How to Get Removed From Megan’s Law and Parole Supervision
It is difficult enough to face the possibility of incarceration and embarrassment that can come from one mistake. However, when that one mistake involves certain sex crimes, the embarrassment can last a lifetime. That is, unless you are eligible to file a motion to be removed from Megan’s Law. Depending on certain eligibility retirements (explained below), you may be able to file for removal from the Megan’s Law notification requirements in Camden County, Burlington County, Gloucester County, Atlantic County, Mercer County or Ocean County. Proetta, Oliver and Fay has represented individuals charged with sex crimes, Megan’s Law Tiering Hearings and Motions to be Removed from Megan’s Law and PSL throughout New Jersey. For an immediate consultation on whether you are eligible to be removed from Megan’s Law and how we can help in that process, call 609-832-3202.
Who is Placed on Megan’s Law and Parole Supervision for Life?
Megan’s Law and Parole Supervision for Life (PSL, formerly known as Community Supervision for Life) are legislative creations that mandate certain sex offenders information be made available to the public. Under N.J.S.A. 2C:7-1, the following crimes may require registration under Megan’s Law:
- Aggravated Sexual Assault
- Sexual Assault
- Aggravated Criminal Sexual Contact
- Promoting prostitution of a child
- Luring
- Criminal Sexual Contact (victim is under the age of 18)
- Kidnapping
- Endangering the Welfare of Child
This is not an exhaustive list of crimes that could lead to registration under Megan’s Law or Parole Supervision for Life. However, if you plead guilty or are found guilty of one of the enumerated offenses under N.J.S.A. 2C:7-1, you will be subject to Megan’s law requirements. Your attorney would presumably have notified you of these requirements before your criminal case is resolved.
Am I Eligible to Removed From Megan’s Law After 15 Years?
Possibly. N.J.S.A. 2C:7-2(f) of the Megan’s Law statute specifically says that: “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.”
When Does the Fifteen (15) years Start?
The 15-year time frame begins either immediately after your are convicted (assuming you are sentencing to anything other than incarceration, i.e. probation) or upon your release from a correctional facility, whichever is later. This means that you may not be eligible until 20 or 25 years after your court case is resolved because you were sentenced to a period of imprisonment. You should refer to your Judgement of Conviction for a proper assessment of when your eligibility date begins.
It Has Been 15 Years Since I Was Released, Can I Get Off Megan’s Law?
It is not as simple as waiting 15 years. Before a judge will even consider ruling in favor of a Motion for Removal From Megan’s Law, you must establish that 15 years has passed and that you are you are not likely to pose a threat to the safety of others.
How do I show I am not a threat to the safety of others? In our experience, obtaining a favorable psychological report of our client which would demonstrate that the individual applying for removal presents a low risk for re-offense and is not a threat to the community. This may turn into a “battle of the experts” if the State objects to a motion for removal and it is imperative that you are prepared to thoughtfully and effectively argue against any responses from the State.
How Can I File a Motion for Megan’s Law Removal?
Our office has experience filing these motions throughout New Jersey. Once we have obtained a favorable psychological report, we attach necessary supporting documentation (letters from friends, family, community members, employers, etc.), a certification and a letter brief. The letter brief and psychological report are the most important components because they are likely what the judge will rely upon when rendering a decision. Typically the turn-around time in starting the process and obtaining a decision from the court can take a few months. Contact our office for a more detailed assessment of your case.
When Can I Get Off Megan’s Law If I Was a Juvenile?
The eligibility requirements for filing for Megan’s Law Removal are different for individuals who are adjudicated delinquent (as a juvenile) v. convicted (as an adult). If you were younger than 14 years-old when you committed a sexual offense, you may be able to apply to get off the Megan’s Law registry after once you turn 18 years-old.
Can I Be Removed From Megan’s Law If I Was Convicted Another Offense?
No. N.J.S.A. 2C:7-2(f) says that you must remain conviction-free for 15 years before you become eligible. However, hypothetically if you are convicted of a criminal offense two years after your release from the original sex offense, then you cannot simply wait 15 more years. Courts have ruled that any conviction after your Megan’s Law sex offense, then you are never eligible for removal.
Camden County Megan’s Law Removal Lawyers
If you believe you are eligible for removal from Megan’s Law Registration or Parole Supervision for Life, call the law offices of Proetta, Oliver & Fay. Firm Partner, William C. Fay, IV, has extensive experience filing motions for removal from Megan’s Law Registry and Parole Supervision with success. Mr. Fay will gladly discuss the process and steps involved in filing a motion like this an help you determine your eligibility. For an immediate and confidential consultation with a Camden County Megan’s Law Attorney, call 609-832-3202.
