Understanding Megan’s Law in New Jersey
Megan’s Law came into effect on October 31, 1994 and requires that certain individuals who have been convicted or pleaded guilty to a variety of different sexual offenses to register with the local police department in the municipality in which they reside. The local police department will then notify local schools in the Megan’s Law registrant’s community as well as the Megan’s Law registrant’s employer depending on which Megan’s Law Classification Tier has been assigned to the offender. The offender’s photo will be posted online in an internet database. Megan’s Law registration can be a serious and traumatic experience for the offender and their loved ones. If you are facing a sex charge in New Jersey, it is essential that you have at your side an experienced NJ criminal defense lawyer. We will take all necessary steps to keep you off of Megan’s Law.
Filing a Motion to be Removed from Megan’s Law in New Jersey
Megan’s Law allows for the potential removal from sex offender registration after fifteen (15) years if certain criteria are met. The statute, N.J.S.A. 2C:7-2(f), provides in pertinent part: f. 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.
If you or someone you know has been required to register under Megan’s Law and has not committed any offenses in fifteen (15) years since the date of your original conviction or the time you were released from prison, whichever is later, it is possible to be removed from Megan’s Law registration requirements. In New Jersey, a Motion to be Removed from Megan’s Law must be filed in the County in which the offender resides (and is therefore registered). The Motion is filed to the Assignment Judge (the Chief Judge) in the County in which the defendant is registered at the time of the filing of the motion.
The Motion must show:
- The offender has not committed any offenses in fifteen (15) years
- The offender is not likely to pose a threat to the safety of others
- The offender was not convicted of any offense which is barred for removal under subsection (g)
With the help of our experienced team of lawyers, we will file this motion on your behalf along with a detailed and comprehensive psychological evaluation conducted by a licensed psychologist. This report is included with the Motion and is submitted to the Court to show that the offender is not a threat to others in the community and otherwise meets all of the requirements, psychologically speaking, to be removed from Megan’s Law.