NJ: Supreme Court rules removal from registry is one strike and you are out!
The New Jersey Supreme Court ruled this week that the provision of their registration statute that allows those on the registry to apply for removal if they haven’t committed a crime within 15 years following conviction or release from a correctional facility for any term of imprisonment imposed is a one strike and you are out deal.
Two NJ registrants filed a lawsuit seeking their removal from the registry after remaining crime free for 15 years. Even though their crimes were in the 1990’s, they both had arrests in 2001 – one for a computer-related theft and one for failure to register as a sex offender, Since 15 years had passed since their 2001 theft and FTR, they sought removal, but the State argued that the Statute says if you commit a crime within 15 years of your sex offense you’ve blown your chance to ever get off the registry.
Sadly, their Supreme Court agreed. The opinion can be read here: https://www.njcourts.gov/attorneys/assets/opinions/supreme/a_73_74_18.pdf?c=bWo
Discover more from Florida Action Committee (FAC)
Subscribe to get the latest posts sent to your email.
Wait, so one of the guys could not get off because he forgot to register one time? i thought that the registry was not punitive. If it causes more punishment or fails to relieve you of punishment is that not punitive? I have to say i almost forgot this year until the second to the last day of the month. luckily for me it was not a weekend and i could still go down, but imagine if it was a weekend or holiday i would be in jail right now. they should treat it like marijuana convictions if they are going to keep the registry. The lower the amount of crime you are charged with the less you have to stay on the registry. I know some states do that but it should be federal. Give some of us some hope in the time of crime reform
I looked at adult women on the internet. Now I’m screwed. Not even a ftr.
I am in the same boat as the two in this case. Convicted in NJ for a sex crime. Level 1 so I could have petitioned to get off the registry in 15 years but I got a technical violation in 2008. That technical violation is considered a felony offense. I got 1 year probation from that (on top of the community supervision I was already on). I THOUGHT I could then apply in 2023. The NJ supreme court says nope.
THIS REALLY SUCKS BIG TIME.
Is this where the court case ends or can it possibly go to the US supreme court?
I have spoken to a very well known and knowledgeable attorney firm in NJ about this. While the 15 year clock does NOT reset (thanks to this case above) to be able to not register, the clock DOES reset to get relief from CSL/PSL. So, in 2 years (15 from 2008) I can petition to get off of CSL. Yay. I still will have to register but will no longer be on “as if on parole” supervision.
There is also a different case pending that will (again) fight this clock not resetting to get off registering.
WTF!? The Po-po can jam anyone up with some absurd FTR “infraction” because those statutes are so convoluted and incomprehensible! 😠
It’s just a state’s way of reassuring people never get off the registry. I mean, what does having committed another crime that isn’t a sex crime, have anything to do with the possibility of having a chance for removal? It doesn’t, they just want you to be good little boys and girls, and do exactly what they want to the letter.
This is proof that the Registry is extended probation/punishment. Ya gotta watch your p’s and q’s, dot your i’s and cross your t’s if you happen to be in the wrong place at the wrong time when a crime happens and you get arrested thats it for ya!.
You done violated your “probation” even though you accually finished probation 20 years ago. Soon it’ll be a traffic ticket will be the reason you can’t get off the registry for life. Im really sick of it too!!.
AND even if you make it to the time to go before a judge say 20 to 25 years with no additional charges, you pay the lawyer all that money and the judge can still say NO! It is not a guarantee and do not think you can appeal it if ruled against. Although the judge may say something like ” Come back and see me in about 5 more years and we can see what we can do”.
Game of cat and mouse.
As we all knew, they trap us in B.S no win situations to catch a charge and never be able to get off the registry. Since they (Big government) are aware of groups like F.A.C and lawyers trying to knock down the registries, they will try every trick in the book to not let that happen.
We are set up to fail from the get go. I am basically a prisoner in my parents house even though not on probation because I basically fear going anywhere there is contact with people.
At least New Jersey requires a conviction or so it would seem. In Florida, and the rest is all that it takes But seriously, those Jersey laws are weird. At least some people can get off the registry now. My recollection is before the only thing you could hope for would be to get off the website.