Hello all, I was looking for the best way to format disclosing prior arrest that occured 17-18 years ago; which the charges were dismissed and then expunged. I know its always good to over report things; however, I am not sure on where to place this. I am applying for a Federal Secret Clearance, which I held a DoD Secret in the past, which is now inactive due to being separated from service. I know question 22 reference the requirements of section 22 of the SF-86 below:
- In the past seven (7) years have you been issued a summons, citation, or ticket to appear in court in a criminal proceeding
against you? (Do not check if all the citations involved traffic infractions where the fine was less than $300 and did not include
alcohol or drugs)
- In the past seven (7) years have you been arrested by any police officer, sheriff, marshal or any other type of law enforcement
- In the past seven (7) years have you been charged, convicted, or sentenced of a crime in any court? (Include all qualifying
charges convictions or sentences in any Federal, state, local, military, or non-U.S. court, even if previously listed on this form).
- In the past seven (7) years have you been or are you currently on probation or parole?
- Are you currently on trial or awaiting a trial on criminal charges?
- Have you EVER been convicted in any court of the United States of a crime, sentenced to imprisonment for a term exceeding 1 year for
that crime, and incarcerated as a result of that sentence for not less than 1 year? (Include all qualifying convictions in Federal, state,
local, or military court, even if previously listed on this form)
- Have you EVER been charged with any felony offense? (Include those under the Uniform Code of Military Justice and non-military/
civilian felony offenses)
- Have you EVER been convicted of an offense involving domestic violence or a crime of violence (such as battery or assault) against your
child, dependent, cohabitant, spouse, former spouse, or someone with whom you share a child in common?
- Have you EVER been charged with an offense involving firearms or explosives?
- Have you EVER been charged with an offense involving alcohol or drugs?
This is a no to all questions, as well as convictions. While in my early 20s in the military; I was in a horrible quick army marriage in which my ex was heavily addicted to hard narcotics and had assaulted me numerous times, in which I would defend myself and restrain her from throwing punches at me. She had me charged on 2 occasions for domestic violence incidents before I finally recieved my divorce from her, which I filed These incidents occured approximately 17-18 years ago (03-04). These charges were dismissed and later expunged from the courts; which I have paperwork. I have worked in LE for the last decade and these incidents occured while I held my Secret. I was able to maintain my clearance and have been an exemplary LEO. This is the only time I have had police contact other than a few traffic tickets from when I was in my late teens/early 20’s. I have been through all of the disclosure for Clearance and my LE jobs and have discussed it for hours on end with investigators; which the charges do not even show up on my FBI rap sheet/Triple I just the FBI number, which indicates police contact/charges.
Like I said, according to question 22, this is well out of the scope of the investigation as it has been more than double the time of the scope and I was not convicted nor have I been arrested, charged or convicted of anything else in my lifetime; just this nightmare isolated incident from making a poor choice while young. However, I know that you must disclose everything even if outside of the range. Since this does not fall into the timeline of question 22 and I can technically answer “no,” where is the best location to place this disclosure? Just answer yes to question 22, or place it into additional comments? Sorry for the long question, however, I don’t want to screw this up. I’ve been through so many clearance and BG investigations for Mil and LE work and understand that they will scrutinize everything; so even being outside of the scope/range of the timeline; I don’t want to get accused of “hiding” anything.