Motion to be Removed from Megan’s Law

Motion to be Removed from Megan’s Law in New Jersey

Being placed on New Jersey’s sex offender registry under Megan’s Law can feel like a life sentence. The public listing, restrictions, and stigma can make it extremely difficult to move on with your life after serving your criminal penalty.

Fortunately, the law does allow certain offenders to petition the court to be removed from the registry in some circumstances. The process involves filing detailed motions and evidence to prove you are not a public risk.

If you are seeking removal from Megan’s Law requirements in New Jersey, having an experienced criminal defense attorney on your side is critical. The complexities involved make it very difficult to succeed without legal expertise.

Overview of Megan’s Law in New Jersey

Megan’s Law is the name for sex offender registration and community notification laws in New Jersey. It was enacted in 1994 after the rape and murder of 7-year-old Megan Kanka by a convicted sex offender living nearby.

The law establishes a sex offender registry that law enforcement shares with the public. Offenders are placed into three tiers based on the type of crime and perceived risk.

Registry information like names, photos, addresses, and crimes are displayed online and in notifications to schools, community groups, and residences near the offender’s home.

Who Can File for Removal from Megan’s Law in NJ?

The following offenders may file a motion seeking removal from New Jersey’s sex offender registry after 15 years:

• Tier 1 offenders convicted of less serious crimes like child pornography possession
• Juveniles tried as adults for sex crimes
• Offenders who have maintained a clean record for 10+ years

More serious offenders classified as Tier 2 or Tier 3 are not eligible for removal. However, some can petition for a tier reduction after 15 years under certain conditions.

What is the Process for Getting Off Megan’s Law in NJ?

The process for getting removed from Megan’s Law in New Jersey involves several steps:

1. Filing a detailed motion with the Superior Court outlining how you meet the legal standards
2. Participating in a multi-disciplinary team review of your history and risk
3. Attending a court hearing where a judge reviews your motion and evidence
4. Receiving a court order granting or denying your removal request

This complex legal process requires an experienced attorney. Sex offenses bring intense public scrutiny, so convincing a judge to remove you from Megan’s Law is very difficult without legal expertise.

What Factors Help Motions for Removal from Megan’s Law?

Some factors that can help persuade a judge to remove you from New Jersey’s sex offender registry include:

• Completing sex offender treatment programming
• Passing repeat sexual offender assessments
• Having an extended clean record with no re-offenses
• Showing strong community and family ties
• Advanced age making re-offense unlikely
• Employment and housing stability

The judge will want to see compelling evidence that you have been rehabilitated and do not pose a risk requiring continued Megan’s Law restrictions.

Are Removal Motions Often Successful in New Jersey?

No, removal requests are granted in only a small fraction of cases. Judges face immense public pressure to uphold Megan’s Law, given the serious nature of sex crimes.

That is why building the strongest possible case with an attorney experienced in this niche area is so important. You need to convince the judge that the public does not require your continued registration.

While difficult, removals do occasionally happen in compelling cases. But it is always an uphill battle.

Should I Hire an Attorney to File for Removal from Megan’s Law?

Absolutely. The legal complexities involved make it almost impossible to succeed with a removal request without experienced legal counsel guiding you.

An attorney can advise if you may qualify, thoroughly prepare your detailed motion, obtain supporting evidence like evaluations, represent you at hearings, and generally give you the best possible chance at getting off the registry.

Don’t let the challenges dissuade you. With the right lawyer, filing for removal from Megan’s Law may be your path to a normal life again.

What If My Removal Request Gets Denied?

If your motion gets denied, all is not lost. You can file again in the future if your circumstances improve. For example, after maintaining additional clean time, obtaining treatment, or showing other positive lifestyle changes.

Request a detailed explanation from the judge on why they denied your petition. This can give you a roadmap on areas to focus on strengthening in order to improve future motions.

While disappointing, a denial is not the end. Use it as motivation to build an even stronger case with your attorney over time.

Conclusion

Getting removed from Megan’s Law registration requirements in New Jersey is a long and difficult process. But with an experienced criminal defense lawyer guiding you, it may be possible in certain qualifying cases.

Don’t assume the registry is a mandatory life sentence. Consult with counsel to understand your options. There may be hope for your situation, even if the odds are long.

With the right legal strategy and evidence, filing for removal from Megan’s Law could help you regain your normal life. It’s worth exploring.

References

[1] New Jersey Megan’s Law Statute

[2] NJ Court Rules 1:20 – Attorney Ethics

[3] NJ Sex Offender Removal Guidelines