OF306 DUI Dismissed question

Hi I had a DUI dismissed with prejudice about 6 years ago. Am I required to mention it on my OF306 form? If i omit this information are they going to think im being dishonest, because the form is asking for convictions. Also is having a ignition interlock device installed on my vehicle considered being put on probation ? Is it going to hurt my chances of getting a clearance if I dont mention the DUI?

If that is the only issue then no, it will not affect getting cleared. The OF306 is only used for federal civil servants by HR for sceening. You would still have to disclose it on any SF form used for a background investigation since they ask about arrests, not just convictions. It also sounds like you made a plea deal if you had to have an ignition device, so I would disclose it on all forms just to be transparent.

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Looks like I should of disclosed it because my fingerprints came back unfavorable. They said my arrest prevented me from getting a temp pass.

The answer should have been Yes. The question asks if you have been convicted, imprisoned, on probation, …. (You can google of306) while you had the ignition device you were on probation (not all probation includes community supervision) and you received deferred adjudication during the probation period.

Im getting a mixed bag of answers. Some say I didn’t need to state it because it wasn’t considered porbation. Plus it wasn’t a conviction. The day I went to get my records expunged, the lady there said it wasn’t considered probation either, so I don’t know what to believe.

As Marko and HR2C stated, it needs to be listed. As someone who formally worked in review / integrity it needs listed…no matter how much you try to justify reasons for not listing it.

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I’m telling you my professional opinion as a background investigator with a masters degree in Criminal Justice who interviews Subjects for a living and ensures all documents, including OF306s are filled out completely and accurately and writes complex reports to federal agencies for security adjudication purposes. Now you can choose to believe me or not, that is your choice.

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Ok I believe you. Im going to try again next year. I got my records expunged. I should still list the arrest on my OF306 regardless right ? The only time i wouldnt list is if its passed the 7 year’s correct?

The OF306 only requires 7 years, you should list the offense even if expunged if within the coverage dates. When you fill out the SF86 it will need to be listed even if passed the seven year mark because alcohol related offenses are “ever” questions.

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The next time I apply I’m going to list it regardless if its passed 7 years or not. Do you think it would be ok to reapply the following year? because the same people will be interviewing me for the position. This was my 3rd interview, but this one hurts because they hand selected me for the position so they would be wondering why I didn’t get the final job offer.

The DUI 100% has to be listed. The question is have you EVER been CHARGED with and offense involving alcohol or drugs. It doesn’t matter if it was dismissed or what the final plea agreement was. The directions also specifically state to list the charges even if things have been expunged. Not listing it is a flag for dishonestly, which is usually worse than the charge itself.

You are referring to the wording on the SF86. The OF306 says “During the last 7 years have you been convicted, been imprisoned, been on probation, or been on parole?” In the instructions for that section it does say to list even if expunged.

Yeah I was reading through the thread fast and somehow pieced you mentioning the SF86 In general with this person trying to justify not listing the incident. You are correct.

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