New Jersey’s sex offender registration system requires sex offenders to register with law enforcement for the rest of their lives. However, the sex offender registry laws allow sex offenders to appeal their classification or registration obligations under specific circumstances.
Who Is Required to Register as a Sex Offender in New Jersey?
In New Jersey, any person convicted of an enumerated sex offense since the effective date of Megan’s Law or incarcerated on the law’s effective date must register as a sex offender. Furthermore, courts, relying on expert evaluations, may impose sex offender registration requirements on any offender deemed repetitive and compulsive, regardless of the date of their last conviction. Juveniles who engage in conduct that would constitute a sex offense if committed by an adult must also register as sex offenders. Finally, sex offenders with registration requirements in other states must register in New Jersey within 10 days of moving to the state or if they attend school or work in New Jersey.
Grounds for Appealing Sex Offender Registration
Individuals with registration obligations can appeal their NJ sex offender tiers, reducing their registration and notification obligations. Tier 1 offenders have the least onerous registration requirements, whereas Tier 3 offenders have the most strict requirements, including community notification. A sex offender may challenge their tier designation by arguing:
- The court erroneously calculated their Registrant Risk Assessment Score
- The case falls outside the “typical” Megan’s Law case
- The registrant has excessive registration or community notification requirements, given the unique circumstances of their case
Sex offenders may appeal their registration obligation if they have committed only one offense, have not committed another offense for at least 15 years, and demonstrate to the court that they no longer pose a threat to public safety. Juvenile sex offenders can appeal their registration obligations if they committed their offense before they turned 14 once they reach the age of 18.
The Appeal Process in Freehold, NJ
A sex offender has a limited window to appeal their tier classification. Offenders have 14 days after the determination of their classification to file a notice of appeal with the Superior Court. The notice of appeal must identify the grounds on which the offender wishes to challenge their tier classification. The Superior Court will schedule oral arguments for the parties to contest the offender’s tier classification.
Appealing a registration obligation requires an offender to petition the trial court to terminate their obligation. An offender must prove to the court that they meet the requirements for termination, including having no subsequent criminal offenses for at least 15 years and no longer posing a risk to public safety. In many cases, offenders must present expert testimony indicating that the offender no longer poses a threat to re-offend.
Contact Our NJ Criminal Defense Lawyers to Learn More
Are you interested in appealing a requirement to register as a sex offender? If so, talk to an experienced criminal defense attorney to learn more about your options. Contact Keith Oliver Criminal Law today for a confidential consultation to discuss how to appeal sex offender registry classifications or obligations.
