Anaya Nolan
Megan's Law, named after seven-year-old Megan Kanka, who was sexually assaulted and murdered by a known sex offender, requires convicted sex offenders to register with their local police department or sheriff's station. While registration requirements vary by state, they typically involve providing personal information, such as a physical description, aliases, and home address. This information is often made available to the public through online registries, like the Megan's Law website in California. While removal from these registries is challenging, it may be possible under certain conditions, such as completing probation or a specified time since the conviction.
| Characteristics | Values |
|---|---|
| Law | Senate Bill 384, also known as Megan's Law |
| Named After | Megan Kanka, a seven-year-old girl who was sexually assaulted and murdered by a known child molester |
| Applicability | California |
| Registration Requirements | Lifetime, unless granted legal relief |
| Removal Criteria | Tier 1 and Tier 2 offenders can petition the court after 10 and 20 years, respectively. Tier 3 offenders can also petition the court after 20 years if their designation is based on a risk assessment and not their crimes. |
| Exclusion Application | Submit a Megan's Law exclusion form to the California Department of Justice (DOJ). |
| Eligibility | Offenders must not be designated as "sexually violent predators." |
| Other Requirements | Offenders must have completed their probation without incident and provide proof of a low to very low risk to re-offend. |
| Processing Time | DOJ processing time for exclusion applications can range from 30 to 90 days or longer. |
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What You'll Learn
California's Megan's Law
Under Megan's Law, those convicted of sex crimes in California are required to register with their local police department or sheriff's station. This registration is typically a lifetime requirement, and failure to comply can result in legal consequences. Additionally, many registrants must have their information, such as their name, home address, or zip code, posted on California's Megan's Law website for anyone to access. This public disclosure can be a source of embarrassment for those on the registry. It is important to note that it is illegal for convicted sex offenders to access the Megan's Law website or database, and doing so can result in misdemeanor charges.
Being listed on the Megan's Law website can have significant impacts on an individual's life. However, it is possible to seek removal from the website in certain circumstances. If an individual's case falls within the "Excludable" category, they can apply to the Attorney General's Office for removal. This typically involves submitting a Megan's Law exclusion form with all the legally required materials to the California Department of Justice. It is recommended to seek the assistance of an experienced criminal defense lawyer when navigating the removal process.
Senate Bill 384 (SB 384), which came into effect on January 1, 2021, allows for removal from the sex offender registry in some cases. Under this law, individuals who have completed a minimum registration period (10 years for Tier One offenders or 20 years for Tier Two offenders) can petition the court to be removed from the registry. Tier Three offenders, based on risk assessment and not their crimes, can also petition the court after 20 years. It is important to note that certain offenses, such as being designated a sexually violent predator, may disqualify an individual from removal.
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Removal eligibility
Megan's Law, named after seven-year-old Megan Kanka, who was sexually assaulted and murdered by a known sex offender, imposes lifetime registration requirements on offenders. However, it allows those on the registry to apply for removal under certain conditions.
- If your case falls within the \"Excludable\" category, and your information is on the California Megan's Law website, you will need to apply to the Attorney General's Office to have it removed.
- If your minimum sex offender registration period is not over, you can still ask that your information be removed from the website if you were convicted of Penal Code 243.4a, sexual battery by restraint.
- If you are a Tier One offender, you can petition the court to be removed from the registry after registering as a California sex offender for 10 years.
- If you are a Tier Two offender, you can petition the court to be removed from the registry after registering for 20 years.
- If you are a Tier Three offender, based on your risk assessment and not your crimes, you can also petition the court after 20 years.
- If your only registrable sex offense is a conviction of a registrable offense (Pen. Code, §§ 290–290.006) with proof of successful completion of probation or that you are currently on probation, you may apply for exclusion.
- If you were the victim's parent, stepparent, sibling, or grandparent, and your offense did not involve penetration or oral copulation, and you have proof that a recently conducted SARATSO (State Authorized Risk Assessment Tools for Sex Offenders) static, dynamic, or other violence risk assessment instrument has indicated you are average, below average, or very low for risk to reoffend, you may apply for exclusion.
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Application process
The process of removing one's name from the Megan's Law registry can be complex and time-consuming. It is important to note that not everyone is eligible for removal, and the specific steps may vary depending on the state and individual circumstances. Here is a general overview of the application process for removal from Megan's Law:
- Eligibility: Before initiating the application process, it is crucial to determine your eligibility for removal. In most states, certain criteria must be met, including having no convictions or offenses for a specified period, typically 15 years, since the date of conviction or release from incarceration. It is important to consult with a lawyer to understand the specific eligibility requirements in your state.
- Gathering Evidence: The key requirement for removal from Megan's Law is demonstrating that you do not pose a threat to the safety of others. This involves gathering evidence that supports your claim of rehabilitation and low risk of reoffending. Such evidence may include employment records, character references, community involvement, proof of counseling, and stable home life. It is also essential to provide a detailed psychological evaluation by a licensed professional to support your case.
- Hiring an Attorney: Engaging the services of an experienced attorney who specializes in Megan's Law removals is highly recommended. A knowledgeable lawyer can guide you through the complex legal process, help gather the necessary evidence, and represent you in court. They can also advise you on the specific requirements and increase your chances of a successful outcome.
- Filing the Motion: The motion for removal must be filed in the county where you reside and are registered as a sex offender. The motion should be submitted to the Assignment Judge or Chief Judge in that county. It is essential to provide clear and convincing evidence that you meet the eligibility criteria and have remained offense-free for the required period. All supporting documents, including the psychological evaluation, should accompany your motion.
- Court Hearing: After submitting your application, a removal hearing will be scheduled. During the hearing, the judge will consider the evidence presented and make a decision on your removal from the Megan's Law registry. It is important to note that the process of removing your name and personal information from the registry can take several months, and the judge's ruling may take up to 30 days after the hearing.
While the application process can be challenging, it is possible to successfully navigate it with the help of a qualified attorney and by providing compelling evidence of your rehabilitation and low risk of reoffending.
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Registration requirements
Megan's Law, named after seven-year-old Megan Kanka, who was sexually assaulted and murdered by a known sex offender in New Jersey, imposes lifetime registration requirements on offenders. However, it allows those on the registry to apply for removal if they haven't committed any crimes within 15 years following their "conviction or release from a correctional facility for any term of imprisonment imposed."
In California, if you are required to register as a sex offender, you must register with your local police department or sheriff's station once a year within five working days of your birthday. If you move, you must follow the registration laws of your new locality, including restrictions on where you can live. If you are transient, you must register every 30 days. If the court designates you as a sexually violent predator (SVP), you must register every 90 days.
If you attend college or an institute of higher education in California, you must register in person with the campus police department or, if there is no dedicated campus police department, with the relevant law enforcement agency. If you are solely enrolled in online courses with no requirement to be physically present on campus, you may register via mail using the DOJ Online Course Registration Form.
Removal from Megan's Law Website:
It is important to note that removal from the Megan's Law website does not terminate your registration requirement. To be removed from the website, you must submit an application to the Department of Justice (DOJ). The DOJ will determine if you qualify for exclusion based on official court documents. The application must contain all legally required materials or it will be rejected.
If your case falls within the "Excludable" category, you can apply for removal from the website if you have been convicted of specific crimes and can submit proof of a low or low-moderate SARATSO risk level. Additionally, you must provide proof of successful completion of probation or that you are currently on probation.
In some cases, a judge may choose not to require you to register as a sex offender, or you may be eligible to remove your name from the website even if you are still required to register.
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Legal assistance
If you are looking for legal assistance to be removed from Megan's Law, it is recommended that you contact a lawyer or an attorney who has experience in this area. For instance, Monmouth County Megan's Law lawyer Tara Breslow-Testa has been successful in getting her clients removed from Megan's Law in several counties throughout New Jersey. She can file a motion on your behalf before a Superior Court and argue for removal from the registry if certain criteria are met. These criteria include:
- Not having committed an offense within 15 years of conviction or release from a correctional facility (whichever is later).
- Not posing a threat to the safety of others. A doctor's evaluation is required by the Court to determine this.
If you are in California, you may be eligible for removal from the Megan's Law website even if you are still required to register as a sex offender. This means that the public cannot search for your information online. You can apply for exclusion from the website if you meet the requirements set forth in Penal Code section 290.46, subdivision (e). It is important to note that only some registered sex offenders are posted on the public Megan's Law website.
Additionally, under the 2020 law SB 145, California judges can choose not to require you to register as a sex offender if they determine that registration is not necessary for public safety. If you need legal advice, please contact an attorney or your local public defender's office, who can work with you to address the issue with the Department of Justice.
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Frequently asked questions
If your case falls within the "'Excludable' category, you will need to apply to the Attorney General's Office or the Department of Justice (DOJ) to have your name removed. You must submit all the legally required materials or your application will be rejected.
The requirements for removal vary depending on the state. In California, you must submit a Megan's Law exclusion form and meet the following criteria: your only registerable sex offense must be a conviction of a registrable offense with proof of successful completion of probation, and you must be the victim's parent, stepparent, sibling, or grandparent. Your offense must not have involved penetration or oral copulation, and you must provide proof of a low or very low risk to re-offend.
No, it is a misdemeanor for a convicted sex offender to access the Megan's Law website in any way.
