SF-86 Section 22 - Police Record

SECURITY CLEARANCE Q&A
1

I have a question regarding section 22.2 and reporting a misdemeanor drug charge (never arrested/processed, never convicted, but was issued a traffic citation by university police with a possession charge which was “stricken”) from when I was 18 in college (less than 7 years ago). I had formally received a “Secret” clearance in the past (at age 20 for an internship with the DoD), but I am having to resubmit an EQIP form again for a new job (to turn my secret clearance back “on” I guess?).

I don’t recall being asked these questions or having this section 22 when I did my first EQIP in April 2018 (can someone confirm if this section was even present at all in April 2018?–if so, then I definitely answered “no” to everything in the section the first time). I have the archived pdf of my first investigation and I don’t have any of these questions listed on there.

Section 22 starts off with this statement: “For this section report information regardless of whether the record in your case has been sealed, expunged, or otherwise stricken from the court record, or the charge was dismissed. You need not report convictions under the Federal Controlled Substances Act for which the court issued an expungement order under the authority of 21 U.S.C. 844 or 18 U.S.C. 3607. Be sure to include all incidents whether occurring in the U.S. or abroad.”

Under 18 U.S.C. 3607 subsection C, since I was under 21 at the time, I shouldn’t have to report… but, because this has to do with the FEDERAL Controlled Substances Act, I’m not sure I qualify, since I had to deal with a state court.

If I must answer yes and disclose what happened, would I have to answer the following questions (in section 23) on illegal drug use (given this was within the last 7 years)?

My main question is, do I truthfully have to answer this or should I leave it be like I have with my initial investigation/clearance?

Thank you.

2

The answer to this type of question is always, answer the questions asked. They aren’t there to trick you. Also, answer honestly. It’s far easier to deal with the problem that you are reporting than to deal with a charge of dishonesty.

So, what you are telling us is that you concealed this on your first go around. Yes, they asked the question.

It’s a little unclear . . . ". . . issued a traffic citation . . . with a possession charge . . . " I’m not sure what actually went on.

Yes, I believe that you need to report this. The status of the “campus police” can be called into question but it sounds like your campus had a legit police force. In some cases they not much more than glorified security guards.

3

Hi Ed,

Thanks for your response. I figured out my dilemma. I had only filled out an SF-85 in the past, which did not have the sections on police records. But, did have one question on illegal drug use over a (1) year period, not 7 years. I remember my clearance process was expedited when I was at that internship. I did not conceal anything the first go around given I wasn’t questioned on it.

I submitted my SF-86 last night and told the truth on sections 22/23.

Thank you!

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