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Proetta, Oliver & Fay was recently retained by an individual who had been subject to the harsh requirements of Parole Supervision for Life (PSL) and Megan’s Law (ML) for an incident that took place in the early 2000’s in Mercer County. Parole Supervision, Community Supervision and Megan’s Law Registry are special conditions imposed on individuals who are convicted of or who plead guilty to specific sex offenses in New Jersey. Our client was extremely eager to seek to petition the Court to be removed from both requirements pursuant to N.J.S.A. 2C:7-2f. Pursuant to N.J.S.A. 2C:7-2f, certain individuals may seek to petition the Court to be removed from either Parole Supervision and/or Megan’s Law Registering if they can meet the strict requirements. As anyone could imagine, being removed from either PSL or Megan’s Law Registering would be a significant benefit. It goes without saying that both of these requirements have a significant effect on how one could live their life.
When Can I be Removed from Parole Supervision in New Jersey?
In 2006 our client had plead guilty to Endangering the Welfare of a Child, in violation of N.J.S.A. 2C:24-4a for an incident that took place in Hamilton Township. As a result of his guilty plea, a Mercer County Superior Court Judge sentenced him to four years probation, Community Supervision for Life and Megan’s Law Registry. In about 2010 our client’s Community Supervision for Life (CLS) was converted to Parole Supervision for Life as CSL was abolished. As stated above, pursuant to N.J.S.A 2C:7-2(f) an individual subjected to Megan’s Law, Parole Supervision and Community Supervision can petition the Court to have those conditions removed if certain conditions can be meet. N.J.S.A 2C:7-2(f) lays out the conditions which must be met. It states in pertinent part,
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.
How Do I get off of Megan’s Law in Mercer County?
Therefore, an individual seeking to petition a Court to remove PSL or Megan’s Law will need to establish that they have been offense free for fifteen years and that they are not likely to pose a threat to the safety of others. Typically in order to convince the Court that the second requirement has been met, the individual will need to undergo an evaluation. In our case, since our client had remained offense free for fifteen years, his removal depended entirely upon us proving to the Court that our client was not likely to pose a threat to the safety of others. After having him evaluated, our office filed a formal motion with the Superior Court to have him removed. Shortly thereafter a hearing was conducted and we were able to convince the Court that our client had satisfied both prongs of N.J.S.A. 2C:7-2(f) and he was removed from the Megan’s Law Registry, his requirements to be on both Parole Supervision and Megan’s Law were vacated. This was obviously a tremendous result for our client. After fifteen years he was finally free of the stiff requirements of Megan’s Law and Parole Supervision.
Can I be Removed from Megan’s Law Registering in NJ?
As you can see from reading above, these types of cases are very fact sensitive. It is important to highlight here that not every individual will be eligible to be removed from either Megan’s Law or Parole Supervision. Pursuant to N.J.S.A. 2C:7-2(g), individual’s who are convicted of certain crimes will be prohibited from ever petitioning the court to be removed from their reporting requirements. As such, if you or a loved one is considering their options regarding being removed from Parole Supervision or Megan’s Law, we strongly urge that you consult with an attorney who is familiar with these types of cases. If you would like to schedule a free initial consultation with one of our attorneys, please feel free to contact us 609-789-0779. We serve all of Mercer County, including towns like Hightstown, Hamilton, East Windsor, Trenton, Princeton, West Windsor, Ewing and Robbinsville.