Megan’s Law Removal in New Jersey

Megan’s Law, enacted in New Jersey in 1994, requires individuals convicted of certain sexual offenses to register as sex offenders. Under this legislation, convicted sex offenders must register with the state following their release from prison and provide information to law enforcement and the community about their identity, where they live, and the nature of their crimes. This law was designed to protect the public by providing access to information about individuals convicted of certain sex crimes. However, for those who have completed their sentence, registration under Megan’s Law can present significant long-term consequences, such as challenges in securing employment, housing, and rebuilding a normal life. Fortunately, under specific conditions, some individuals may be eligible for removal from the Megan’s Law registry.

Complying with these registration requirements can be extremely difficult for convicted sex offenders due to the discrimination they may face when neighbors, employers, and members of the public become aware of their criminal history. Some sex offenders are eligible for removal from the state’s sex offender registry, however, giving them the chance to escape the stigmas and discrimination caused by registration.

This page provides information about petitioning for removal from New Jersey’s sex offender list. To find out more about filing a motion to be removed from Megan’s Law in New Jersey, contact me, Anthony N. Palumbo, for a free and confidential consultation. I can help you understand whether you’re eligible for removal and explain the process for terminating this very difficult obligation. Call 908-272-9700.

Understanding Megan’s Law in New Jersey

Megan’s Law was named after Megan Kanka, a seven-year-old girl from New Jersey who was tragically murdered by a convicted sex offender living in her neighborhood. This law mandates that individuals convicted of certain sex offenses must register with local law enforcement. Information about these offenders, such as their location and offenses, may also be made available to the public, depending on the level of risk the offender poses.

In New Jersey, there are three tiers of registration under Megan’s Law based on an individual’s risk to the community:

• Tier 1 (Low Risk): Limited notification, primarily to law enforcement.
• Tier 2 (Moderate Risk): Notification to schools, community organizations, and law enforcement.
• Tier 3 (High Risk): Full community notification, including the public at large.

While registration serves a protective purpose, it can also carry severe consequences for registrants who are no longer a danger to society. Under certain circumstances, however, it is possible to be removed from the Megan’s Law registry.

Eligibility for Megan’s Law Removal

Not every individual subject to Megan’s Law registration is eligible for removal. To qualify, you must meet several strict criteria under New Jersey law. These include:

1. 15 Years Since Conviction or Completion of Sentence:
   • To apply for removal from the registry, 15 years must have passed since the conviction or the completion of your sentence, whichever occurred later. This period must be free of any new criminal convictions.
2. No Additional Convictions:
   • You must not have been convicted of any other crimes during the 15-year period following your conviction or completion of your sentence. Any subsequent criminal behavior could disqualify you from seeking removal.
3. No Likelihood of Re-Offense:
   • You must demonstrate that you are not likely to pose a risk to the public. Courts typically require evidence, such as psychological evaluations or reports from treatment programs, to show that you are rehabilitated and unlikely to re-offend.
4. Non-Applicability for Certain Offenses:
   • Certain serious offenses, such as aggravated sexual assault, may render you permanently ineligible for removal from the registry under Megan’s Law. Additionally, offenders classified as repetitive and compulsive may also be disqualified from removal consideration.

How To Terminate The Obligation Of Sex Offender Registration

If an offender meets these requirements, and is not subject to permanent registration (discussed below), removal is accomplished by filing a motion to the Superior Court in the county where he currently resides and is registered. In determining whether removal is appropriate, the court will typically consider evidence such as whether the offender has been charged with criminal offenses since being registered and the results of expert psychological evaluations regarding the initial offense and the offender’s likelihood of re-offending.

Permanent Registration Requirements

Some sex offenders cannot terminate their obligation to register, and must remain permanently registered and subject to community supervision for life. Offenders who are ineligible for removal include those convicted of aggravated sexual assault, sexual assault involving physical force or coercion, or conviction of more than one sex offense.

The Process of Megan’s Law Removal

If you are eligible for removal under Megan’s Law, you must petition the court to have your name removed from the registry. Here’s what the process generally looks like:

1. Filing a Petition:
   • Your attorney will file a formal petition with the New Jersey Superior Court requesting your removal from the Megan’s Law registry. This petition will include supporting evidence demonstrating your compliance with all legal requirements, including the 15-year period and proof of rehabilitation.
2. Court Evaluation:
   • The court will carefully evaluate the petition and supporting documentation. The prosecutor will have the opportunity to review the petition and may challenge it if they believe removal is inappropriate.
3. Psychological Evaluation:
   • In many cases, the court may require a psychological evaluation to assess your risk of re-offending. A favorable evaluation is critical to demonstrating that you are not a danger to the community.
4. Hearing:
   • A hearing will be scheduled where your attorney will present your case to the judge. The prosecutor may present objections, and the judge will weigh all the evidence before making a decision.
5. Court Decision:
   • If the court determines that you meet all the criteria and are no longer a threat to the public, your name will be removed from the Megan’s Law registry. If the petition is denied, your attorney can advise you on possible next steps.

Contact The Law Offices of Anthony N. Palumbo

Successfully petitioning for Megan’s Law removal can be challenging, requiring in-depth legal knowledge and careful preparation. An experienced attorney like Anthony Palumbo can help ensure that your petition is filed correctly and that you have the necessary documentation and evaluations to support your case.

Megan’s Law registration can have lasting effects on an individual’s ability to lead a normal life. However, if you meet the eligibility requirements, removal from the registry is possible. Working with an experienced attorney can help increase your chances of a successful petition, allowing you to move forward and rebuild your life.

To schedule a free and confidential legal consultation regarding your eligibility for removal from Megan’s Law, contact me, Anthony N. Palumbo, online or at 908-272-9700 . As a sex crimes defense lawyer with more than 35 years of experience, both as a prosecutor and as a public defender, I have insight into how Megan’s Law cases are perceived by the courts and I know the best strategies for getting results in my clients’ cases.