Arrest for SF85

I was investigated for a violation of Article 120 of the UCMJ back in 2013 for alleged sexual assault. No charges were filed and no administrative or punitive action was taken against me. I want to be as open and honest as I can be on my hiring paperwork. The OF306 doesn’t ask about arrests but I’m worried that the nature of the arrest since it’s considered a violent crime, will prevent me from getting hired. The position is for a park ranger with the Army Corps of Engineers. Should I check “no” in the box that asks if I have ever been convicted of a crime in the past 7 years and explain the arrest in block 16 of the form? Should I wait to see if they ask about it later in the background investigation process? Can this disqualify me from consideration even with excellent employment references? My CJIS report reads “CHARGE-UCMJ ART 120 - RAPE/SEXUAL ASSAULT
08/12/2013 NO CHARGES FILED NO ADMINISTRATIVE/JUDICIAL ACTION TAKEN”.

If you have not been convicted of a crime in the past 7 years, you should check “no.” OPM Optional Form 306 includes no question pertaining to any arrest history. Volunteering information not asked for will not help you. It can only hurt you.

I have to agree, answer the questions asked on the form and if interviewed and/or its brought up, answer it as truthfully as possible.

Sounds like it was a long time ago and that helps

the of306 clearly reads, Have you ever been CONVICTED of a crime, not charged.

Thank you all for your input. The background investigation was really stressing me out.

Hmmm. While I agree all of us can be charged and/or investigated for anything and everything…and if there is no indication of guilt, or not enough evidence to prove we did something…technically nothing happened. Having been military, having worked investigations, I know we interviewed suspects continually, completed a signed rights advisement, etc. If nothing can be developed or there is no evidence to develop…no action can move forward other than a he said/she said situation. Or she-she, he-he. I would say the important documents to show nothing resulted are your fitness reports in that era and following. If you were performing superbly and had superb fitness reports, before, during and following this accusation…this record supports your claim that nothing happened. Even if innocent, the military periodically would take non judicial action or administrative action regarding the charges. In my estimation it was a manner to charge a person in a manner that was not easily challenged. Some times this was done for political expediency. Commanders did not want to appear insensitive to accusations. Not claiming this truly indicates guilt or innocence, it merely is what is was. Do you have these evaluations during this time? I close with, again, any of us can be accused and investigated. If they had no means of proving we were there or that we did it…the charges cannot move forward. My current self would advise my young self to get something in writing stating I was not getting charged. But I cannot go back in time. So your evals are the best way to prove no action taken

also, all Tier 2 and 4 Public Trust investigations require the supplemental questionnaire to be completed, which does ask about being charged, arrested, etc, in the last 7 years.

You will visit with an investigator if you have not submitted the supplemental form with the SF85.

The OF 306 does not initiate the supplemental questionnaire.

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