A common question our Haddonfield criminal lawyers get asked is if it is possible to be removed from the Megan’s Law registry? Generally, the answer is yes, it is possible to get off the registry, provided that a registrant meets certain criteria. However, there are some exceptions to this general rule; those subject to Megan’s Law should seek legal counsel from a qualified local attorney as the laws on this vary by state.
What is Megan’s Law?
Megan’s Law is named after a seven-year-old New Jersey girl who was abducted, raped, and killed by a registered sex offender who lived across the street, unbeknownst to her family. After her death, her family advocated for the implementation of a warning system to prevent similar tragedies from occurring.
New Jersey passed Megan’s Law in 1994 to require that communities be notified when sex offenders move into the neighborhood. Congress subsequently enacted its own Megan’s Law by amending the existing Jacob Wetterling Crimes Against Children and Sexually Violent Offender Registration Act to require public notification of where convicted sex offenders reside after their release from incarceration. The federal law requires each state to create and maintain its own sex offender registry and today, all 50 states have a version of Megan’s Law in place.
New Jersey makes information about sex offenders available to the public on the Internet. The registry includes a list of moderate and high-risk offenders, as defined by the statute, along with their:
- Date of birth
- Date, location, and description of sex offenses
- Description of the offender’s modus operandi
- Distinguishing marks/tattoos
- Eye color
- Make, model, year, color, and license plate of any vehicles owned by the offender
- Photograph of the offender
- Risk of re-offense
Removal from Megan’s Law in New Jersey
It is possible to be removed from Megan’s Law in New Jersey provided that certain criteria are met. Applicants must file a Motion to be Removed from Megan’s Law in the state in which they are registered. To be eligible, a registrant must prove that they:
- Have not committed any crimes for 15 years from the latter of either the date of their last conviction or release from custody
- Are not likely to pose a threat to others
Who is Ineligible for Removal from the Registry?
However, there are certain offenders who are not eligible for removal. According to the New Jersey statute, those who were convicted of, adjudicated delinquent, or acquitted by reason of insanity for more than one sex offense, or for sexual assault or aggravated sexual assault, may not be removed from the Megan’s Law registry.
South Jersey Child Pornography Defense Lawyers at Aita Law, LLC Help Clients with Megan’s Law Concerns
If you are subject to the requirements of Megan’s Law and it has been 15 years since you have been convicted of a crime, you may be eligible for removal. Contact a South Jersey child pornography defense lawyer at Aita Law, LLC for a free case evaluation and assistance in filing your Motion to be Removed from Megan’s Law. Our experienced attorneys are dedicated to defending and protecting your rights. For a free consultation, please complete our online contact form or call us at 856-287-7800. Located in Haddonfield, New Jersey, we represent clients throughout South Jersey, including Cherry Hill and Camden County.