Monmouth County Criminal Defense Lawyer Blog
Sex Offenders who are living under the confines of Megan’s Law, can now make an application to the Superior Court to get off of Megan’s Law after a showing of 15 years of good behavior. When Megan’s Law was first enacted on October 31, 1994, there were provisions allowing some sex offenders to get out of the lifetime parole supervision and registration requirements if they have been in the community for 15 years without re-offending and can prove they no longer pose a threat to the community. Sixteen years have past since Megan’s Law was originally enacted and the opportunity has come for those sex offenders, who were convicted of non-serious sex offenses, to make an application to the Court to get off of Megan’s Law.
The motion to get off of Megan’s Law needs to be filed in the county that the offender was convicted of the sex offense. It is highly recommended that the petitioner meet with an experienced psychologist in order to prove rehabilitation as well as a lack of threat to the community. A New Jersey criminal defense attorney will then file a petition and rely on the doctor’s evaluation in order to make a showing of rehabilitation.
I believe that when the Legislator enacted this statute 16 years ago, the intent of the Legislator was to allow those less serious sex offenders who committed offenses when they were young to have the opportunity for a second chance if they led a law abiding life and no longer posed a threat to the community. If someone is truly rehabilitated this allows them to become a productive member of society after a long period time, and not have to suffer the embarrassment as well as the other obstacles that a sex offender faces under Megan’s Law.
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