Removal From Sex Offender Registry: Part 1

by | Mar 31, 2017 | Blog, Criminal Law, Jail Time and Probation, Laws Protecting Children

Sex OffenderOn January February 7, 2017, the New Jersey Supreme Court issued a per curiam opinion In the Matter of Registrant A.D., J.B., and C.M. The Court adopted the opinion of the lower Appellate Court and held that the commission of any criminal offense, not just sex offenses, bars a defendant from being removed from the sex offender registry after fifteen years.

Under Megan’s Law’s registration requirements, a court may terminate a registrant’s obligations if, among other requirements, the registrant “has not committed an offense within 15 years following conviction or release whichever is later, and is not likely to pose a threat to the safety of others.” In this appeal concerning applications to terminate these sex offenders’ Registration Law obligations, the Court determines whether the term “offense,” as used in N.J.S.A. 2C:7-2(f), means “a crime, a disorderly persons offense or a petty disorderly persons offense unless a particular subsection in the code is intended to apply to less than all three”-the definition given in the general definitional subsection of the New Jersey Code of Criminal Justice (the Code), N.J.S.A. 2C:1-14(k)-or a “sex offense” as defined in the Registration Law.

A.D. was convicted of third-degree endangering the welfare of a child, which triggered the requirements of the Registration Law. In 2015, more than fifteen years after his conviction, A.D. filed an unopposed application to be relieved of the Registration Law’s obligations. At the time, neither the court nor counsel was aware that in 2005 A.D. had been convicted of violating a condition of his sentence by failing to notify his parole officer of his change of address. Three months after the court granted A.D.’s application, the State became aware of his 2005 conviction and moved for reconsideration. The court vacated its previous order, rejecting A.D.’s argument that his application should be granted because he had not committed a sex offense within fifteen years. A.D. appealed.

Excellent rating
Based on 288 reviews
Google star 1Google star 2Google star 3Google star 4Google star 5
Google star 1Google star 2Google star 3Google star 4Google star 5
Thank you very much for your information on DUI check points. It is a great asset to the community . 5 stars for sure!
James P
Google star 1Google star 2Google star 3Google star 4Google star 5
Not to long ago I ran into a very serious legal issue for the first time in my life, I'm closing in on 60. Needless to say I was unsure of the process. I was fortunate that a friend recommended Fred. Fred handled my case in a professional and courteous manner yet was very down to earth and straight forward. It took nearly 9 month to resolve and during that time Fred was always available to answer questions, explain the process and most of all alleviate my stress. I feel we got the best possible outcome and I would highly recommend Fred to anyone facing a legal/criminal matter
Manny P
Google star 1Google star 2Google star 3Google star 4Google star 5
Great that Fred posts DUI for Monmouth County!
David F
Google star 1Google star 2Google star 3Google star 4Google star 5
I recently utilized his exceptional services and would highly recommend them to anyone seeking legal advice.
Mark A
Google star 1Google star 2Google star 3Google star 4Google star 5
Mr. Fred Sisto is really an amazing attorney! Professional, knowledgeable, and effective. He made me feel comfortable in knowing he was working countless hours on my case to get me the best possible outcome. Mr. Sisto was very responsive and kept me updated with all court proceedings/updates. I am thankful to have had him represent me. I will be recommending Mr. Sisto & his firm to anyone in need. Thanks again ! Much Appreciated
Javier B
Google star 1Google star 2Google star 3Google star 4Google star 5
Called back within 10 minutes,very easy to talk to. Not judgmental at all. I am hopeful about the outcome.
Colleen H
Google star 1Google star 2Google star 3Google star 4Google star 5
Great!!! , got my case handled in the exact manner that I was told and would recommend to everyone else in need of legal representation .
Raumelis R
Google star 1Google star 2Google star 3Google star 4Google star 5
Mr. Sisto was not only a knowledgeable and excellent lawyer, he was compassionate and understanding during this difficult time. I found Mr. Sisto to always be available and he services were affordable and effective. You will not find a better lawyer.
Joseph S
Google star 1Google star 2Google star 3Google star 4Google star 5
Always up to date on with his services.
Anthony L
Google star 1Google star 2Google star 3Google star 4Google star 5
He is the best professional to have on your side taking care of your interests. Your in the best of hands.
Stuart C