Pay Attention to the EVER Questions on the SF-86

There are several different timelines on the various sections of the Questionnaire for National Security Positions (SF-86). Some ask for information within the last 10 years, others ask for the last 7 years. There are also sections that ask for “Have you EVER?” A defense contractor was recently denied eligibility for failing to disclose criminal arrests that fell under the “EVER” timeline. Here is a summary of his appeal to the Defense Office of Hearing and Appeals (DOHA).

The applicant filled out his SF-86 and marked “No” to the question in the Police Record section that asks if he had ever been charged with any felony offense or been convicted of domestic battery or assault. Contradicting his answer was his FBI rap sheet which disclosed he had been arrested and charged with a felony on two separate occasions, as well as other offenses, and was incarcerated for 6 months for one of the arrests that involved sexual assault. During his interview with the background investigator the applicant stated that he had no knowledge of the criminal issues.

In his written appeal to DOHA, he finally admitted to the arrests, but stated he never lied about his criminal history. He just did not remember it because they happened 30 years ago, and that it was unfair to say he lied when asked about a 30-year history. Needless to say, the judge in this case found the applicant had deliberately chosen to lie about his criminal past and denied his appeal. Ironically, if the applicant had been totally honest and forthright on his SF-86 and during his interview, his criminal conduct could have been mitigated by time past and and maybe would have gotten a clearance.