Confused About What to Disclose? You’re Not Alone

If you’ve had an arrest or conviction expunged or sealed by a court, you may be wondering: Do I still have to report this on the SF-86? After all, the entire point of expungement is to clear your record. Shouldn’t you be able to move on and answer “no” when asked about your past?

It’s a fair question—but the answer is critical. Failing to disclose something that the federal government expects to see can result in security clearance denial or even a revocation for dishonesty. At National Security Law Firm (NSLF), we see this issue come up every week, and we’re here to give you the honest, detailed explanation that you won’t find in a government instruction manual.

What the SF-86 Actually Says

Let’s go straight to the source. According to the current Standard Form 86, the instructions in Section 22 (specifically, the questions on criminal conduct) say the following:

“For this section 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. You need not report convictions under the Federal Controlled Substances Act for which the court issued an expungement order under the authority of 21 U.S.C. 844 or 18 U.S.C. 3607. Be sure to include all incidents whether occurring in the U.S. or abroad.”

That means if you were arrested and the record was expunged by a state court—even if your lawyer told you it would be “wiped clean”—you still need to disclose it on the SF-86.

Why Does the Government Require This?

It comes down to the difference between state and federal law. State courts may seal or expunge your criminal history, but the federal government—which issues security clearances—is not bound by state-level expungement laws. The clearance process is governed by federal standards, which prioritize national security, honesty, and risk mitigation.

Bottom line: Your sealed or expunged record may not exist in the eyes of a state court, but it still matters to federal agencies like the Department of Defense, Department of Energy, or Intelligence Community.

The government cares less about what happened in court and more about whether you are honest, trustworthy, and transparent.

But I Thought Expungement Meant I Could Say It Never Happened?

In everyday life—like applying for an apartment or civilian job—that might be true. But federal security clearances operate by their own rules. The federal government has access to sealed court files and investigative databases (including fingerprint-based records) that go beyond what typical background checks can find.

Even if your arrest doesn’t appear on your state record, federal investigators might still find it.

When You Might NOT Have to Disclose

There are a few exceptions. For example:

  • You do not need to report convictions expunged under the Federal Controlled Substances Act if they meet the criteria under 21 U.S.C. §844 or 18 U.S.C. §3607.

But that is a narrow exception. When in doubt, disclose.

What Happens If You Don’t Disclose?

Here’s where things get serious: If investigators discover that you failed to report a sealed or expunged arrest, they may treat it as a deliberate falsification under Adjudicative Guideline E for Personal Conduct. Even if the underlying arrest wouldn’t have disqualified you, the act of hiding it might.

We’ve seen people lose their jobs or have their clearances revoked because they trusted outdated legal advice or assumed an expungement meant “it never happened.”

Hypothetical Example: A defense contractor had a misdemeanor theft charge expunged after completing a diversion program 10 years ago. Her lawyer told her she never had to disclose it again. She answered “No” to all SF-86 arrest questions. The government later discovered the charge through investigative databases. Her clearance was denied for dishonesty—not for theft, but for failing to report it.

Pricing: We Help You Get It Right from the Start

If you’re unsure whether or how to disclose a past arrest, don’t guess. We can review your background, help you prepare accurate answers, and create mitigation strategies if there are red flags.

Here’s our flat-fee pricing for security clearance matters:

  • SF-86 Review: $950
  • LOI (Letter of Interrogatory) Response: $3,500
  • SOR (Statement of Reasons) Response: $5,000 (credit of $3,000 if you paid for LOI response)
  • Hearing Representation: $7,500 (includes travel)

We also offer flexible legal financing through Pay Later by Affirm. Break up your payments into 3, 6, 12, or even 24 months. Learn more here.

Why Choose NSLF?

We’re not just clearance lawyers—we’re clearance insiders. When your future depends on getting this right, NSLF is the team you want in your corner. Here’s why:

  • Our clients rate us 4.9 stars on Google. Read the reviews.
  • We are the go-to law firm for SF-86 issues and clearance defense.
  • Our attorneys are former federal prosecutors, DOHA adjudicators, and military officers who understand the clearance process from the inside.
  • We are based in Washington, D.C., but represent clients nationwide.
  • Our firm was founded by disabled veterans and built on a mission to maximize outcomes and protect careers.
  • We hold weekly Attorney Review Board meetings to review complex cases as a team—so you get multiple legal minds for the price of one.
  • We handle related issues like FOIA requests, employment law, and whistleblower retaliation.
  • We maintain a network of experts, including polygraphers, psychologists, and mitigation specialists.
  • Some of our attorneys hold clearances themselves, giving them first-hand understanding of what matters most.

Additional Resources

Want to dive deeper into security clearance law? Visit our main Security Clearance practice area page for more information. You’ll find resources like:

  • Top mistakes to avoid when completing your SF-86
  • Winning strategies for responding to SORs and LOIs
  • Insightful blogs on how to mitigate criminal conduct, foreign ties, or financial issues

Everything you need to build a strong, successful clearance case is just one click away.

Let’s Help You Put This Behind You

Getting a clearance means everything right now: it can open doors to jobs, promotions, and lifelong careers. But it all starts with the SF-86—and how you answer those crucial questions.

We can help you avoid mistakes, protect your credibility, and maximize your chances of success. Our process is quick, easy, and free to get started. You don’t need to call or wait for someone to get back to you.

Just book your consultation online and we’ll take care of the rest.

We’ll tell you exactly what to do next, give you a clear plan, and help you finally breathe easy knowing it’s all handled.

The sooner you reach out, the stronger your defense will be. Book your free consultation today.