Question on disclosure of expunged record


#1

I am an Army officer I am about to start the investigation process for a TS/SCI. I looking for some advice to ensure I don't "lie on my application", don't disclose anything unnecessary, and don't jeaopardize getting the clearance.

I was arrested for a prostitution charge. the arrest took place over 7 years ago. I received PBJ so there is no conviction, and the record has since been expunged.

I know Section 22 says to report info regardless of if it is sealed or expunged, however:

-section 22.1 (Have any of the following happened) - answer is NO as these all relate to "in the past seven (7) years"

-section 22.2 (the have you EVER) questions:
the answer to these is still NO... never convicted of a crime, never charged with a felony (my offense was a misdemeanor), and it didn't involve domestic violence, firearms, explosives, alcohol or drugs.

so there does not seem to be a place to disclose this information. I do not want to not disclose this and make it appear im hiding something. I also don't know if it will even be found - as I have received the expungement order (has been expunged for more than 3 years).

I guess I am looking for some advice on:
-how I should proceed?
-will it be found?
-and if it is disclosed by me, what is your oppinion on whether I will still be able to get the TS/SCI?

Thank you in advance for your help!


#2

You are correct in that there is no question that requires you to disclose it if it happened outside of the 7 year timeframe. However, it is not a given that the charge won't show up on any criminal history checks. Additionally, for SCI there are additional forms that have to be completed on which it will have to be disclosed, so my advice to you would be to go ahead and disclose it on the SF86 even though it is out of scope so that it will be apparent that you are forthright and honest about it and it cannot be used to influence you in any way.