I was offered a Federal position that requires a TS/SCI clearance. I haven’t received a SF-86 to start my security clearance, and I am filling the OF 306.
I will appreciate some clarity on how to address the Background Information section.
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 .
Q# 9. 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.
Here is my back story:
I was arrest and charged with a felony of assault and a misdemeanor of resisting arrest in 2016. I was convicted for both charges in 2018. I was in custody at a county jail for a couple of months and in probation for about 2 years. I went to rehab at the VA, and in 2021, my convictions were expunged and records were sealed.
- OF 306 - Q9 specifically states to omit any convictions for which record was expunged under federal and state law. Is it okay to answer “NO” for Q9?
- I will eventually file a SF-86, and disclose truthfully about my arrest and conviction. Will saying “no” in OF 306 and saying “yes” in SF-86 be contradictory of each other?
Thank you in advance.