QUESTION
Do I have to disclose an expungement on a disclosure for a federal background check and why?
Asked on Sep 08th, 2015 on Criminal Law - Washington
More details to this question:
My company has currently been awarded a Federal contract. We are required to fill out a 'Standard Form 85p' Public Trust Form from the U.S. Office of Personnel Management. The question states, "In the last 7 years, have you been arrested for, charged with, or convicted of any offense?" In 2010, I was arrested and had charges dropped that were felony in nature. Last year, they were expunged from my record. Legally, do I have to disclose this information? I understand that these checks are all about trust and honesty and I understand that they will be able to see them - but I would rather not have my current employer be able to have access to sealed records that I do legally do not have to share with them. The OPM would not give me advice stating, "We cannot tell candidates how to fill out their forms". Any advice would be great.
2 ANSWERS
As far as I know, there is no legal answer to your question. I know of no law that governs this. It is usually governed by company policy. The question is: have you been arrested for, charged with, or convicted of any offense?" Well, you said: I was arrested. Obviously, when asked, you must say yes, if you wish to be truthful. Many employers will excuse arrest, and even convictions of certain crimes. But most employers will not tolerate not telling the truth. If the employer finds out, and they likely will, you likely will be discharged. I have seen valuable employees of 20+ years discharged for minor crimes that were not disclosed on the employment application. While many employees will overlook minor events, they will not overlook dishonest answers on the employment application. I always say: When in doubt, disclose. But, that is friendly advice, and not a legal answer that you may rely upon.
Answered on Sep 08th, 2015 at 8:48 PM
Thomas Edward Gates
Because it states "been arrested" you will need to disclose the matter. When asked you are able to state that the charge was dropped.
Answered on Sep 08th, 2015 at 8:36 PM