Can I Have My Sex Offender Record Expunged?
By Davis Law Firm | January 29, 2021
Many states require convicted sex offenders to register in the state. This allows the public to identify when someone with criminal sexual charges moves in near them. While a sex offender record can never be expunged, individuals do have the right to petition the court to remove them from the registry under very specific circumstances. Find out what this entails below:
Sex Offender Filing Requirements in New Jersey
The state of New Jersey tends to be strict when it comes to sex offender charges and the individual requirements for registering. Any person who is convicted of a sex crime must register. Failing to register is considered a fourth-degree crime and can lead to additional charges, as well as jail time.
Megan’s Law, a New Jersey law that notifies communities of a sex offender’s location, requires that violent offenders register for life.
Requirements for Removing Sex Offender Registry
While New Jersey law requires that all sex offenders subject to Megan’s Law register for life, the state does allow certain individuals to petition the court to remove them from the registry if they meet the following requirements:
- They do not pose a threat to the safety of others
- They only committed one offense
- They did not commit any additional offenses in the 15 years following the conviction or their release from jail
Demonstrating these things, including that the offender does not pose a threat, will often require building a case with expert witnesses. They will also need to provide evidence of a clean record.
If a previously convicted sex offender meets these requirements, they can begin the process by filing an application with the state. It is often a good idea to work with a criminal defense lawyer to ensure that you are available to apply and that you have all the necessary evidence for your case.
Factors That Make you Ineligible for Expungement
Some people are ineligible for expunging a sex charge. A few of these factors include the following:
- Offenders who were convicted of aggravated or sexual assault with coercion charges
- Offenders with kidnapping charges
- Offenders with legal charges that include endangering the welfare of a child
- Offenders with luring/enticing charges
- An attempt to commit any of these types of charges
Offenders with any of these listed charges cannot expunge their records and will remain on the list for life.
Talk With a Criminal Defense Lawyer Today
If you believe that you may meet the eligibility requirements to ask the court to remove you from the sex offender registry in New Jersey or if you have further questions about the process, we encourage you to talk with a criminal defense lawyer today. A lawyer can help you consider the details and options of your criminal conviction.
Some charges are not eligible for expungement. This also means that hiring a good criminal defense lawyer at the start of your case is important.
Contact an Experienced Lawrence Criminal Defense Lawyer About Your Sex Offender Charges in New Jersey
Were you arrested or charged with sexual charges in New Jersey? The consequences of a conviction could be severe, leaving you with a permanent criminal record and possibly even sending you to jail. That is why you need to speak with a qualified criminal defense attorney as soon as possible about your case. The attorneys at the Davis Law Firm, LLC have successfully represented clients charged with sex offender criminal charges in Trenton, Lawrence, East Windsor, Hopewell, and throughout New Jersey. Call 609-587-9100 or fill out the online contact form to schedule a consultation with a member of our legal team. We have an office conveniently located at 2653 Nottingham Way, Hamilton, NJ 08619.
The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.
Disorderly conduct consists of any improper behavior such as fighting, threats of violence, or creating a dangerous atmosphere.