Megan’s Law requires individuals who have been convicted of certain sexual offenses to register as a sexual offender with the police department in the municipality for which they reside. Once registered, the individual’s information (i.e., address, photograph, and convicted sexual offenses) becomes public and can be disseminated by the local police department to the surrounding community, which includes the local school system, as well as the registrant’s neighborhood and employer. As a result, Megan’s Law registration can have serious implications for both the registrant and their family.
Nevertheless, Megan’s Law does permit a registrant to be terminated from registration requirements with a Court Order if certain conditions are met. Whether an individual is eligible to be removed from Megan’s Law Registration Requirements and/or Supervision for Life, is dependent on N.J.S.A. 2C:7-2(f)-(g) and N.J.S.A. 2C:43-6.4(c), respectively.
Under N.J.S.A. 2C:7-2(f), an applicant can apply for removal from Megan’s Law registration if they meet the following criteria:
(1) the applicant has not committed another criminal offense within fifteen years of their conviction or release, whichever occurred later;
(2) the applicant has demonstrated by a preponderance of the evidence that they are not likely to pose a threat to the safety of others; and
(3) the applicant has only been convicted of one Megan’s Law offense not contemplated under N.J.S.A. 2C:14-2(a) (Sexual Assault of a relative) or N.J.S.A. 2C:14-2(c)(1) (Sexual Assault via Coercion).
Regarding the second condition under N.J.S.A. 2C:7-2(f), applicants can prove that they are a low risk to the community by undergoing a psychosexual exam with a qualified psychologist and sharing the expert report produced by the examining psychologist with the Court as an exhibit of the registrant’s motion for removal.
Similarly, applications for removal from Parole or Community Supervision for Life (CSL/PSL) require proof of substantially the same elements listed above but using a more stringent burden of proof. Accordingly, to be removed from Supervision for Life, an applicant must demonstrate by clear and convincing evidence that they: (1) have not committed a criminal offense in the past 15 years; and (2) are unlikely to pose a threat to the safety of others if released from supervision.
If you are currently registered under Megan’s Law and believe you are eligible for removal, call the Law Office of Gregory C. Dibsie at (856)-227-4025 for assistance with the removal process.
Written by: Kaitlyn E. Dibsie, Esq.