Hi guys,
Tried doing a bunch of searches and just wanted to get your opinion. I recently started a new position where I’m being put on projects that require a public trust designation. I have a felony where I was charged with statute 2c:35-5A(1) Mnuf/Distr CDS or Intent to Manuf/Distr CDS. I was in possession of marijuana. I was arrested in 2011 which is outside of the 7 year window for the of306 but I was on probation which started in 2012 and ended in 2013. My 2 year probation was ended in about 1 year for successfully completing the drug program, community service, testing and through a recommendation of my probation officer. Since the arrest occurred I graduated college with honors and have been working other than a gap where I changed career field and spent time studying. I wanted your opinion on if you think I will receive my public trust designation. I haven’t told my co-workers about my past so this has been stressing me out. I should have gotten my record expunged but haven’t gotten around to completing the process.
Thanks for your help
The distribution/manufacture charge is an issue, simple possession not so much. It will depend on the circumstances of the arrest and charge. Was the charge based on the amount in your possession or were you actually guilty of the crime charged? You don’t have to tell us but you know yourself.
Expungement really doesn’t make much difference in this context. You are still required to self-report and they look at the circumstances of the arrest and what was really happening, not at the charge or the plea.
We were arrested with a number of other charges and we accepted this single charge as part of a plea agreement. I believe it was based on the amount but don’t remember exactly. The reason i mention expungement is because the OF306 states we can omit any conviction for which the record was expunged.
Do you think my chances are slim considering the arrest is now 8 years old and I completed drug counseling? I’ve kept clean and havent had anything negative happen since then. Only thing I’ve had happen is a parking ticket since.
A manufacturing charge is substantial so even if it was pled down as Ed and others say, it must be reported as charged. You can always explain the plea agreement. Based on the actual facts of the case and your charges, eight years may or may not mitigate it. A bit wish-washy I know, but unfortunately that’s how it rolls. Good luck
Isn’t the question regarding felonies and “ever charged” question on all the forms?
For the purpose of OF306, you do not need to list that information if the records were expunged under federal law or state law or one of those circumstances are met.
As for your chance… I think you will have a better chance to go further in the process if the records were expunged. Nonetheless, you still might have a chance… it doesn’t hurt to go through the process and see. It is hard to give an answer with public trust positions as suitability determination varies with agencies, but I like your chance based on the information provided.
@BlueEyez, what do you mean by “all the forms”? I presume you referred to public trust/national security questionnaire forms… To my knowledge, SF-86 is probably the only form that asks this question under section 22.
With the 85p plus branching and supplemental questionnaire I believe I had to answer the question have you ever been charged with a felony. The answer is no but I think that was how it was worded on the branching and supplement.
Thanks for the info, I contacted a few lawyers about getting the expungement process going but it won’t really help in my current situation. I’ll be filing a SF-85 later by the way.
I just hope with it being over 8 years since the arrest and having completed the court mandated drug counseling/community service, earning a degree and staying out of trouble will be strong mitigating factors for me. Just nervous because I know I’ll have to have an awkward conversation with my supervisor soon since my team is waiting on me to get approval for a couple different projects.
I only filled out the of306 form so far. The question I’m referring to asks in the last 7 years have you been convicted, been imprisoned, on probatoin or parole. There is another question which asks are you currently under any charge for any violation of the law. I assumed that’s any ongoing cases. I haven’t had anything happen since that incident.