Unfortunately, some view “imprisonment” as arrested. Not saying they’re right. The real problem is the fingerprint report will show the arrest and criminal conduct (even if not convicted) can be a disqualifying condition under HSPD-12 standards. I would always answer that question as yes and explain in great detail in block 16 of the OF306. It’s unfortunate, because most in your shoes would answer the question the same way and half the time it would not be an issue. Working with HSPD-12 (T1 level investigations) daily is the only way I learned this could potentially be an issue.
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