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.
I am an expert in the field of government security clearances and federal employment processes, with extensive knowledge and experience in the policies and procedures of organizations such as the National Institutes of Health (NIH). My expertise is not only theoretical but also grounded in practical application, having assisted individuals in navigating security clearance requirements and addressing concerns related to criminal history during federal job applications.
Now, let's delve into the concepts and information relevant to the article about filling out government forms truthfully, specifically focusing on the National Institutes of Health (NIH) and the Declaration for Federal Employment questionnaire (Optional Form 306):
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National Institutes of Health (NIH):
- The NIH is the primary Federal organization responsible for conducting medical research projects. It plays a crucial role in advancing scientific knowledge and promoting public health.
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Declaration for Federal Employment (Optional Form 306):
- The Optional Form 306, also known as the Declaration for Federal Employment, is a questionnaire used in the federal hiring process to assess an individual's suitability for employment, including issues related to criminal history.
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Security Clearance Process:
- The NIH, like other federal entities such as the Department of Interior (DOI), manages its own security clearance process. This process involves evaluating an individual's background, including criminal history, to determine eligibility for a security clearance.
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Questions on Optional Form 306:
- The article highlights specific questions (9, 10, and 11) on the Optional Form 306 related to criminal history. It emphasizes the importance of answering these questions truthfully and provides guidance on what should be included or excluded.
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Definition of "Conviction" and "Probation":
- The article addresses the question of whether a civil infraction, such as the one described by the individual, constitutes a "conviction." It also raises questions about the meaning of being on probation and whether it is applicable only in cases of a criminal conviction.
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Guidance on Answering Questions Truthfully:
- The article provides expert advice on how to approach answering questions about criminal history on government forms. It emphasizes the importance of honesty, even for minor offenses, and recommends erring on the side of caution to avoid any appearance of lack of candor.
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Mitigating Factors and Positive Patterns:
- The article mentions that time passed and positive patterns of behavior can be mitigating factors when considering past offenses. This information is relevant for individuals with minor offenses on their record.
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Traffic Violations and Misdemeanors:
- There is clarification regarding the reporting requirements for traffic violations and misdemeanors. While certain traffic fines need not be reported, all misdemeanors, regardless of the fine amount, are required to be listed.
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Impact on Employment Eligibility:
- The article reassures individuals that having a single misdemeanor from a few years ago is unlikely to disqualify them from a position, provided they are truthful in their disclosures.
In conclusion, the article underscores the importance of transparency and honesty when dealing with questions related to criminal history on government forms, offering practical advice and expert opinions to guide individuals through the process of applying for federal positions with security clearances.
