The job that I am applying for will require public trust security clearance. For the intent of this question let’s say I have to fill sf-85P. (moderate)
8 years back I was convicted of misdemeanor. I was fined and given a two year probation. Later I got an expungement and my conviction was dismissed.
Questions:
1-I would like to ask the members of this forum that from their experience what are the chances that I would be able to pass the security clearance.
2-"in past 7 years, have you been arrested for, charged with, or convicted of any offense(s)"
Is it ok to answer NO to this question because the conviction happened 7 years and 11 months ago?
Or should I disclose the expunged misdemeanor with an explanation. I am not sure if this would ‘open the door’ for follow-up, to a question that was never asked.
3- In form OF-306 “Declaration for Federal Employment” under Background information it says following:
For questions 9 your answers should include convictions resulting from plea of nolo contendere but omit any conviction for which the record was EXPUNGED under federal and state law.
9) During last 7 years have you been convicted, been imprisoned, been on probation or been on parole?
My probation ended 6 years back, so technically I was on probation in past 7 years. However as I stated before my conviction was expunged by the state after completing probation. Should I answer NO to question 9 as the instructions say, omit charges that were expunged?
Under so circumstance do I want to trick the system.
I would really appreciate any advice.
Just for clarification, public trust investigation is not security clearance investigation.
As for your particular situation, I think the questions are straightforward so is your situation. You aren’t tricking the system by answering it honestly and accordingly. So, answer the questions as asked nothing more nothing less.
Hey Oldman40-I help answer your questions a little too late since I just participated at this forum today. I want to share you with my experience as well as my reading and understanding knowledge in comprehensive way.
- you should have to answer NO to the question 2. Don’t give any chance to the investigator, who may ask a lot of follow up questions if you and YES. I do not need to tell you more because you read the question you understand the question and you have to answer the truth the question. They asked 7 years, you counted more than 7 years you are an idiot ok.
- Question 9 in OF 306 asked you again only 7 years, if you have to answer NO. Do not go further than that. Check the NO box you go to the next question. Don’t count the probation year that dragged to make back to 6 years. Again, just say No. The investigator has no info to dig it out if you answered NO legally. You are not a liar or tell a lie. In stead your answer is true legally. A trick is if you committed the crime 10 years or 20 years ago but you answered Yes while the question asked you only 7 years the investigator still wants to dig it out to the bottom of it. He will write up and reports it that may cause you more brain works for it. FYI and whoever read this, SF-85P or SF-86P questions are almost the same or I think the SF-85P is an old version of SF-86. I don’t think they use SF-85P any more, instead SF-86 or SF-85. SF-85 is a lower risk clearance that is nothing to worry about even you are a bad guy. But OF 306 always goes with SF-85 which asked about criminal history. If you are good in criminal background you are good to go for sure, otherwise you have to explain. FYI, criminal history excluded a child sexual harassment that is hard to get away if it is still in 7 years. I am talking about in 7 years. The key here is if you answer No with true No, the investigator never asks you anything in that question because he doesn’t know anything. BTW, I think the investigator submits your case for background check but it is a general check. They don’t see everything you had in your FBI folder system unless you tell them. BTW, I think every single person lives in US or a lot of people live outside US the FBI computers store the personal profile. When you told them YES meaning you help them to dig it out and hurt your case I mean if it is more than 7 years.
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That’s dumb. And bad advice.
OP, read the questions literally, answer literally. The instructions are clear.
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Tell people what you know, not what you rude
Thanks for the detailed response. I just saw this. Here is what happened with my clearence. As the charge was expunged, I did answer No to both questions after speaking to a lawyer. I had no issues with my clearnace process. The investigator never asked about the charge till the end of a 2 hour interview. I did however disclose it at the very end of the interview in a very briefly and concise manner also provided her the expungement letter.
Except, the clock stops with all court required actions are completed, to include any probation. You would need to report the incident.
An expungement letter does nothing but show that you did not report information that you were required to report. Unfortunately, there are few clearance lawyers around. Most lawyers do not know the administrative laws involved in the federal clearance process.
Fessing up before being confronted is a mitigating factor though.
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