OF-306 Question 9 confusion regarding expungement

SECURITY CLEARANCE Q&A
1

Hi all,

I’ve searched through the forums and have not found the exact answer to my question.

I’m applying for a position of public trust and need to fill out the OF-306 and the SF-85P.

I was arrested and charged with a misdemeanor just over 7 years ago. As a first time offender, I was placed into a program that included 12 months of supervised probation. Upon completion of the probation just over 6 years ago, the charge against me was dismissed. Later, all associated records were expunged.

Because of the timing, I can answer “no” to question 20 on the SF-85P because I have not been arrested, charged with, or convicted of any offenses within the past 7 years.

However, I am unsure of how to answer question 9 on the OF-306. I have in fact been on probation within the past 7 years. The form says to omit any “conviction” for which the record was expunged, but the form does not say to omit any “probation” for which the record was expunged.

Any help on how I should answer question 9 of the OF-306 would be very much appreciated. Thanks!

2

One misdemeanor offense 7 years ago is not an issue, so why split hairs? Probably 5 out 10 people who are in public trust positions have a misdemeanor on their record (think DUI or perhaps petty theft). If it was me I would disclose it instead of trying to split hairs. That shows shows honesty and that you have put it in the past, not to be repeated again.

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3

Thanks for the response Marko. Would you also disclose it on the SF-85P, for consistency, even though it is out of scope for question 20 on that form?

4

Yes, just to show honesty and consistency.

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5

Thanks for the help!

6

Pretty much the advice that I would have given. It’s going to show up when they run a check anyway. Disclose it and show that you are past it.

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7

Hi, I am in the same boat. If you don’t mind, can you please give us an update on your clearance status. Did you hear anything back?