that this type of a crime cant be sealed,but with it in my past I know it will always be here. My worries are that if I am pulled over by the police and a background check is ran this infraction will arise.How should the officer approach me at this time? Should he even bring it up in conversation? Can he smart mouth me and belittle me about my past? And if he does is there any thing that I can do or even just say at the moment to shut him down?I want to be as polite as possible,but they always seem to have the upper hand? Also I had been convicted of another crime,it was associated with the sex offense, a failure to register,but had been ruled unconstitutional and the indictment dismissed.The record of this was sealed by the Judge,does this still show up when the police run my name?
Criminal Defense Attorney
It is likely that your conviction will show up on you LEADS report, which can be accessed by any officer in Ohio. And yes, officers do usually glance at this report when running your license during a traffic stop. Any record that is sealed should not show up on the LEADS report.
Much of your questions is abstract and based on the "what if?" of a situation that is unlikely to result in any criminal charges. I understand your apprehension at the way you may be treated based on something that happened over 15 years ago, but no one here will know exactly what the average officer will do in your hypothetical situation. And every officer is different so who knows what one will do given your circumstances.
The reality is that what an officer does and what an officer is allowed to do are two different things. When you encounter law enforcement you should handle them the same no matter what your past or curent situation is. Be polite, give then your information (DL, proof of insurance, registration), and ask to answer any questions with your attorney present. Unless there is reasonable suspicion to detain you further, they can only either write you a ticket or let you go. What you shouldn't do is argue with the officer, refuse to show required information, or anything else that may make the situation worse.
Criminal Defense Attorney
The conviction will most likely show up on a LEADS report that an Officer will see if he pulls you over. He can ask you about it and some will where others will not. There is not a good way to shut them down without making them mad. The best way to take the power away from a bully is to stay calm answer the questions calmly and they will eventually back down. If you become combative and argue with them it will only make things worse. I agree with Attorney Mayo that it is inappropriate and unprofessional for them to belittle you but believe arguing will get you in more trouble than rolling with the punches. Good luck.
Attorney Chris Beck
Beck Law Office, L.L.C.
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