Motion to be Removed from Megan's Law

New Jersey Megan's Law Criminal Lawyers

The Law Offices of Jonathan F. Marshall represent clients charged with criminal sexual contact, luring, and promoting prostitution throughout New Jersey including in New Brunswick, Toms River, Morristown, and Freehold, New Jersey. Contact our experienced criminal defense lawyers for a free initial consultation at 855-450-8310. We understand what a difficult process this can be for you and your family. It is essential that you contact an experienced sex crimes defense lawyer to handle your case as you may be exposed to significant jail time, Megan’s Law registration requirements, and community supervision for life.

Megan’s Law in New Jersey

Megan’s Law was enacted on October 31, 1994 and requires individuals who have been convicted of certain enumerated sex offenses to register with the police department in the municipality in which they reside. The police department may then notify local schools in the registrant’s community as well as in the area of the registrant’s employment depending on the registrant’s tier classification. The registrant’s photo may also be posted online in an internet database. As a result, Megan’s Law registration is a serious and traumatic experience for the registrant and their family. If you have been charged with a sex offense in New Jersey, it is essential that you contact an experienced criminal defense lawyer at the Law Offices of Jonathan F. Marshall for immediate assistance. We will do everything in our power to keep you off of Megan’s Law.

Motion to be Removed from Megan’s Law

Megan’s Law provides for the potential removal from registration requirements after fifteen (15) years if certain criteria are met. The statute, N.J.S.A. 2C:7-2(f), provides:

f. 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.

As a result, if you or a loved one is required to register under Megan’s Law and you have not committed any offenses in fifteen (15) years since the date of your original conviction or the time you were released from prison, whichever is later, you may be eligible to be removed from Megan’s Law registration requirements. The motion to be removed from Megan’s Law must be filed in the county in which the registrant resides (and is therefore registered). The motion is filed to the Assignment Judge (the Chief Judge) in the county in which the defendant is registered. The Motion must show:

  • The registrant has not committed any offenses in fifteen (15) years
  • The registrant is not likely to pose a threat to the safety of others
  • The registrant was not convicted of an offense which is barred for removal under subsection (g)

Our office files this motion along with a comprehensive psychological evaluation conducted by a licensed psychologist. This report is provided to the court to show that the registrant is not a threat to others in the community. Please contact the Law Offices of Jonathan F. Marshall for a free initial consultation at 855-450-8310. Our experienced criminal defense lawyers will assist you in determining whether or not you are eligible to be removed from Megan’s Law.