Do I have to disclose an expungement on a disclosure for a federal background check? Posted on May 04, 2011

My company has currently been awarded a Federal contract. We are required to fill out a 'Standard Form 85p' Public Trust Form from the U.S. Office of Personnel Management. The question states, "In the last 7 years, have you been arrested for, charged with, or convicted of any offense?" In 2005, I was arrested and had charges dropped that were felony in nature. Last year, they were expunged from my record. Legally, do I have to disclose this information? I understand that these checks are all about trust and honesty and I understand that they will be able to see them - but I would rather not have my current employer be able to have access to sealed records that I do legally do not have to share with them. The OPM would not give me advice stating, "We cannot tell candidates how to fill out their forms". Any advice would be great.

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