Motion to be Removed from Megan’s Law
The Moriarty Law Firm represents clients throughout New Jersey charged with aggravated sexual assault, endangering the welfare of a child, and criminal sexual contact including in Middlesex County, Monmouth County, Ocean County, and Mercer County, NJ. We can handle your Removal from Megan’s Law motion as well. Please contact our experienced criminal defense lawyers for a free initial consultation at (732)842-7773. Read below for more information:
Megan’s Law was enacted and became effective on October 31, 1994. This statute requires a defendant who has been convicted of certain enumerated sex offenses to register with the police department in the municipality in which they reside. The police will also notify neighbors and local schools of the registrant’s existence and the registrant’s photograph will be posted on an internet database.
The legislature saw fit, when enacting this statute, to allow certain registrants to file a Motion to be removed from registration requirements if certain criteria are established. The Megan’s Law statute, N.J.S.A. 2C:7-2(f), governs the filing of this motion and provides:
f. 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 a result, there are several requirements for this Motion to be filed. First, the registrant must not have committed any offenses in fifteen (15) years since the conviction or their release from prison. This means that the registrant has lived as a lawful member of society for fifteen (15) years, during which the registrant has complied with all the registration requirements of Megan’s Law. The failure to do so would result in a conviction for failure to register as a sex offender under N.J.S.A. 2C:7-2.
Moreover, the registrant must also convince the Court that the registrant “is not likely to pose a threat to the safety of others”. This is typically accomplished through the use of a comprehensive psychological evaluation conducted by a licensed professional. The psychologist then provides the Court with a report detailing the initial offense and the likelihood that the registrant poses a threat to the community.
Finally, subsection (g) prevents registrants who have been convicted of certain serious crimes from ever being removed from Megan’s Law registration requirements. A registrant who meets the above criteria, and is not statutorily barred by subsection (g), is eligible to be removed from Megan’s Law through the filing of a Motion to the Assignment Judge in the Superior Court in which they are currently registered (and therefore the County in which they reside).
For additional information or to file a Motion for Removal from Megan’s Law, please contact the Moriarty Law Firm at (732)842-7773.
You can call 732-842-7773 anytime, 24 hours a day, to speak with a lawyer at our office. You may also contact us by e-mail to schedule your free initial consultation.