SF-86 Police Activity Question outside of 7 year scope

SECURITY CLEARANCE Q&A
1

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
    official?
  • 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.

2

This sounds like you will be responding to an EVER question for domestic violence. I believe that will be in the police record section 22.

Expungement doesn’t matter. Rarely will records involving expungement actually be gone forever- if you were fingerprinted the charges/convictions will be found and included with your investigation.

List the info in brief format within the drop down notes area of this form for this section.

There are extra questions related to domestic violence that are part of the triggered interview.

3

The ever question is if you have been convicted. I dont believe there are any Ever questions of you have been charged. It’s either have you been charged or arrested in the last 7 years or have you Ever been Convicted.

  • Conviction in any U.S. court of a crime, for which the sentence exceeded 1 year and the individual was incarcerated for more than 1 year;
  • A felony charge;
  • A domestic violence conviction;
  • A charge involving alcohol, drugs, firearms, or explosives.

Jan 28, 2018
Neither of those apply to me. So where is the best place to disclose this. I know even though expunged it shows up. On a III which is the FBI rap sheet it shows nothing but there is an FBI number which if that is looked at will show the charges.

4

If either of the DV charges were felony charges, even though not convicted, they would go under 22 g.

If not, then put in a brief comment.

5

Ok thank you. Not felony charges, so no section 22 as I understand. Yes I’m going to disclose it it’s just I feel stupid putting into a section where it doesn’t apply. How should it be listed in brief comment? Same format as the section 22 format? Or just a brief detail of the incident. Thank you again.

This makes me wonder why they even put the scope on the form/investigation at 7 years or 10 for TS as when something happens to someone way outside of the scope, it will still be looked at and investigated and when someone reads the instructions as they are and fill the form thinking this does not apply, they get hammered as trying to “hide” something when the instructions don’t cover that. I don’t make the rules but I dont understand why they just dont put have you ever been arrested, detained, or charged for anything. That way it wouldn’t cause as much confusion.

6

If you follow the instructions, you don’t get hammered.

It’s people who fail to list things. It’s people who justify their issues as not important or think the charges were dropped.

2 Likes
7

You can put the comment in the DV question comment section. Be brief, state charged with DV on dates by xxx police department. Both charges dismissed by xxx court. No need to go into details of the incident, you can do that in your interview.

If these charges were disclosed and discussed in prior clearance investigations (which sounds like they were) be sure to mention that to the Investigator in your interview.

8

Thank you sir that’s exactly what I was looking for. Will do. Hopefully I did not come out as negative on my last post. Like I repeat, I am going to disclose as I know if they research and FBI number that will come up. Nor was I attempting to justify, downplay, or anything of that nature. I’m relating the fact of an incident I didn’t really do from a long time ago but ended up charged. It is what it is and there is really nothing I can do about it. Of course, I’ve disclosed it before on the SF86 when it was relevant within the scope time frame per the instructions. Now that it falls out of that range of time and does not apply to the EVER questions. I was seeking the best way to include this into the form. Thank you for your response and advice. I greatly appreciate it!

9

No problem and good luck.