OF 306 Pre-Appointment Denial Letter, DHS

I am a subcontractor to TSA with a five-year positive work history. With a new IDIQ this summer, TSA/DHS is now vetting subcontractors. I received a denial letter today. For the question on the OF 306 about if there was ever a “conviction, imprisonment, probation or parole”, the letter received ignored the “during the last 7 years” part for the question, instead reaching back 9 years — and that fact for the two cases within the 7 years, one case was dropped, and another expunged.
The letter allows ten CALENDAR days to respond. That may too few days to prepare a response. I fear I will lose my role, and that this will embarrass the company I support that is directly contracted to TSA. Thanks in advance for any information and/or suggestions about what to do.

This is a little different spin… on the SF-86, the guidance is to list the initial charges, even if they were later dropped… the focus is on any record of arrest. But in this case, the OF-306 appears to be asking about the conviction, not the initial charges.

For the case that was dropped, it would seem you are OK, so maybe they are concerned about the one that was ‘expunged’ and I assume that was a conviction. I don’t know what you can do except provide the details of the expungement (if that is a word) like the date, the court, any associated document numbers, and hope for the best. And make sure you address all points listed in the denial letter, don’t leave any of them un-refuted.

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Did you list the issues? Remember, it is XX years from the final disposal date, not the initial encounter.

Dropped and expunged does NOT mean the record/arrest won’t show up when a record is pulled.

Thanks, Thor. This just arrived from DHS today. I will do that in the response as I put it together over the weekend.

Thank you very much for your support and words of advice. I’ll add an update after I know more post-response.

A disappointing but not unexpected ending… The “extension” granted never mentioned for how long… and the task of gathering all the information and writing an appeal case was too daunting for a grandmother on the back end of her career. So after a five-year role, I let the clock run out; my last day was 9/3. With my own LLC and 40 years of tech writing and instructional design experience, it’s back to freelance work with non-government clients until sunsetting out of the work world. Thanks to those who read or posted replies, and best wishes to those still working on your cases. —L

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