Megan’s Law Offenses and Out-of-State Offenders
Posted by Scott Gorman - September 30, 2017

If you have been convicted of a sex offense and have to register under Megan’s Law in New Jersey, the rules for applying for release are extremely strict. If you were originally charged and convicted in New Jersey and you’ve moved to another state, the rules become even more complicated and could lead to an extended timeframe for processing.

Because the requirements for registering under Megan’s Law are so extensive, a person who registers could find it hard to get a job, maintain personal relationships, and even rent or buy homes in certain areas. If people are also unable to apply for release, these restrictions can have a drastic impact on their lives.

Who Can Apply for Release?

Megan’s Law and the Parole Supervision for Life statute both include provisions for a defendant to apply for release from the requirements. Defendants are able to apply if they meet the following criteria:

  • The defendant has not been convicted of another offense within 15 years of his or her original conviction, or since the end of his or her original jail sentence.
  • The defendant is not likely to pose a threat to the safety of other people.

If the defendant was required to register under Megan’s Law for more than one sexual offense, he or she is not eligible to apply for release or termination. The relief portion of the statute is designed in the event that the conditions imposed are no longer required of a defendant who has successfully served his or her time.

In New Jersey, a person who wants to be released from Megan’s Law registration and notification requirements, as well as from the “Parole Supervision for Life” designation, must file the application in the county in which he or she lives. If that person has moved out of New Jersey and no longer has a home county, the location for filing becomes problematic.

Some county prosecutors hold that an out-of-state resident who has moved can request to have the supervision requirement removed, but that the state of New Jersey may not have jurisdiction because of the out-of-state designation. Since each state has its own requirements for what offenses must be registered under Megan’s Law, as well as what notifications and restrictions are included, persons who seek to have their registration removed may be violating the state laws for their home state, while acting within the laws of New Jersey.

Work With a New Jersey Attorney

If you are registered under Megan’s Law requirements in New Jersey or any other state, and you have met the requirements to apply for release from the statute’s strict requirements, you should get in touch with an experienced attorney in New Jersey. Scott Gorman, a New Jersey domestic violence lawyer, can help you navigate county requirements and handle the application process for your potential removal from Megan’s Law registration. For more information, contact Scott at The Gorman Law Firm today.

 




Published in Categories: Domestic Violence