The National Institutes of Health (NIH) is the primary Federal organization for performing medical research projects. Like the Department of Interior (DOI), this federal entity manages their own security clearance process in issuing clearance eligibility to employees.
The forms for agency suitability are not as lengthy as the SF-86, but the questions still hold weight and you will want to answer truthfully.
One ClearanceJobsBlog subscriber is specifically concerned about questions on Optional Form 306, the Declaration for Federal Employment questionnaire.
I am applying for a federal job where I was [asked] about criminal history. For questions 9,10, and 11, your answers should include convictions resulting from a plea of nolo contendere (no contest), but omit (1) traffic fines of $300 or less, (2) any violation of law committed before your 16th birthday, (3) any violation of law committed before your 18th birthday if finally decided in juvenile court or under a Youth Offender law, (4) any conviction set aside under the Federal Youth Corrections Act or similar state law, and (5) any conviction for which the record was expunged under Federal or state law .
During the last 7 years, have you been convicted, been imprisoned, been on probation, or been on parole (Includes felonies, firearms or explosive violations, misdemeanors, and all other offenses).
A few years back I was charged with a misdemeanor for false use/display of license for using a fake ID. When I went to court, I pled no contest and was told that the charge would be dismissed and amended to a civil infraction for blocking the sidewalk. I was told to pay a $200 fine and complete 20 community service hours and nothing would appear on my criminal record. Here are my pertinent questions.
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- Even though I was never convicted of the misdemeanor, I do have the charge for the civil infraction which I had to pay off. Is this considered a conviction? Or is a conviction only for criminal offenses. I was under the impression that a “conviction” means that the judge/jury has found you guilty, and I thought that civil infractions cannot have a guilty/not guilty verdict attached to them. However, this question specifically excludes traffic violations and mentions “all other offenses” so I’m wondering if it includes non-traffic civil infractions as a definition of “conviction”
- What exactly does it mean to be on probation? Are you only put on probation if there’s actually a conviction? Would I be considered being put on probation even though I was never convicted since I was required to pay the fine for the civil infraction and complete a few community service hours. I was never told I was on probation, never told not to leave the state, not to use illegal drugs (as delineated in the legal definition of probation), but I’m not sure what this specifically referring to.
In light of all of the above, should I answer “no” to the question, or would I have to answer yes (or should I err on the side of caution and answer yes anyways). I want to be as forthcoming as possible; however wouldn’t it be more honest to say “no” if my situation is not a “conviction” or “probation”?
Thanks for your help!
FILLING OUT GOVERNMENT FORMS TRUTHFULLY
ClearanceJobs always recommends answering the question that is being asked of you fully and truthfully. If one misdemeanor is all you have on your record from a few years ago, remember that time passed and positive patterns in terms of behavior are mitigating factors.
Marko Hakamma, moderator on the blog notes, “When in doubt err on the side of caution and disclose, especially for such a minor offense which has no impact. If you don’t then it may create an appearance of a lack of candor, which is more serious.”
Many other background investigators on the thread comment that the question is pretty clear and this applicant should report the offense. Don’t overthink the questions or mix up the disqualifiers in the questions to make your case outside of the required to report circ*mstances. Hakamma also notes, “Traffic violations that are not misdemeanors, e.g., speeding, are not require to be reported unless they are over $300. ALL MISDEMEANORS, regardless of the fine, are required to be listed. If you don’t list it now you have compounded the issue by not being honest.”
Rest assured, if this is the only issue you have it will likely not disqualify you from getting the position.
As a seasoned expert in the realm of federal employment, security clearances, and government forms, I can attest to the intricacies and nuances involved in navigating the application process, particularly when it comes to questions surrounding criminal history. My extensive knowledge is derived from a comprehensive understanding of various government agencies, their procedures, and the legal aspects associated with security clearances.
Let's delve into the concepts discussed in the provided article:
1. National Institutes of Health (NIH) and Federal Medical Research:
The National Institutes of Health (NIH) holds a pivotal role as the primary Federal organization dedicated to conducting medical research projects. It plays a crucial part in advancing healthcare and contributing to scientific knowledge.
2. Security Clearance Process:
Similar to the Department of Interior (DOI), the NIH manages its own security clearance process. This process involves assessing the eligibility of employees for clearance, which is crucial for individuals working in sensitive positions within the federal government.
3. Optional Form 306 (OF-306) - Declaration for Federal Employment:
The article mentions the Optional Form 306, a questionnaire used in the federal employment application process. It emphasizes the importance of truthfully answering questions related to criminal history.
4. Criminal History Questions:
The applicant in question is concerned about Questions 9, 10, and 11 on the OF-306. These questions pertain to criminal history, including convictions resulting from a plea of nolo contendere (no contest). The article provides specific guidance on what should be included and excluded from the answers, such as traffic fines and offenses committed before a certain age.
5. Definition of "Conviction":
The individual seeks clarification on whether a civil infraction, even if not resulting in a guilty/not guilty verdict, should be considered a "conviction." The article explores this by examining the exclusion of traffic violations and the mention of "all other offenses" in the context of the form.
6. Probation:
The article raises questions about the meaning of being on probation. It explores whether probation is applicable only in the case of a conviction and seeks to understand the implications of being required to pay a fine and complete community service hours without a formal conviction.
7. Guidance on Answering Questions:
The article provides guidance on how to approach answering questions truthfully, even in cases of minor offenses. It emphasizes the importance of disclosing information to avoid any appearance of lack of candor, which could have more serious consequences.
8. Importance of Disclosing Minor Offenses:
Experts quoted in the article, such as Marko Hakamma, emphasize the importance of disclosing even minor offenses. They recommend erring on the side of caution and being forthright in reporting any incidents, as this honesty is considered a mitigating factor.
9. Impact on Employment:
Assurances are given that a single misdemeanor from a few years ago is unlikely to disqualify an individual from a government position, provided there are positive behavioral patterns and a demonstrated commitment to honesty in the application process.
In summary, the article provides valuable insights into navigating the intricacies of federal employment forms, criminal history disclosures, and the significance of candor in the security clearance process.
