Sexual offenses are among the most serious charges a person may face. People convicted of certain sex offenses must register under New Jersey’s Megan’s Law registry, but registration does not have to be permanent.
Removal from New Jersey’s sex offender registry is possible if you meet the necessary criteria. An attorney can help you file a petition with the Superior Court of New Jersey to terminate your registration obligations. Removal is not guaranteed in any case, and certain factors might make it harder to get removed from the registry. If the court perceives you as a threat or risk to the community, your petition will be denied. Certain crimes are ineligible for removal no matter what, especially violent sexual offenses. A lawyer can help you assess your legal options regarding removal from the Megan’s Law registry.
If you must register with the Megan’s Law registry, our Atlantic City sexual offense lawyers can help you petition for removal. For a free case assessment where we can determine if you meet the eligibility criteria for removal, call the Law Offices of John J. Zarych at (609) 616-4956.
Can I Be Removed from the Megan’s Law Registry in New Jersey?
If a person is convicted of certain sexual offenses, they might be required to register with New Jersey’s sex offender registry. The public can access the registry, and registration may last for years, in some cases forever. However, registration does not have to be permanent for certain defendants. In fact, it might be possible for our New Jersey sexual offense lawyers to help you petition for removal from the registry.
According to N.J.S.A. § 2C:7-2(f), a person can be removed from the Megan’s Law registry and have their registration requirements terminated if they have not committed a criminal offense within the past 15 years following their conviction or release from prison. This is often a difficult hurdle for many defendants as it is a very long time to wait. It becomes even more difficult if you were sentenced to time in prison, as that time does not count toward the 15-year period. Instead, the clock begins counting down only after you are released from prison.
Additionally, you can only be removed from the registry if you can demonstrate that you are not a threat or safety risk to the community. The court does not have to grant your petition even if you meet the eligibility criteria. Our Wildwood sexual offense lawyers can help you prepare your case and show the court you are not a safety risk.
You should also know that not everyone convicted of a sexual offense is eligible for removal. Certain offenses, particularly those that involve violence, may be barred from removal even if the defendant meets all other conditions for removal.
The Process of Being Removed from the New Jersey Megan’s Law Registry
Sexual offenses and the sex offender registry are incredibly serious matters in the criminal justice system. As such, petitioning for removal from the registry might take some time. Before filing your petition for removal, we must gather the necessary evidence and information.
If your petition is to be granted, it must demonstrate by clear and convincing evidence that you meet all requirements for removal. These requirements include being crime-free for at least 15 years after your conviction or release from prison and being deemed a safe person who is not a threat or risk to the public. We will need access to your official criminal record to show that you have remained crime-free for the last 15 years. Demonstrating that you are not a safety risk is a bit trickier.
Once your petition is filed, there might be a hearing at which a judge will review your petition and determine if your registration requirements should be terminated. Our South Jersey sexual offense attorneys can present evidence that you are not a threat to public safety. Evidence of your employment, family, and reputation within the community can help us prove you are rehabilitated and should be removed from the registry.
Factors That Might Prevent You from Being Removed from New Jersey’s Megan’s Law Registry
When filing a petition for removal from the Megan’s Law registry, we must be aware of any roadblocks in your case that might prevent you from being removed. Some roadblocks may be overcome, while others might bar you from removal. Our Sea Isle City sexual offense lawyers can review your case for any bumps in the road and determine how best to avoid them.
Certain factors might prevent you from getting your petition granted at all. You are not eligible if you have a criminal conviction within the last 15 years, and your petition will be quickly denied. Similarly, your petition will be denied if your underlying sexual offense is categorically barred from eligibility for removal.
Offenses ineligible for removal can be found under N.J.S.A. § 2C:7-2(g). You cannot be removed from the registry if you were convicted of two or more offenses. Also, anyone convicted of sexual assault or aggravated sexual assault cannot be removed from the registry.
Other factors might make it difficult to get your petition approved but do not bar you from removal. There is room for discretion when the court decides whether you are a risk to public safety. Factors like a poor reputation in the community, an unstable employment history, or a reputation for anger or violence might work against you. To counteract these factors, we can highlight your redeeming qualities, such as acts of community service, education achievements, and other ties to your community.
Contact Our New Jersey Sexual Offense Attorneys for Help
If you were previously convicted and required to register as a sex offender, you can petition for removal if you meet the above criteria. Our Egg Harbor sexual offense lawyers can help you file your petition and hopefully get your registration requirements terminated. Call the Law Offices of John J. Zarych at (609) 616-4956.