Seeking clarity regarding proper response to OF-306 requested information -
Background: College student seeking Federal internship - received citation for underage drinking/public intoxication - issued 2 years ago - age 18 - not taken into custody, not given breathalyzer - just name taken - and handed back to campus security - ‘Citation’ arrives in mail. Entered into “Youth Diversionary Program” & court accepted plea of “Not Guilty” - program included - 30 hrs community service - 8 hours class - never saw a courtroom - never saw a judge - completed activities - paid program fee - received notification that the matter is concluded & all charges have been dismissed.
So - the form OF-306 states -
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
AND ALL IMPORTANT QUESTION #9 -
During the last 10 years, have you been convicted - [NO]
been imprisoned - [NO]
been on probation - [NO]
or been on parole - [NO] ?
(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.
I have seen comments on filling out these forms that encourage “error on the side of over-disclosure” - but I cannot see a rationale for basically disregarding the document’s specificinstructions and inserting a reference in ‘item 16’ to this matter - - it is substantially outside of the scope of what is being requested.
It seems like if one was speaking with an interviewer on this topic - the interviewer would say - stop - that is not information that we have requested nor can we use.
Would greatly appreciate thoughts & comments