When filling out OF-306 for a fedral job, I answered NO to Qn#9 below. I think that is the correct thing to do given my case I detailed below but the security clearance guy came back and said that I should have answered YES and provided details after Background check showed an arrest.
- During the last 7 years, have you been convicted, been imprisoned, been on probation, or been on parole? (Includes felonies, firearms or explosives violations, misdemeanors, and all other offenses.) If “YES,” use item 16 to provide the date, explanation of the violation, place of occurrence, and the name and address of the police department or court involved.
It also states to answer NO for the following cases:
For questions 9,10, and 11, your answers should include convictions resulting from a plea of nolo contendere (no contest), but omit (1) traffic fines of $300 or less, (2) any violation of law committed before your 16th birthday, (3) any violation of law committed before your 18th birthday if
finally decided in juvenile court or under a Youth Offender law, (4) any conviction set aside under the Federal Youth Corrections Act or similar state law, and (5) any conviction for which the record was expunged under Federal or state law.
I have been arrested once but the DA rejected the case outright. I have not been charged with any crime, nor did i go to court. The laws of California allow for the arrest to be automatically downgraded to detention and all records be erased. I got a detention certificate that will prove that and also have the case rejection letter from the DA.
Given this I did not think at all that I should have answered YES to it because the question asks for convictions only, and infact specifically says to list only convictions and not arrests that didn’t lead to anything. Techinically i wasn’t even arrested (but detained) and never charged with anything. Why am I being asked to answer to the question as YES and provide details when the form says otherwise. I am puzzled by this but I did fill out the second form as YES and gave them the “detention certificate” and “case rejection letter”. However, when I was asked to fill out the second OF-306, it was kind of suggested that I was not truthful – which is not the case as far as I understand. I have thought about answering Qn9 before deciding in the first place, and when I realized that the paper specifically says to not list arrests (only convictions) I decided to answer NO.
If somebody can clarify this to me, it would help me to have peace of mind.