Yes. When you fill out the SF-86, you have to disclose expunged records, even if a state court sealed the case and told you that you could legally deny it ever happened. The Standard Form 86 instructs applicants to report arrests, charges, and convictions regardless of whether the record was later sealed, expunged, stricken, or dismissed.1U.S. Office of Personnel Management. Standard Form 86 – Questionnaire for National Security Positions Leaving one off can cost you the clearance and expose you to federal criminal charges.
Why State Expungement Doesn’t Bind Federal Investigators
State expungement laws restrict employers, landlords, and the public from seeing a sealed record. Federal background investigators are not the public. They operate under Executive Order 12968, which requires a thorough background investigation before anyone is granted access to classified information and requires applicants to give written consent for investigators to reach a wide range of records.2GovInfo. Executive Order 12968 – Access to Classified Information The federal government’s position is that it cannot make an informed trust decision with incomplete information, so it requires disclosure beyond what any state court order can limit.
What Section 22 Asks
Section 22 of the SF-86 is titled “Police Record.” Most of its questions look back seven years and ask whether you have been issued a summons or citation to appear in criminal court, been arrested, been charged with or convicted of a crime, or been on probation or parole in that window. A separate question asks whether you are currently on trial or awaiting trial. Certain serious offenses, including felony charges, carry lifetime disclosure with no time limit.1U.S. Office of Personnel Management. Standard Form 86 – Questionnaire for National Security Positions
The instruction that trips people up sits at the top of the section. It tells you to “report information regardless of whether the record in your case has been sealed, expunged, or otherwise stricken from the court record, or the charge was dismissed.”1U.S. Office of Personnel Management. Standard Form 86 – Questionnaire for National Security Positions That language applies to every question in Section 22, whether the window is seven years or lifetime. If the incident falls within the timeframe of the question, you report it.
The Two Narrow Exceptions
The form carves out only two situations where you can skip a disclosure.
- Minor traffic citations with a fine under $300, provided the incident did not involve alcohol or drugs.1U.S. Office of Personnel Management. Standard Form 86 – Questionnaire for National Security Positions
- Federal drug possession convictions that were expunged by a court under 21 U.S.C. 844 or 18 U.S.C. 3607.1U.S. Office of Personnel Management. Standard Form 86 – Questionnaire for National Security Positions
The second exception is worth understanding because it is the only one that involves an actual expungement. Under 18 U.S.C. 3607, a person who was under 21 at the time of a simple federal drug possession offense can receive probation, and on successful completion the court enters an expungement order. That order specifically protects the person from being charged with perjury or a false statement for failing to disclose the incident in response to any inquiry.3Office of the Law Revision Counsel. 18 U.S. Code 3607 – Special Probation and Expungement Procedures for Drug Possessors State-level expungements, however they are worded, do not qualify.
Juvenile Records
Juvenile adjudications follow the same disclosure rule. The sealed-and-expunged instruction applies across Section 22, so a juvenile matter within the scope of a question must be reported. The seven-year lookback means many juvenile incidents have aged out by the time someone applies. A felony charge as a juvenile falls under the lifetime disclosure requirement no matter how long ago it happened. Juvenile offenses involving firearms, explosives, drugs, or alcohol also tend to trigger specific questions. Common minor incidents like vandalism or curfew violations more than seven years old generally fall outside the form’s scope.
Gathering Records Before You Fill Out the Form
Expunged records are, by design, hard to find. Courts seal them, and law enforcement agencies purge them from public databases. That creates a practical problem when you need to accurately report details you may not fully remember. Vague or inconsistent answers make investigators dig harder, so pulling together what you can beforehand pays off.
For each incident, compile the date and location, the law enforcement agency involved, the original charges, the court case number, and the final outcome. If you have a copy of the expungement order, include it. Many court clerks can still provide sealed records to the person whose case was sealed, even when public access is blocked. Fees for certified copies typically run from a few dollars to around $15.
Request your own FBI Identity History Summary as well. The current fee is $18, and you can submit the request electronically or by mail.4Federal Bureau of Investigation. Identity History Summary Checks Frequently Asked Questions This check shows you what federal investigators will see. Expunged records sometimes still appear in FBI files, and knowing in advance lets you address it on the form rather than being surprised during the investigation.
What Happens If You Don’t Disclose
Hiding an expunged record on the SF-86 is one of the worst mistakes an applicant can make. Investigators reach into FBI files, court archives, and interviews with people who know you. The odds of an expunged offense staying hidden are poor.
If investigators conclude you deliberately left something off the form, two problems follow. The first is criminal exposure: a materially false statement on a federal form is a felony under 18 U.S.C. 1001, punishable by up to five years in prison.5Office of the Law Revision Counsel. 18 U.S. Code 1001 – Statements or Entries Generally Prosecutions specifically for SF-86 omissions are uncommon, but they happen, and the statute gives investigators leverage during interviews.
The second problem is more immediate. Your clearance will almost certainly be denied. Under the adjudicative guidelines, deliberate omission or falsification on a security questionnaire is a standalone disqualifying condition under Guideline E, Personal Conduct.6Office of the Director of National Intelligence. Security Executive Agent Directive 4 – Adjudicative Guidelines A review of thousands of clearance appeal decisions found falsification to be a statistically significant predictor of denial and concluded that lying is effectively the worst thing an applicant can do.7Defense Technical Information Center. Data Analysis of Security Clearance Appeal Decisions The cover-up gets treated as worse than the thing being covered up.
How Adjudicators Handle a Disclosed Expunged Record
Disclosing an expunged record does not automatically end your chances. Adjudicators apply the “whole-person concept,” weighing everything favorable and unfavorable to reach a common-sense judgment about your trustworthiness.6Office of the Director of National Intelligence. Security Executive Agent Directive 4 – Adjudicative Guidelines For an old expunged offense, the factors that carry the most weight are the seriousness of the conduct, how old you were, how long ago it happened, and whether there is evidence of rehabilitation and lasting behavioral change.
Guideline J, which covers criminal conduct, sets out mitigating conditions that often line up with an expunged record: the behavior was not recent, it was an isolated incident, probation or parole is complete, and there is evidence of rehabilitation such as counseling, community involvement, or sustained good conduct.6Office of the Director of National Intelligence. Security Executive Agent Directive 4 – Adjudicative Guidelines The expungement itself can help. It signals a judge reviewed the case and decided you had earned a clean slate, even though it does not remove the disclosure obligation.
The Guideline E mitigating conditions reward prompt, good-faith correction of any omission before being confronted with it.6Office of the Director of National Intelligence. Security Executive Agent Directive 4 – Adjudicative Guidelines An applicant who walks in with a fully disclosed expunged record, organized documentation, and a straightforward explanation is showing the candor the process is designed to test.
If Your Clearance Is Denied
A denial is not always final. You will receive a Statement of Reasons identifying the guidelines and disqualifying conditions applied. You can respond in writing and in many cases request a hearing. Department of Defense contractors go through the Defense Office of Hearings and Appeals; federal employees and military members use agency-specific channels. Missing a response deadline can turn the denial final by default.
If the denial rests on the underlying criminal conduct and you have strong mitigating evidence, an appeal has a realistic chance. If it rests on falsification, the road is much steeper. The same review of appeal decisions found that applicants who successfully rebutted a falsification allegation had dramatically better odds of a favorable outcome than those where falsification was established.7Defense Technical Information Center. Data Analysis of Security Clearance Appeal Decisions The best appeal strategy starts on the form, by disclosing the expunged record in the first place.