Re: What Does an ACD mean?

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On 1/13/09, Andrew wrote:
> On 11/09/08, cityboy wrote:
>> On 2/10/06, M'sta Mikey wrote:
>>> On 2/09/06, worried sis wrote:
>>>> So when the question is "have you ever been arrested and if yes
>>>> explain"
>>>>
>>>> What should he put?
>>>> "yes was aressed but case was dismissed"
>>>>
>>>> or something else?
>>>>
>>>> Thanks!
>>>
>>> Yes. If they search the records, nothing should come up
>> regarding
>>> this charge.
>>
>>
>> The wording on that question is off. Generally they'll ask if
>> you've ever plead guilty to a crime. Or the felony question.
>> Either way, if it's going to be off of his record in 6 months,
>> then he won't need to say "yes" to the question.
>
> This has me wondering something. Does an ACD "exist" in one's
> records? Is it completely expunged after a time? If yes, then if
> someone is pursuing a government security clearance and had an ACD
> in the past 10 years, would they be required to divulge this? If
> someone has a clearance despite this, can it be expunged from their
> personnel / security record?

If the question is "have you ever been arrested" and the question is
asked on a bar application or for a security clearance you must answer
YES if you have ever been arrested even if the arrest did not lead to a
trial.

The question need not be answered on a regular employment application
but for other things like a bar application an arrest may be considered
along with other character criteria. Yes it sounds unfair but it can
be asked and must be answered truthfully or your false answer will
become a very big issue. Although conviction records may be expunged,
police arrest records never disappear. A bar committee or a security
clearance agency can always get arrest records.