Depending on the nature of your sexual offense, you may be eligible to have your information removed from the Megan’s Law registry. If you haven’t reoffended in 15 years and an expert testifies that you aren’t a danger to the public, you can file for removal with the Superior Court of New Jersey.
If you had to register as a sex offender, you probably want to know if it’s possible to be removed from the sex offender registry in New Jersey and what the process looks like. The good news is that for many offenders, there is a path to getting your name removed from the database. However, there are strict requirements, and certain sex crimes can make you ineligible for removal.
Do you need assistance getting off the Megan’s Law sexual offender registry in New Jersey? Contact the Law Office of Jason A. Volet to speak with our experienced criminal defense attorney about your case. We can help you gather the evidence you need to support your petition for removal and represent you at your court hearing.
What Are the Requirements for Being Removed from the Megan’s Law Registry?
According to New Jersey law, there are four primary requirements for being removed from the Megan’s Law registry:
- You must not have a conviction for a sex crime that disqualifies you from removal from the registry.
- You must wait 15 years after your conviction or release from prison to apply for removal from the registry.
- You must not have any criminal offenses on your record within 15 years following your conviction or release.
- You must not pose a threat to the safety of others.
Assuming you satisfy the first three requirements, your attorney can use your existing criminal record as evidence of your initial qualifying crime, that 15 years have passed, and that you haven’t reoffended in that period. However, proving that you don’t pose a threat to the safety of others can be more challenging.
To satisfy this last requirement, you will need expert testimony stating that you underwent an evaluation and that the expert found that you are unlikely to reoffend and pose no risk to the public. Additional supporting documentation, such as character statements from friends, family, and coworkers, can strengthen the expert’s testimony. You may also want to include information on your employment history, involvement in the community, and counseling or treatment.
What Crimes Can Affect Eligibility for Getting Removed?
Certain sex crimes can affect your eligibility for removal from the Megan’s Law registry. Before applying for removal, you must determine whether the crime that got you on the registry bars you from removal.
You will not be eligible to have your name removed from the registry if your conviction was for:
- Multiple sex offenses
- Aggravated sexual assault
- Sexual assault involving penetration using coercion or force
If you have questions about your eligibility for removal from the sex offender registry in New Jersey, the criminal defense team at the Law Office of Jason A. Volet can answer them.
Are There Different Rules for Juvenile Offenders?
There are different rules for removing your name from the sex offender registry for juvenile offenders, depending on how you were tried and convicted. According to the New Jersey Supreme Court, the requirement to remain offense-free for 15 years only applies to offenders prosecuted as adults.
Juveniles who were adjudicated delinquent in family court do not have to meet this requirement. However, they do still need to prove with clear and convincing evidence that they are not a threat to public safety. This may include a psychological evaluation, proof of completing therapy or treatment, evidence of employment, and testimony about their character. Committing another crime could still affect their eligibility if it makes them a safety risk.
How Long Can the Process of Removal from the Megan’s Law Registry Take?
The process of having your name and other personal information removed from the Megan’s Law registry usually takes several months. After submitting your application and having your removal hearing, it typically takes around 30 days for the judge to make a decision.
Gathering the information required to submit your application can take a month or two with the help of a criminal defense attorney. Remember, at the bare minimum, you need proof that you haven’t reoffended and the testimony of an expert stating that you pose no threat to others.
However, to have the best shot at removal, it’s a good idea to have additional evidence supporting your claim that you will not reoffend. Employment records, character statements, and other documentation demonstrating your involvement in your community can go a long way toward showing the judge that your past mistakes no longer define who you are.
How Can a New Jersey Sex Crimes Defense Attorney Help Me Get Removed from the Registry?
A New Jersey sex crimes defense attorney can assist you in getting removed from the Megan’s Law registry by:
- Helping you understand the law and if you are eligible for removal
- Gathering evidence that proves you haven’t reoffended
- Filing your petition for removal with the court
- Representing you at your court hearing
Having an experienced sex crimes defense attorney working on your case can eliminate the stress of dealing with the removal process. When you work with an attorney from the Law Office of Jason A. Volet, you can rest assured that your case is in good hands.
Contact a New Jersey Sex Crimes Defense Attorney
If you ended up on the Megan’s Law registry after a sex offense and want to know more about whether you’re eligible for removal, contact the Law Office of Jason A. Volet today. Our experienced criminal defense team can evaluate your case, assess your eligibility, and help you put together your petition for removal. With nearly 20 years of experience handling over 4,000 cases, we have the knowledge and skills needed to get results for our clients.
Don’t wait to have your personal information removed from the registry. The sooner the courts take your information down, the sooner you can move on with your life. Your past mistakes don’t need to define your future.
