Lets say that one was arrested for a minor misdemeanor and when court came, the charge was dismissed.  Should one reveal this incident on a poly or background??  An attorney says not to because once dismissed, there is no record and it is like it never happened.  What should this person do??

The fingerprints cards were returned to me and the reports wree destroyed.  Under state statute, "if one was arrested and charge was dismissed or found not guilty and has no other convictions, he can swear under oath he has never been arrested."  WHat do you think now.  THat's what the state statute reads.

Oh yeah, I have it on hand.  I just want to be sure because I dont want to come across as a lair to any of these so called Polygraphists or police departments that use them.  thanks

dave, 
so then your saying if this guy imploys I am being deceptive then admit to this incident?  Then he will find out and I might be labeled as being deceptive to the department I want to work for.  Also, if you are a police officer and apply to a different PD, does the new PD get a copy of your poly you took for the Pd you work for currently or any other PDs you have worked for?  Is that part of the background invest. even if they are years old?  I know that they cannot release the pscyh because that's medical I was told.  Thanks

Perhaps you're right George... In my reply, I was relying too heavily on the polygrapher understanding and respecting the statute, rather than his or her jumping at the opportunity to twist said admission (which appears, on the surface anyway, to be a minor admission since in the eyes of the law 'it never happened') into a full-blown DI result-- with or without the chart to back it up.

Forget my earlier advice. Don't bring up the old arrest.

Dave

Quote:


My bet is that the statute says you can say you were never arrested.  I am familiar with such a statute (not through personal experience) in the state of Colorado.  In any event, Ray is correct that you should read the statute carefully.

Yankeedog,

Amen to you brother, at least somone got it right.  Beech Trees almost had it until his daddy corrected him.  Man did he do a quick turn around.

Anyway, "22", just get it out on the table.  If what you say is in fact true, you were arrested and the charge was in fact dismissed, then simply report that.  Do not make up some line of BS about how the arresting officer was "in error" (good one Beech Trees), do not rely on some small writing in the law that may or may not permit you to withhold this; and for sure do not rely on the pseudo legal advice you get from some on this site.  Bottom line is, it is obviously bothering you, so just lay it out there.  Then there is no way it can come back at you, unless you only lay a protion of it out.

Yankeedog made the right call, follow his advice.  Honesty will win out, regardless of what the proponents of this site advise.

Batman

"22",

You did all that in a matter of 4 days from seeking your initial advice on this site, and one of those days being a Sunday?  Interesting.  You also went from a simple dismissed "minor" misdemeanor to now having an alleged "victim", a witness of some sort (the third party), and a cop that had it out for you.  I'm starting to smell a rat here.

Watcha think Beech?

Batman