Dave, huge difference between “legal” as in judges and attorneys…and a person being “legalistic.” I do see there is a precedent now to stand on and that will help in these specific cases but unique customers in the IC would likely reject this. I do feel the intense level of drug use was mitigated by time, separation from those he used with and proof of a new life. I disagree he was unable to understand the verbiage regarding expunged. I may look at it in far too simple terms but one would always be best served to speak to the issue instead of hope and pray the precedent would work in their favor. They have nothing to lose in speaking to issues the investigator may already be privy too. They have their clearance to lose along with a job and have an uphill battle if they tr to argue they did not have to report those arrests or use.
. The term “legalistic” as I used it is for the context of a person splitting hairs, arguing written word over spirit and intent. Or the infamous case “it depends on what the meaning of “is,” is.” Those are entirely different items. I would always defer to a legal opinion from a qualified attorney. Those fancying themselves as Facebook/barracks/dorm lawyers…not so much. I see people try to argue poly results and insist they merely youthfully experimented with MJ, at age 35, or their financial situations really aren’t technically a threat. It doesn’t fly. The case I had was an employee who could have, should have but chose not to speak to the arrest. It did not end well. He was deliberately not speaking to the situation and trying to stand on a technicality of not being fully processed or convicted. But he WAS arrested. Had he merely said yes and here was the outcome…it was not an issue. Dancing around the topic…didn’t work out.
@amberbunny - I get both sides of the argument. I just want to put out the prescedent regarding this topic, the guidance from DoD (falsifications are typically not intentional or material when it comes to failing to disclose an expunged arrest), and my belief that people who fail to disclose an expunged arrest are likely not attempting to deceive. As DoD guidance recognizes, along with precedent, it is often times reasonable when someone does not initially disclose an expunged record. Don’t take my word for it! Resort to the prescedent and .gov guidance I’ve posted. I’d gladly represent folks all day on this issue 
This is as good a discussion as it gets. Although I side with @dave019 on this one, I do get @amberbunny’s point here… Amber, that guy had a chance to come clean and he simply blew it. I am always in fan of over-report to a degree, especially in BI interviews.
However, I can understand that some questions are not as clear or straightforward. This is especially true when relying on professional’s directives. In my case, I put down a roommate on SF-86 because I was directed to do it by security professionals even though the form, in plain language, instructed me not to. The same can be said for this guy who relies on his attorney when answering the question in good faith.
Regardless, I hope the person will take the initiative by reporting this to security manager and document the disclosure. Maybe it is me, I have faith in adjudicators to get this right.
Dave does make a great point, and backs it up with precedent. I hope my comments aren’t viewed as argument. I don’t intend them in that way or a facebook I disagree manner at all. After reviewing the blogs on overturned revocations I too agree adjudicators mostly make the right call, and lean towards the applicant, as opposed to away. So I always tell those revoked to appeal. Much like the NFL rule of something substantially challenging a ruling on the field to invite overturning, balanced with the rule on what constitutes a catch…I would rather over report and be clear than risk accusation of under reporting, lack of candor, or needing to go through what this poor guy did to appeal. I am sure it caused a great deal of upheaval. Loss of revenue, etc. So in the end you could call him victorious on principle…did he really win? I am grateful to date those accepting my offer to assist in writing their appeal have clear cut cases of wrong doing they tried to hide. I need find the old link to the summaries of appeals to SOR’s. I enjoyed reading those. Very insightful to how much wiggle room a person has.