I'm applying for a federal job. SF-85p. Do I disclose my arrest even if case dropped and expunged in Maryland? Was told both.

Great question. Will you show up in the Feds search is the question. I would go to the court in Maryland where this took place and ask the clerk there- alternatively, an anonymous call to human resources for the job you are applying for could also answer your question.

This is a tough question. You were arrested, but eventually the charge was nolle prossed and expunged. You may want to disclose it and state the outcome since you are applying for a federal position and they could still find out about it despite the expungement. Consult with an employment attorney and have them review the application.

Yes. You have to disclose because expungement from Maryland does not erase Federal data entry. Hadn't you expunge it, your employer would be able to see the record that it was nol prossed, mistake, etc. Now nothing can be seen except a line that you have been arrested and nol prossed in the Federal database. You have to disclose it and explain the circumstances.

Yes. You are required to disclose it in your application. Usually there is an additional space where you can explain the circumstances and the courts conclusion. You are better off telling the truth. Just explain that you were not convicted, only accused. You should disclose it because if you do not, you will live in fear that your employer will later learn of the accusations and terminate your employment. If you disclose, and you still get the position, then you have a clean conscience and peace of mind, knowing that you were honest. Best of luck to you.

The reason this is not an easy "yes" or "no" is because the FBI records do not necessarily get expunged when there is a state ordered expungement, and the FBI will conduct its own record search for a federal agency, utilizing its own database (a database not open to state and private employers). The FBI does have regulations in place which allow it to expunge state criminal records from its database when the state sends it notice of the expungement, but it is not required to do so, and it does not always do so, in particular for persons involved in more serious crimes (national security risks, terrorism, etc.). There is no way to know whether they did so, except by you first requesting your FBI record from the agency--which the law provides you may do, but that may take some time which you do not have right now. Maryland law allows you to deny anything having to do with an expunged case, but Maryland law does not trump federal law, and as you may have noticed, the federal application prominently points out that it is a felony (with a 10 year maximum jail sentence) to lie on a federal application for employment. Ouch. My initial reaction would be to disclose, with an explanation written right on the application, i.e., falsely accused by someone for [description of charge] in [year]; charges dismissed by prosecutor after review; case expunged by court order in [year]. By the way, was this a citizen's complaint initiated by the filing of a statement of charges, for which you received a summons to appear, or were you formally arrested by a police officer (taken into custody, handcuffed, photographed and fingerprinted, then brought before a District Court Commissioner to determine and set bond or bail for your release)? If by summons, you were not arrested, an important distinction. If not arrested, then the FBI would not have the fingerprints, etc. Charges by summons or even criminal citation sometimes do not even make it into the FBI database if they are dropped early in the process. I would recommend obtaining your FBI record so you know what's on there for future jobs.