First off, I’ve gone through the forum and could not find an answer to my question, so please forgive me if I have somehow overlooked it. I recently accepted a tentative offer from an agency requiring an SF-85p BI, and have submitted an OF-306 as part of the hiring process. In section 9 of the OF-306, “During the last 7 years have you been convicted, been imprisoned, been on probation, or been on parole?” My answer was “yes,” as I was arrested for leaving the scene of an accident in Missouri in 2009, charged with misdemeanor leaving the scene of an accident in 2010, plead guilty 2011 and received a two year suspended imposition of sentence (probation by MO statutes), which was completed in 2013 with charges dropped and sealed at the state level with no conviction.
However, in the event I clear the initial suitability screening, the SF-85P section 20 states, “In the last 7 years have you been arrested for, charged with, or convicted of any offenses?” Technically, my answer is no, as I have not been arrested for, charged with, or convicted of any offenses in the past 7 years. So, since the investigator will obviously have access to my OF-306, is “no” the appropriate answer, or should I answer “yes” and detail the events?
I’m just trying to be as upfront and truthful as possible, as don’t want to do anything that may jeopardize my chances of getting this job, and want to accurately complete the required forms. Other than the arrest documented above, I have a spotless record and a positive credit history. Any guidance is greatly appreciated.
If the leaving the scene of the accident charge is your only criminal incident, the correct answer on your OF-306 and SF-85p should have been “NO”. If that is your only issue you will be just fine.
I disagree, he was on probation for a misdemeanor arrest/charge. It was dismissed only after completion of the probation terms. It should be listed, it will not, however, be an issue in and of itself.
My mistake, I misread your post due to the format you posted in (parts of your narrative are cut off my screen). I had only seen that you were charged in 2009 (2009-2018=9) putting the charge outside the scope of the question; however, if you were on probation until 2013, @Marko is correct.
Thank you both for answers, I suppose I will list the my arrest on the SF85 when time the comes since it will come up anyways. Better to be honest about it rather than appear as though I am trying to hide something.
Apologies for the format, I’ve corrected my post.
If I have a felony drug convictions from 2012 (8 years ago) was released from prison in 2014, but since my release I have been on the President’s List at a junior college, earned my Associates Degree and attended a University and have been on the President’s List there as well and only have 3 classes to complete my Bachelor’s Degree will this progress help on my SF85P even though I’m almost off of parole and have accomplished a lot since my charge a little over 8 years ago? Thank you
Yes, these are all very positive mitigating factors that will work in your favor.
If you marked Yes on the Optional Form and then explained it on the form then what matters is consistency in your response. Consistency of Yes, consistency of No. Either way, what they are looking for is your transparency into a situation. If you said yes and explained it, always say yes and explain it. Be as transparent about things as possible - ALWAYS - and you will save yourself a lot of trouble. If the investigators sees that you are being transparent it makes his/her job easier. An inconsistent answer will look like you are trying to conceal something, even if you aren’t. Just be transparent, consistent, and always be ready to provide proof so that you make things easier all the way around.
Just wondering what happened with your clearance and how much time it took. I have exact same charge from Missouri and mine was 23 years ago. My clearance coming up soon !!!