In 1994, the New Jersey Legislature passed a package of bills aimed at monitoring and punishing certain sexual offenders under what was known as Megan’s Law. This overhaul of the law imposed a requirement that certain sexual offenders register with their local police department and report whenever they relocated. While the registration requirements are clearly stringent, the law also allows for removal from Megan’s Law registration under certain circumstances. If you are seeking to be removed from mandatory registration under Megan’s Law, contact the Law Offices of Jonathan F. Marshall. Our attorneys can advise you on whether or not you are eligible for removal and, if so, assist you with the process. Our Newark Office can be reached 24/7 at 973-710-1520 for free consultation.
NJ Megan’s Law Removal Law
While the general purpose of the Megan’s Law legislative enactments was to address the danger of recidivism posed by sex offenders and offenders who commit other predatory acts against children, the legislature did recognize that rehabilitation is always possible. Accordingly, the legislature included N.J.S.A. 2C:7-2(f), which allows certain registrants to file a Motion to be removed from registration requirements. Specifically, the statute reads as follows:
“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.”
As you can see from the language of 2C:7-2(f), it is not enough to simply making it past the fifteen (15) year waiting period. The registrant must also have lived those fifteen (15) years as a lawful member of society during which he/she has complied with all the registration requirements of Megan’s Law. Moreover, the registrant must also demonstrate that they are “not likely to pose a threat to the safety of others.” If these requirements are met, then the registrant may make, and possibly succeed, on an application for removal from Megan’s Law registration.
Do Certain Sex Crimes Result In Lifetime Registration Under Megan’s Law?
Yes. When the offense involves aggravated sexual assault or a conviction for sexual assault where physical force or coercion is used, the offender is ineligible for removal from registration. An individual is also ineligible under 2C:7-2(f) where he/she has multiple sex crime convictions.
Removal From Megan’s Law For a Juvenile Sex Offense
The rules for removal from registration are different for juvenile sex offenses. If an offender was younger than fourteen (14) years old when they committed a sexual offense, they can apply to get off of Megan’s Law after turning eighteen (18) years old. In order to succeed on this application, the offender cannot have any subsequent sex offense convictions (e.g. sexual assault or aggravated sexual assault).
To find out if you or someone you love is eligible for removal from Megan’s Law registration, contact the Law Offices of Jonathan F. Marshall today. Attorneys on our defense team can be reached 24/7 at 973-710-1520.