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
Have been very happy to share checkpoint info with friends so they can be safe and sober drivers. Thanks for a great community effort
Ron T
Google star 1Google star 2Google star 3Google star 4Google star 5
Deserved 5 star review. I got all my charges dismissed.
Mraz09222
Google star 1Google star 2Google star 3Google star 4Google star 5
2 👍🏻👍🏻 up
Cc
Google star 1Google star 2Google star 3Google star 4Google star 5
I got my life back together because of this man he is quick,strategic,and will get you threw almost any criminal matter.When things are looking rough legal wise he will fight for you…FRED SISTO THE WAY TO GO!!!
Byron P
Google star 1Google star 2Google star 3Google star 4Google star 5
Fred is an outstanding lawyer. As a fellow attorney, I've relied on his expertise in several cases, and have referred clients to him with excellent results.
Wyman
Google star 1Google star 2Google star 3Google star 4Google star 5
Great site Fred. keep up the good work at informing the public of these unlawful check points.
Mark H
Google star 1Google star 2Google star 3Google star 4Google star 5
Fred is a very competent attorney. He is knowledgeable, thorough, effective and possesses outstanding interpersonal skills. He provided excellent representation in my case and obtained a favorable outcome.
Michael G
Google star 1Google star 2Google star 3Google star 4Google star 5
I called Mr. Sisto a few weeks back and he returned the call immediately! I asked a few questions and he clearly explained the options for one of my employees. He then followed up with a detailed proposal. He was completely knowledgeable, helpful and insightful. If I ever had to use him I would feel VERY comfortable with his representation.
Dave P
Google star 1Google star 2Google star 3Google star 4Google star 5
mr. fred sisto esq. was very professional, answered all questions i had, & made my husband & i feel more at ease about our criminal case.
Meridith T
Google star 1Google star 2Google star 3Google star 4Google star 5
Thank you Fred for all your hard work and communication through my case. I got into a situation and very fortunate to have had Fred help me resolve it. He gave me great options and advice on how he would handle the situation and the steps we needed to follow. Highly satisfied with my experience and would highly recommend. Thank you Anthony Zappulla
Anthony Z