Personnel Security/Additional Information

SF85P. Moderate Risk

I submitted eQip and fingerprint on 12/30 and done OF306 on 12/24.

I received an email today advising they can not initiate background investigation until I add incident date to OF306. They had conviction date, probation date. Do you think this will pose a problem? Once they initiate background check, I can get an EOD.

I would need some more information for a general assessment. What was the incident? When was it? Did you disclose that initially when you submitted your paperwork or did the USG uncover the conviction and probation date after you submitted your fingerprints?

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I initially disclosed it on my OF306. I just didn’t put the incident date. I put the conviction date and court location and probation and parole information.

2003 Conviction for felony assault. Violation 2002. I guess when they did my fingerprints 2002 came up but they saw I listed 2003 conviction and wanted to clarify.

Putting on my adjudicator hat, if I was reviewing the case it would be obvious looking at the FBI fingerprint report together with your disclosure on the OF-306 and see that you answered the question with the conviction date and no intent to withhold information. However, adding a date to information already on the OF-306 and initialing it is standard practice. I assume you were not incarcerated for a year or more for this offense, because if you were you would be ineligible for a clearance under the Bond Amendment.

I was incarcerated for more than a year. However, I should clairfy…This is for a moderate public trust. You think I should have issues?

Depends on your position (e.g., law enforcement, investigator) but you should be okay as long as no other more recent charges/convictions.

1st and only conviction ever. It’s for contract specialist with FDA. I received low risk public trust in 2012 as a contractor with VA. I also received my bachelor’s degree in 2013 and master degree last year. Just trying to make my case for rehabilitation. LOL

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Sounds like you will not have any issues.

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Thank you Marko! I hope I hear something next week since we have this possible hiring freeze coming up

I was curious about this so I did a little Googling:

On January 1, 2008, Public Law 110-181 (The Bond Amendment) repealed Title 10 U.S.C. 986 (Smith Amendment).

The Bond Amendment repealed 10 U.S.C. section 996 formerly known as the Smith Amendment, and places restrictions that are similar to the Smith Amendment, but which apply to all Federal Government Agencies. The Bond Amendment bars persons from holding a security clearance for access to SAPs, Restricted Data and SCI if they have been:

  • convicted of a crime and served more than one year of incarceration.
  • discharged from the Armed Forces under dishonorable conditions.
  • determined to be mentally incompetent by a court or administrative agency.

Fortunately I have not personally had to deal with this. But are these lifetime exclusions?

By the way my google searching turned up some older articles related to this topic on as well.

You are definitely doing the right things to show it was an anomaly.