I have been hired as a contractor working for DOS. I have recently filled out SF-85P and SF85P-S supplemental form for Moderate Risk Public trust. I do not know which tier investigation this will be. I was expecting OF-306 but it wasn’t there in the package. I have also submitted my finger prints FD-258.
I have an expunged misdemeanor charge back in 2010. I got it officially expunged by state which means charge would show as dismissed now. I did not disclose this as the question was only for past 7 years. Apart from that I do not have any other issues e.g. financial, alcohol/drug, employment. etc.
Can someone please shed some light on what to expect. Form my colleagues I know that first step would be interim and then final clearance.
Would I get a call from an investigator for details about the charge as I am assuming it would show up in fingerprints?
Do they call during interim clearance investigation or latter on?
What should I expect in the call, how much detail should I go into regarding the charge?
Do investigators pull the police report in this kind of clearance? Neither me nor my lawyer who presented me in 2010 has the police report now. I have tried obtaining it recently but I was told I need a subpoena or court order. I have also moved to another state. I am nervous about the details as I do not remember every single one now.
I have prepared a simple answer that shows I take responsibility of what happened and how I have mitigated in he last 9 years. would this be enough or do the investigator expect the full chain of events that led to the charge?
Should I contact a security clearance lawyer to help me in the interview?
A charge is different from a conviction, where does it say in any of your forms have you “EVER” been charged with a crime? Or does it ask about convictions?
SF-85P does not ask the EVER question. It only asks "In last 7 years have you been arrested for, charged with or convicted of any offenses? " This is the only question in the police record section in SF-85P.
The new supplemental form to the SF85P does indeed ask the EVER question. OPM is now trying to make it mandatory to ask federal and contractor applicants to list not only convictions, but also any charges. Anything and everything. There are two senators pushing back against OPM proposal. So even if your charged with littering, OPM is pushing this requirement. Ridiculous!
The OPM “proposal” was part of the 2012 background investigation changes. The additional questions were asked during Public Trust investigation by the investigation until last year. Now the additional questionnaire allows the T2 to be processed without the Subject interview unless certain information is reported/developed.
So anything that would help me in my situation. What should I expect in my interview. I am assuming they will contact me because of the expunged misdemeanor charge and related arrest. Your guidance will be very helpful. Thank you.