Megan’s Law Removal
Can I Be Removed From Megan’s Law in NJ?
As of 1994 anyone convicted of certain enumerated sexual related crimes in New Jersey must register as a sex offender. This registry, which is more commonly known as Megan’s Law has various purposes but one of the main purposes is in essence to put public at large on notice that a “sexual predator” may be residing in their neighborhood. Unfortunately our judicial system is not always fair and at times this aspect of the criminal code tends to sweep certain individuals within its grasp that certainly would not be classified as a “sexual predator” had the full story been known. With that being said, there is the ability to seek removal from the registry if certain conditions are meet. One of the main conditions being that the individual has not committed a new offense within the last fifteen (15) years. For more information on the other required conditions, please see below.
Need Attorney to Help Remove From Megan’s Law in Monmouth County?
If you or a loved one is seeking to removed from Megan’s Law in Monmouth County, we strongly urge that you contact a criminal defense attorney as soon as possible. Understanding your rights and options is absolutely crucial when it comes to petitioning the court to be removed from the sex offender registry. Our office has successfully petitioned the court to remove numerous clients from the sex offender registry throughout our careers. If you would like to set up a free initial consultation today with one of the attorneys at Proetta & Oliver, then please contact our Middletown office at 732.858.6959. We serve all of Monmouth County, including towns like Howell, Wall Township, Asbury Park, Middletown, Hazlet, Belmar, Aberdeen, Union Beach, Atlantic Highlands, Holmdel and Freehold.
What Sex Offenses Require Registration in NJ?
Before we discuss removal, it is important to to discuss who must register. In order to placed under New Jersey’s Sex Offender Registry an individual must have been convicted, adjudicated of delinquency, or acquitted by reason of insanity for anyone of the following offenses:
- Aggravated Sexual Assault;
- Sexual Assault;
- Aggravated Criminal Sexual Contact;
- Certain Kidnapping Offenses;
- Certain Endangering the Welfare of a Child Offenses;
- Certain Criminal Sexual Contact Offenses;
- Certain Criminal Restraint Offenses;
- Certain False Imprisonment.
This does include any convictions for attempts to commit convictions as well.
Can I Be Removed from Megan’s Law in NJ?
As touched upon above, under certain circumstances, individual’s forced to register under New Jersey sex offender register may be able to petition the courts for removal pursuant to N.J.S.A. 2C:7-2(f). This subsection states in pertinent part:
- Except as provided in subsection g. of this section, a person required to register under this act may make application to the Superior Court of this State to terminate the obligation upon proof that the person has not committed an offense within 15 years following conviction or release from a correctional facility for any term of imprisonment imposed, whichever is later, and is not likely to pose a threat to the safety of others.
First, in order to be eligible for removal, the individual must only have one conviction for one of the enumerated sex offense (see above) under this registry and that conviction can not be for aggravated sexual assault (N.J.S.2C:14-2(a) or sexual assault (N.J.S.2C:14(c)1). If the individual satisfies the first condition, they may be removed from the registry if the Court is convinced that they have not “committed an offense” within the last fifteen years (excluding the time the individual was incarcerated) and that they are not likely to pose a threat to the safety of others. “Offense” includes any crime not just a sex offense.
Does it Matter if I was a Juvenile when I was Placed on Megan’s Law?
If the individual was a juvenile and under the age of fourteen (14) at the time of the offense and they were not adjudicated delinquent of one of the more serious sex offenses like aggravated sexual assault or sexual assault then juvenile will be able to petition the Court from removal once they turn the age of eighteen (18).
How Does One Go About Being Removed from Megan’s Law?
In order to establish that the individual does not pose a danger to the community they must be undergo an evaluation by a doctor. Once the evaluation is complete, defense counsel will submit a motion to the court seeking the individual’s removal. Upon receipt of the motion, the Court will set the case down for a hearing during which defense counsel put forth their arguments. Once the hearing is concluded and the Court hears from both defense counsel and the prosecution they will issue their ruling.
Local Attorney to Help Remove Megan’s Law Registry in Freehold NJ
If you or a loved one is seeking to petition the court to be removed from New Jersey sex offender registry, the Law Offices of Proetta & Oliver can help. Being placed on the registry and being labeled as a “sex offender” can be extremely demoralizing for some and it tends to have extremely crippling consequences, including but not limited to the inability to reside at certain locations and obtain certain employment opportunities. Therefore, we strongly recommend that anyone who is eligible to be removed from the registry seek relief from the Court. If you would like to go over the facts of your case and discuss your options and the strength of your case, then please contact our office at 732.858.6959. Our initial consultations are always free of costs, so if you have any questions whatsoever, please do not hesitate to contact us.