How to Explain a Criminal Record on the SF-86 Without Torpedoing Your Clearance

Worried Your Criminal Record Will Ruin Your Clearance? Here’s What to Do Instead

You’ve worked hard to earn a spot in the federal government or defense industry. But now you’re staring at the SF-86—Section 22—and your stomach drops.

“Have you ever been charged with or convicted of a felony?”
“Have you ever been charged with or convicted of a misdemeanor?”
“Have you EVER been arrested, charged, or held by law enforcement—even if the charges were dropped?”

You start to wonder:
Do I really have to list that old DUI from college?
What if it was expunged?
Will this ruin my chances of getting cleared?

At National Security Law Firm, we’ve helped thousands of applicants disclose criminal records the right way—and still get their security clearance. In fact, we’ve helped many clients turn disclosures into opportunities to show maturity, honesty, and personal growth.

This blog explains exactly how to disclose a criminal record on your SF-86 without torpedoing your clearance—and why smart strategy and legal insight matter now more than ever.

Yes, You Have to Disclose It—Even If It’s Expunged

The SF-86 requires full disclosure of all criminal arrests, charges, and convictions—regardless of:

• Whether charges were dropped

• Whether you were acquitted

• Whether the record was sealed or expunged

• Whether it happened when you were a juvenile

• Whether it happened outside the U.S.

Omitting or lying about a record can lead to denial under Guideline E: Personal Conduct for falsification or lack of candor—even if the underlying charge wasn’t disqualifying.

💡 Rule of Thumb: When in doubt, disclose.

How to Frame Your Explanation Strategically

Disclosure doesn’t automatically hurt your chances. The way you explain it does.

Here’s how to respond the right way:

1. Be Accurate and Specific

List the date of the incident, the specific charge, the law enforcement agency involved, and the outcome (e.g., dismissal, diversion, guilty plea).

Example: “On June 14, 2017, I was arrested by the Baltimore City Police Department and charged with misdemeanor possession of marijuana. The charge was later dismissed after I completed a court-ordered diversion program.”

2. Take Responsibility

Own your past behavior. Clearance adjudicators value honesty and insight. Avoid deflection, blame-shifting, or justifications.

Example: “I take full responsibility for my actions and regret the judgment I showed at the time. It was a wake-up call that led to significant personal growth.”

3. Show Evidence of Rehabilitation

Highlight what you’ve done since: employment, education, counseling, community service, military service, etc. The further in the past the incident is—and the more stable your life is now—the better.

Example: “Since the incident, I’ve completed my bachelor’s degree, maintained consistent employment with a defense contractor, and have had no further legal issues.”

4. Provide Supporting Documentation

Gather court records, certificates of completion, letters of recommendation, or expungement orders. If relevant, include a brief personal statement outlining lessons learned and what’s changed.

Hypothetical Example

A 30-year-old applicant seeking a Top Secret clearance was arrested at age 19 for underage drinking and resisting arrest during a college party. He was convicted of a misdemeanor, paid a fine, and had no further trouble with the law.

On the SF-86, he disclosed the incident in full, explained what happened, accepted responsibility, and attached a letter from a former commanding officer praising his professionalism.

Result: Clearance granted—no Statement of Reasons issued. The adjudicator concluded that the incident was isolated, occurred years ago, and had been mitigated.

What Happens If You Don’t Disclose?

Failing to list even a minor offense is one of the most common reasons clearances are denied.

You could face:

• Denial or revocation under Guideline E (lack of candor)

• Delays due to investigative discrepancies

• Loss of sponsorship

• A permanent stain on your credibility with future investigators

It’s far easier to mitigate a past arrest than it is to overcome a lie.

Our Flat Fees and Financing Options

We make security clearance legal support affordable and predictable with flat fees for each stage:

Worried about cost? We offer legal financing through Pay Later by Affirm so you can spread payments over 3 to 24 months—with no credit impact to check eligibility.

Why Choose National Security Law Firm?

When it comes to clearance cases involving criminal records, experience matters. One wrong phrase on your SF-86—or one badly written explanation—can sink your case.

Here’s why NSLF is the trusted choice for clearance applicants nationwide:

✅ Hundreds of 5-star Google reviews
✅ Former military JAGs, federal prosecutors, and clearance adjudicators on staff
✅ Expertise with every clearance agency—DCSA, DOHA, DOE, CIA, and more
✅ Weekly “Attorney Review Board” to workshop complex cases
✅ Flat fees, fast turnaround, and nationwide representation
✅ Founded by veterans—fighting for those who serve

📣 National Security Law Firm: It’s Our Turn to Fight for You.

Additional Resources

Want to explore more ways to protect your clearance?

Visit our Security Clearance Practice Area Page to find:

• Articles on how to avoid common clearance mistakes

• What to do if your clearance is delayed or denied

• Sample responses, mitigation strategies, and appeal tips

• Step-by-step breakdowns of the clearance process

• Insight into how different adjudicative guidelines are evaluated

Your Record Doesn’t Have to Define You—Let’s Secure Your Future

You are not your past. And one mistake—or even several—shouldn’t end a career built on service, skill, and integrity.

We’ll help you disclose your record strategically, frame your explanation effectively, and build the strongest case possible for clearance success.

✨ The consultation is free. The path forward is clear. The results can change everything.

👉 Book your free consultation today
The quicker you act, the better your chances of success. Don’t risk your clearance over a technicality. Let us help you do this right.