Pre-test questions

[jnotsure]

During a pre-test

I was giving a briefing about the poly and was told if there is anything to get off your chest prior to be hook up to the poly, you should tell the examiner.

Should you come clean?

There is a question on the SF86 if you been arrested for in the last 7 years for something stricken from the records. Should I get it off my chest anyway?

I didn't lie on my application, but it could be close.  

Is it part of the application process or will it just cause me to fail anyway or try some countermeasures?

[George W. Maschke]

I think that applicants for security clearances have an ethical obligation to be truthful in their applications. The question on Standard Form 86 to which you refer is:

(23) YOUR POLICE RECORD

For this item, report information regardless of whether the record in your case has been "sealed" or otherwise stricken from the court record. The single exception to this requirement is for certain 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.

(a) Have you ever been charged with or convicted of any felony offense? (Include those under Uniform Code of Military Justice)

(b) Have you ever been charged with or convicted of a firearms or explosives offense?

(c) Are there currently any charges pending against you for any criminal offense?

(d) Have you ever been charged with or convicted of any offense(s) related to alcohol or drugs?

(e) In the last 7 years, have you been subject to court martial or other disciplinary proceedings under the Uniform Code of Military Justice? (Include non-judicial, Captain's mast, etc.)

(f) In the last 7 years, have you been arrested for, charged with, or convicted of any offense(s) not listed in response to a, b, c, d, or e above? (Leave out traffic fines of less than $150 unless the violation was alcohol or drug related.)

You are better positioned than anyone reading this message board to decide whether or not the matter that concerns you is responsive to the above questions.

If it's not, then I think it would be unwise for you to bring it up. It's not going to "help you pass the polygraph," and there is a risk that the polygrapher will blow it out of all proportion. Understand that polygraph "testing" is a pseudoscientific sham. To learn about the process, and how to protect yourself against the risk of a false positive outcome, see Chapters 3 & 4 of The Lie Behind the Lie Detector.

[jnotsure]

I guess I'm not sure

Question 24 Your Police Record-Alcohol/Drug Office

This is my second investigation.

I have no police record.  I was in a car accident years ago.   The officer thought maybe I had been under the influence of alcohol.  I had me walk the line and all, despite the fact I walk it straight, he admitted wasn't good enough for him.  So, he didn't have a field test, so he took me to lab to be tested.

I had a court date in traffic court, but because the person's car I hit didn't appear, I never had to go before the judge for anything. So, everything was dismissed because the person didn't appear.

Do this mean it was stricken from record or sponged?

Do this mean I was charged?  I was told if you don't go before the judge, you are not charge.

26.  In the last 7 years, have you been arrested for, etc (it more or less 16 years ago)

Since, I miss it on my last application, is it OK to report this to your investigator, even if he already pulled you police record.  

Don't arrest records appear on your records regardless?

I wonder if I will get in trouble for missing it the first time.

[George W. Maschke]

For purposes of Standard Form 86 (with a single exception that doesn't seem to apply in your case), it doesn't matter whether a matter was stricken from the court record or expunged.

I note that the questions you cited do not match the Standard Form 86 (revised September 1995) that I obtained from the U.S. General Services Administration website. It is to this form that I make reference below.

Was the charge that brought you to court a felony offense? If so, then your answer to (23)(a) ("Have you ever been charged with or convicted of any felony offense?") would have to be "yes."

Were you charged with driving while under the influence of alcohol? If so, then your answer to (23)(d) ("Have you ever been charged with or convicted of any offense(s) related to alcohol or drugs?") would have to be "yes."

In any event, given the circumstances you've described, I think it is unlikely that this incident would result in your being denied a security clearance.