Was arrested for public intoxication and indecent exposure back in late 2005 . Accepted an ACD in Queens and was told the whole situation would be wiped from my record in a year or so as long as I stayed out of trouble . To my surprise , it was brought up by the public defender when she was gathering information before I went to see the judge after my arrest . From what I've read around the web , the prosecution can open the CAD if they want . Can this be used against me in my upcoming case ?