Question 11 on OF306


My firm has been acquired for some work by a federal client and I’ve been the sent OF306 and some other internal forms to complete onboarding. My record is completely clear until about a week ago when I was driving from NYC to VA and stopped at a New Jersey rest stop. I was smoking a cigarette and my roommate was smoking a joint. Undercover state troopers confronted us and arrested us both. Some of my roommate’s paraphernalia and less than a gram of marijuana was found in my car so I was cited for a misdemeanor disorderly persons offense and let go after processing. I am extremely concerned about this and am trying to figure out if this will bar me from getting cleared to work and if I’d be in turn fired from my job. Any insight is greatly appreciated.

P.S. Marko, I saw your credentials and am submitting this hoping you will provide some guidance. Please advise.

Thank you!

You did not indicate what level (if any) of clearance would be needed for the work. An OF-306 is used to screen for all types of background investigations. As far as the offense, it is a minor misdemeanor offense and with no previous history, would not be a major issue. However, it would be incumbent upon on you to provide all the information explaining the circumstances along with a sworn statement that you have not an do not intend to use illegal drugs,

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This is supposed to be for a public trust level 5 position. I definitely have no intention of using any drugs at all. How would I go about the explanation in the document? Should I just list the charge and wait for a follow up for additional information (it is asking to provide date, explanation of violation, place of occurence, and name and address of the police dept/court involved)? Also, would my firm know about this being on my record?

Hi Marko,

I’ve replied to the guidance you left on my question. Can you please review
and let me know your thoughts? I know you must be very busy so everything
is much appreciated.


If I were you here is what I would do: List the facts asked for on the question on the OF-306. Then, write up a signed narrative as to the circumstances of the incident and get a copy of the police report to corroborate your story. That you you are out in front of it, your employer will be aware of it, and the minor pending charge that would not result in jail time even if found guilty should not disqualify you from employment. However, it may delay it while your story is checked out.

Thank you, Marko. I will follow this guidance and submit the documents you suggested along with the OF 306. In a time of great concern you’ve given me a little hope.


Marko is spot on (as usual). Always over report vice under report. I make sure I explain to the younger new hires that drugs in their car…will need defended as if it is their stash. So make clear to those riding and if you hang with users…do not drive them to a buy, make sure they leave nothing behind. You are free to associate with whom you like but the risks are higher for you. Once cleared you need change how you live your life.