Enacted in 1994 by the State of New Jersey, Megan’s Law is a group of statutes that mandates public disclosure of information pertaining to sex offenders. These laws were ratified on the federal level two years later, allowing states to let the public know when there are sex offenders in their communities. Part of this includes another statute that requires foreign governments to be informed when American citizens who are registered as sex offenders enter their countries.
A person who must register as a sex offender has been convicted for a sex crime and may be required to be under parole supervision for the rest of their life. Other restrictions may prevent them from living and working in certain areas or industries, limited travel, and being barred from using the internet. In New Jersey, a sex offender must also register on the New Jersey Sex Offender Internet Registry, which is available to the public.
What Happens if I am on the Registry?
Someone who was wrongly convicted could face long-term implications if their name is placed on the list. It can also make it hard to find a job since employers have access to the registry. Not all sex offenders are repeat offenders, but their names will remain on the list for many years until there is the possibility of removal.
The first parameter for getting removed from the registry is to be offense-free for at least 15 years after the conviction or being released from a correctional facility. If the offender was younger than 14 years old when committing a sexual offense, they may apply for removal when they turn 18 years old. An applicant must then prove that they no longer pose a threat to others, which can be done through a physician and therapist evaluation, testing, and recommendations.
Can All Offenders Apply for Removal?
Not every applicant can have their name removed from the registry. Anyone who has been convicted for more than one sex offense will not qualify for removal. An individual who was convicted of any serious sexual offense, such as aggravated sexual assault, will also be turned down. If the applicant committed an act of sexual penetration through physical force or another means of coercion, their name will remain on the registry.
How Does the Removal Process Work?
A qualified lawyer can help an individual file a motion that is based on a brief that has been prepared on their behalf. To support the case, the original judgement of conviction, police reports, probation records, employment records, and other supporting documentation could be helpful. In essence, the evidence must be compelling enough to sway the court into allowing the name to be taken off. Once the process begins, it can take several months until a decision is made.
Some individuals can also be removed from parole supervision for life (PSL), and this can be done at the same time when applying for registry removal. The same main parameters apply. For help with removing one’s name off the registry, it is advisable to contact a lawyer.
Haddonfield Sex Crimes Lawyers at Agre & St. John Understand Megan’s Law Statutes
Getting your name removed off a sex offender registry can be challenging, but one of our Haddonfield sex crimes lawyers at Agre & St. John can help you. For an initial consultation, call us at 856-428-7797 or contact us online. Located in Haddonfield, New Jersey, we serve clients throughout South Jersey, including Burlington County, Camden County, Gloucester County, and Salem County.