Removal from Megan’s Law List

In New Jersey, Megan’s Law was added to the books on October 31, 1994, and is a list maintained by the Division of State Police making available over the Internet sex offender information for persons convicted, adjudicated delinquent or found not guilty by reason of insanity for a sex crime who are required to register under Megan’s Law.

This list is updated and kept current, and available to anyone in the public who want information about neighbors, social contacts or possible employees.

While Megan’s Law is not a comprehensive or complete listing of every sex offender in New Jersey, this is not a list you want to find your name on as it can come with all kinds of discomforts and dislocations, from school to jobs to finding a home and where you can live.

Inclusion on the Megan’s Law list is a careful and precise process, designed to protect the public. Citizens required to register for Megan’s Law are assessed for whether they present a low, moderate or high risk of becoming a repeat offender - based on a variety of variables: nature of the sex offenses, the history of their offenses and their response to counseling and treatment. After a hearing, offenders are given (some say branded) with a final classification order.

Removal from Megan’s Law can be done, but it is a process overwatched with great caution by the state of New Jersey. If you or a loved one are on the Megan’s Law list and would like to be removed, contact Monmouth County sex crimes lawyer Tara Breslow-Testa. Tara Breslow-Testa has many years of experience negotiating the labyrinth of requirements and laws that place citizens on Megan’s Law - but can also remove them.

New Jersey law mandates a mandatory 15-year inclusion on Megan’s Law. After that time, removal is possible if certain conditions are met. These criteria are detailed under New Jersey statutes N.J.S.A. 2C:7-2(f).

To make a long statute short, any person placed on Megan’s Law can make application to the Superior Court of New Jersey is the person can prove they have not committed an offense within 15 after the conviction or release from a correctional facility.

The person requesting removal from Megan’s Laws must prove they are not a danger to the safety of others.

The motion to be removed from Megan’s Law must be filed in the county where the person applying for the motion resides and where they are registered as a sex offender under Megan’s Law.

The motion is filed to the Assignment Judge/Chief Judge in the county where the person on Megan’s Law is registered.

The Motion must show and prove, very clearly and explicitly:

The person filing the motion has not committed any offenses in 15 years.

The person was not convicted of another offense which would bar their registration for removal.

Along with the motion, New Jersey requires a detailed psychological evaluation by a licensed psychologist.

A motion to be removed from Megan’s Law is very serious business. Megan’s Law was designed to protect the public and to be removed you have to prove to the court that you are no threat to the public.

Monmouth County Megan’s Law attorney Tara Breslow-Testa understands the gravity of being placed on Megan’s Law, and also being removed from that list.

For a free consultation, contact Tara Breslow-Testa at (732) 784-2880.