OF 306 Disclosure

Hi, so I am a contractor employee with DoD who just got a tentative offer for a civilian job in the same contracting division. I previously had a NACI done and submitted an OF 306 when I took the original contractor position. So my concern is that last May, 2020, I was arrested for a DUI, I pled not guilty, and the case was dismissed. Although I absolutely plan on disclosing this arrest on my new clearance forms, I am concerned that I should have disclosed it on the OF 306, despite it not explicitly requesting arrest records. Does anyone have experience with something like this? Should I contact HR to update the form? Is that arrest going to be disqualifying for my clearance?

Thank you!

Just wanted to bump to get a reply, thanks!

I don’t see an issue with contacting HR about it , just to CYA. If you planned on disclosing all of the info on the security questionnaire, it wouldn’t hurt to put it on the 306. You can call HR and explain the situation and they will likely refrain from offering you any advice but ask if you want it back, you can select no to the questions but put a brief explanation in the box for sake of full transparency.

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I think I should probably give them a shout then. Do you think this kind of issue would be disqualifying?

The OF-306 asks for convictions, so if the charge was dismissed without any conditions like pre-trial diversion it is not required to be listed. Doesn’t hurt to list it and explain charges were dismissed, but either way not disqualifying.

Thank you for your response. I will definitely list it. While there were no court imposed conditions, as it was dismissed without any kind of pre-trial, I did voluntarily take alcohol classes as a result of the arrest. I haven’t filled out my SF86 yet, but I did get my fingerprinting done, so I guess now I just wait to hear.

I will never understand answering more than being asked. If the question on one form is convictions, and you were not convicted, the answer is No. If another form asks about arrests, the answer is yes. Pretty simple in my opinion. If you are asked why you answered no on the form that only asked about convictions and yes on the form that asked about arrests, you answer the question by explaining that the questions were not the same so your answer was not the same. When you provide more information than you have been asked to provide, you slow the process down because now the additionally provided information must be investigated.

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