How Can I Be Removed from New Jersey’s Megan’s Law?
Yes, a person who has been sentenced to Megan’s Law can make a motion to terminate from Megan’s Law if they are eligible. Under N.J.S.A.2C:7-2, a person required to register on Megan’s Law may make an application to the Superior Court of New Jersey to terminate their obligation under Megan’s Law upon proof that the person has not committed an offense within fifteen (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. N.J.S.A. 2C:7-2(f).
What does the court look at when deciding the motion to terminate from Megan’s Law?
First, a person needs to be 15 years offense free to be eligible. That means no convictions of any kind in New Jersey or other jurisdictions since the time when the person was sentenced to the Megan’s Law offense. Prosecutors may even object to the motion even if an individual has had charges dismissed.
Regardless of the prosecutor’s position, the court will decide the motion based upon the brief submitted by your lawyer and the relevant case law. In order to demonstrate that an individual is “not likely to pose a threat to the safety of others,” it is critical to provide the court with a report from an expert in the field to demonstrate that the individual meets these requirements. It is not recommended that merely making statements that an individual is a low tier or tier one will not be compelling evidence sufficient to convince the court to remove an individual from Megan’s Law.
How long does the process take?
The process may take a few months. You must first make sure that you are eligible to make such motion. Your attorney should obtain records including:
- Judgement of conviction
- Probation records
- Tiering records
- Police reports, and all discovery
- Any other records that will assist the court in making its decision
The motion should include a notice of motion, brief, order, and an expert opinion. Your attorney will need to ensure that the motion is filed in the correct jurisdiction. The jurisdiction is not where you currently reside but the county where the offense took place.
Are there are certain crimes that you cannot get off Megan’s Law?
Yes, there are certain crimes that make you ineligible to get off Megan’s Law. Some individuals pled to offenses believing that they could be removed from the register but the law has changed since it was passed, and now are unable to make a motion to be terminated from Megan’s Law. One such offense is aggravated sexual assault. It is important before making the motion in Superior Court to make sure you are eligible.
Contact our New Jersey criminal defense law firm today online or by phone at 732-303-7857 to arrange a free consultation about the charges you are facing.
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