Pay Attention to the EVER Questions on the S-86

The Questionnaire for National Security Positions (SF-86) has various questions that ask for information within certain timelines. For example, residence and employment history go back 10 years and foreign travel and business activities go back 7 years. There are several sections with questions that ask for 7 years of history, but also ask for EVER (depending on the question). One example of this to be aware of is in the Police Record section where they ask for both timelines. A DoD contractor was recently denied clearance eligibility because he falsely answered “No” to all of the EVER questions. Here are the highlights.

The applicant had been arrested several times for conduct involving domestic violence, felony criminal interference, distribution of cocaine and marijuana, as well as other charges. On his SF-86, he answered “No” to the EVER questions about his police record and even initially denied it during his interview with the background investigator. When confronted with the facts, he claimed that the questions were misleading and that was why he answered “No” to all of them. He also believed since some of his charges were adjudicated on a plea deal, he was not really convicted.

He was denied a security clearance by the DoD CAS and subsequently appealed to the Defense Office of Hearing and Appeals. The judge in this case noted the applicant’s claim as to why he did not list required information about his criminal history was not credible and that the questions on the form are clear and easy to understand. Ironically, his criminal history was mitigated due to having occurred so long ago, so had he been honest and up front about his past, he would have been able to obtain a security clearance.