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Getting Off Of Megan's Law In New Jersey

Getting Off Of Megan's Law In New Jersey

Megan's Law is the name for a series of laws in New Jersey that require law enforcement to make information available to the public regarding certain sex offenders. Megan's Law in New Jersey generally provides two informational services to the public, sex offender registration and community notification.

In order to be subject to Megan's Law in New Jersey, an individual must have been convicted, adjudicated delinquent (a juvenile) or found not guilty by reason of insanity for the commission of a "sex offense". Thereafter such an individual must register as a sex offender and such an individual can be subject to parole supervision for life.

The stigma associated with sex offenses is incredibly difficult to overcome. Not only are individuals who have been found guilty of such crimes often statutorily barred from securing certain types of employment but sex offenders in New Jersey are also often subject to lifelong registration requirements, parole supervision for life, travel restrictions and restriction on use of the internet.

Can I get off Megan's Law?

Termination of the Registration Requirements of Megan's Law.

The most difficult part of Megan's Law other than the stiff prison sentences often associated with sex crimes, is that individuals found guilty of Megan's Law offenses are often subject to, among other things, lifelong sex offender registration and parole supervision for life.

Under N.J.S.A. 2C:7-2f, certain individuals convicted of Megan's Law offenses can make application to terminate the registration requirements of Megan's Law. In order to qualify for such consideration, the Megan's Law offender:

  1. must wait 15 years from the time of his conviction or his release from prison (whichever is later);
  2. must demonstrate he is not likely to pose a threat to the safety of others;
  3. cannot have been convicted of more than 1 sex offense;
  4. cannot have been convicted of aggravated sexual assault under any circumstances or sexual assault where the actor commits an act of sexual penetration and the actor uses physical force or coercion.

If all of these requirements are met, then the Megan's Law offender can make application in the Superior Court of New Jersey to terminate the registration requirements of Megan's Law.

Removal from Parole Supervision for Life.

Under N.J.S.A. 2C:43-6.4c, a person sentenced to parole supervision for life can make application to the Superior Court for release from parole supervision for life. In order to be released from the parole supervision for life condition of Megan's Law, an individual must not have committed a crime for 15 years. The clock begins to run from the date of his last conviction or his release from prison, whichever is later. Such an individual must also make a showing that he is not likely to pose a threat to the safety of others if released from parole supervision.

Removal from the registration requirements of Megan's Law and removal from parole supervision for life both require a formal Motion to be filed in the Superior Court of New Jersey. Such motions are often supported by legal argument and expert testimony to make the showing that the convicted Megan's Law offender no longer poses a threat to the safety of others.

Experienced Bergen County Megan's Law Lawyer.

Sex offenses in New Jersey are extremely serious and the law is often complex. The above is merely a brief and simplified overview of the requirements and process associated with termination of the registration requirements of Megan's Law and removal from parole supervision for life. This outline should not be considered an exhaustive analysis of the requirements and process involved. If you have been found guilty of a sex crime and you are interested in an application to terminate the registration requirements of Megan's Law or you are interested in terminating parole supervision for life, Brickfield & Donahue can help. Call us at 201-574-7919 , or contact our River Edge law firm online to schedule a consultation.

We have extensive knowledge of courts throughout New Jersey and frequently handle cases in Bergen, Passaic, Hudson, Morris, Essex and Union counties.

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