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| Relevance of Criminal Conduct and Security Clearances |
William Henderson for ClearanceJobs.com - January 26, 2009
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AFFECTED PERSONS
The “Criminal Conduct” criterion in the Adjudicative Guidelines For Determining Eligibility for Access To Classified Information affects security clearance applicants who have been arrested, charged or convicted of a single serious crime or multiple lesser offenses. Others who have intentionally provided false information on their clearance application forms, who have had illegal drug involvement, or who have been involved in previously unreported crime can also be affected. Over the years Criminal Conduct has consistently been among the 4 most common reasons for security clearance denial.
SECURITY CONCERN
The Adjudicative Guidelines states that “Criminal activity creates doubt about a person’s judgment, reliability and trustworthiness. By its very nature, it calls into question a person’s ability or willingness to comply with laws, rules and regulations.” Because of the high rate of adult recidivism, this issue is perhaps one of the best predictors of future compliance with rules for handling classified information.
CRIMINAL OFFENSES
Criminal offenses are divided into three categories—infractions, misdemeanors, and felonies. For security clearance purposes, an infraction is a crime for which the maximum possible penalty is a fine; a misdemeanor is a crime for which the maximum possible penalty is incarceration for up to 1 year; and a felony is a crime for which the maximum possible penalty is incarceration for more than 1 year.
The “Questionnaire for National Security Positions” (Standard Form 86—SF86) asks if an applicant has ever been charged with a felony offense or any offense involving alcohol, drugs, firearms or explosives. It also asks if an applicant: 1) has been arrested within the past 7 years (10 years for Top Secret clearance), 2) has been subject to court martial or other military disciplinary proceedings, or 3) is currently pending some court action for a criminal charge or offense.
The distinction between “arrested” and “charged” can be important for anyone arrested more than 7 or 10 years ago for a felony or any offense involving alcohol, drugs, firearms or explosives, but not formally charged with one of these offenses. Applicants often mistake the charge or offense listed on the police report as a charge that must be listed on the SF86. Since a charge can be changed or dropped between the time of an arrest and the defendant’s initial court appearance, the best definition of a “charge” for SF86 purposes is any accusation of criminal conduct as it is initially presented at court.
For SF86 purposes an arrest is any situation in which a law enforcement officer restricts a person’s freedom, then either takes them into custody or releases them on their promise to appear in court (i.e. issues a citation). Under this definition a traffic offense resulting in a citation is technically an arrest; however, minor traffic citations resulting in a fine of $300 or less can be omitted from the SF86, unless they involved drugs or alcohol.
There are certain circumstances where a person can be taken into custody, but not technically arrested. This typically occurs when a person is initially arrested for being drunk in public, placed in a jail cell until sober, then released without any conditions or further action. In their report police record this as a detention not amounting to an arrest (or some similar wording). It is strongly recommended that such incidents be disclosed in the appropriate comment section of the SF86.
In the SF86 there is an exception that permits withholding information about certain expunged drug convictions. This exception only applies to drug convictions and expungement orders in a federal court. Consequently, clearance applicants must list all applicable dismissed charges and convictions even if the record was sealed, expunged, or otherwise stricken from a state or local court record.
COMPLIANCE WITH BOND AMENDMENT
The Bond Amendment (50 U.S.C. 435b, Section 3002), which became law in January 2008, prohibits all federal agencies from granting or renewing eligibility for access to Sensitive Compartmented Information, Special Access Programs, and Restricted Data for anyone who has been: 1) convicted, sentenced, and incarcerated for a term exceeding 1 year for any crime or 2) discharged/dismissed from the Armed Forces under dishonorable conditions. As a practical matter, due to the inability to always predict future access to Restricted Data, these Bond Amendment restrictions may be applied to the adjudication of all levels of security clearances. In many agencies senior adjudicators have the authority to waive these Bond Amendment restrictions. When an adjudicator would have arrived at a favorable decision but for a Bond Amendment disqualification, the adjudicator may grant a meritorious waiver if deemed appropriate.
CRIMINAL ASPECTS OF OTHER ADJUDICATIVE CRITERIA
A knowing and willful false statement made in connection with a security clearance application is a felony. Normally this offense is considered under the Adjudicative Guidelines’ “Personal Conduct” criterion, which specifically addresses this issue. However adjudicators can cite both Personal Conduct and Criminal Conduct for this single criminal act. Likewise, an adjudicator may cite Criminal Conduct in addition to Alcohol Consumption, Drug Involvement, or Sexual Behavior when there has been a single felony or multiple misdemeanor offenses at least one of which involved alcohol, drugs, or sexual conduct.
William H. Henderson is a retired security investigator, author of Security Clearance Manual, and regular contributor to ClearanceJobsBlog.com and ClearanceJobs.com. Copyright © 2009 Last Post Publishing. All rights reserved.
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| Bill L. (Annapolis, MD) |
on 17 Mar 2010 at 12:21 pm |
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Anders003(Ft Meade, MD),
The answers to both your questions are – possibly. If the protection order is based on verbal arguments, failure to comply with visitation requests or other non-violent actions, it will probably not result in a clearance revocation. However, if the protection order is based on assault, threats, destruction of property, stalking, etc, it will definitely impact the decision. The “routinely bounced checks”, if frequent, deliberate or not reimbursed, could cause a hard look at the person’s financial status. However, if occurring once or twice a year would probably not result in a clearance revocation. |
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| martinez (houston,tx) |
on 17 Mar 2010 at 10:17 am |
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| I was prior enlisted and I had a security clearance. Now that I am out of the active duty how long does my clearance last? And is it true if you join the reserves that it will keep my clearance active while I am in the reserves? |
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| anders003 (ft meade) |
on 16 Mar 2010 at 6:22 pm |
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| Just before the PO was issued (one month), he was also charged in another state for disorderly conduct and unwanting touching. He surrendered himself for arrest. The other state found out about the order of protection and "tabled" the DC and unwanted touch pending a violation of the order of protection. That is if he violates the order of protection within the one year then he will be re-charged by the other state for disorderly conduct and unwanted touch. The year expires Dec 2010. |
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| anders003 (ft meade maryland) |
on 15 Mar 2010 at 10:48 pm |
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I would like to know if someone has a TS clearance in the intelligence community has an order of protection against them (for 1 year) from their former significant other - would that cause them to lose their clearance.
Further if they routinely bounced checks does that make a difference? I believe they are up for a 5 year review as a large contractor to gov. The individual has had the clearance for 5 years and is 54 years old. |
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| A Worried Applicant (VA) |
on 15 Mar 2010 at 7:52 pm |
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Mr. Henderson,
I am very concerned about my situation. I am applying for a Public Trust clearance through my contracting agency for a federal government position (as a contractor). I had a theft charge back in July 2006 at a mall and I went to trial, then I was put in a rehabilitation program and later my case was not prosecuted and expunged.
I understand I should be completely honest and disclose everything, but does this still mean I might get denied for my clearance I would appreciate it if you could get back to me asap because I am too worried and cant get any sleep. Thanks! |
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| William Henderson |
on 09 Mar 2010 at 10:22 pm |
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Mr. R (Indiana):
Under the circumstances I’m almost certain that this incident is not going to cause a security clearance denial. I think at worst you used poor judgment, and if this incident is not part of a larger pattern of poor judgment, it should not negatively affect your future eligibility for a clearance. On future security forms just list the arrest and use the comment section to explain what happened. Security clearance adjudicators should be concerned with conduct, not outcomes. So it really makes no difference whether an arrest is classified as a misdemeanor or a felony or whether a charge is dropped or an individual is found guilty—it’s the underlying conduct that is important. |
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| William Henderson |
on 09 Mar 2010 at 9:55 pm |
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Bobbi (NAS Pensacola):
A DUI is always an issue, but I think you have a fair to good chance of mitigating this issue even though you had a probation violation, provided you haven’t had a recent drinking problem (episodic abuse or addiction).
If your spouse’s criminal conduct occurred at least a few years ago and there was no subsequent drug involvement, it should not present problem for a security clearance. I don’t believe a spouse’s past conduct can be used as the basis for a finding of unsuitability for federal employment, so this can not be a bar to federal employment. I believe that any finding of unsuitability for federal employment can result in a bar to federal employment. At the agency level the bar only applies for one year and only to that agency. OPM can impose a 3-year bar that applies to all agencies but only for a few suitability criteria like falsification on federal forms and cheating on federal employment tests. |
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| William Henderson |
on 09 Mar 2010 at 9:26 pm |
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Steve (Maryland):
The Bond Amendment does not apply to you. |
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| William Henderson |
on 09 Mar 2010 at 8:51 pm |
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Steve (Maryland):
A NACI is an investigation, not a clearance. For contractors the NACI is generally used for determining eligibility for HSPD-12 Personal Identity Verification (PIV) cards, which just about all federal contractors need to enter federal facilities or access federal computer systems. The investigation for a contractor Secret clearance is a NACLC.
There is a chance you could get a Secret clearance or a PIV, but it is not good. If I had a choice in applying for a Secret clearance before applying for the PIV card, that’s what I would do. I have more trust in the security clearance adjudicators at DOHA to make a well reasoned decision, than I have in personnel specialists who decide about PIV card issuance. This is because DOHA judges are lawyers and are well trained and because there is well defined criteria for granting clearances and a uniform procedure for rebutting and appealing after an initial adverse decision.
See my article on this subject at http://www.clearancejobs.com/cleared-news/62/rebutting-and-appealing-security-clearance-denials |
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| William Henderson |
on 09 Mar 2010 at 8:24 pm |
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Frank (VA):
My original response to you was based on policy. How things happen in the real world are much more complicated.
OPM makes policy, which becomes part of the Code of Federal Regulations (5 CFR 731), regarding employment suitability determinations (including Public Trust positions), but this policy only applies to federal “competitive” service positions.
The policy does not apply to “excepted” service positions, temporary positions, and contractors positions; however, OPM recommends that federal agencies use the policy for all positions including contractor positions. If the government agency did not tell you why you were rejected, it was probably because they are not required to tell you and if that’s the case, there is no right to appeal. |
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| nina clark (florida) |
on 08 Mar 2010 at 2:03 pm |
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I am going thru a divorce because I found out my husband has long lasting extramarital relationships with two of my best friends. It has been devastating, and last Friday I saw him and my best friend going into a hotel. I was too angry at him and wanted to get him back. In a moment of insanity, thinking that if I have no job, then he will have to pay alimony and child support for me and my daughter.
In short, I went to Macy's, stole two dress, got caught, and charged with petty thief 2nd degree first offense (misdemeanor). My lawyer bailed me out with $250 bond.
I immediately, realized what a stupid mistake I had made, but can't revert the situation now. I'm too ashamed, and have no direction on what I should do.
I am currently working with a US Army civilian job, as a technical professional (engineer). I've been with the government for 14 years and has hold a Secrete Clearance. Now the utmost fear I have is will I lose my job because of this? Will the police notify my employer? Will they revoke my security clearance? Do I have to notify my employer about this incident.
As I said before, I'm clueless at this point and don't know what I have to do to take myself out of this mess. I'm too ashamed that I could have ended my life if I have no daughter. Please help me and shed some lights on what do I have to do now.
Thanks,
Nina |
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| Steve (Maryland) |
on 08 Mar 2010 at 9:08 am |
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I am seeking employment with a gov't contractor but plead guilty to a class B felony (stealing over $25,000) on July 7, 2008 and was sentenced to a suspended execution of sentence of 1/22/09 to 7 years incarceration and 5 years of probation. I am on very limited probation supervision. The conduct or act that concerns the guilty plea occurred in 2004 and I was not charged until 2006. The justice system took a while to deal with this. All restitution has been paid. I have also rehabilitated and become highly active in my church community. I have been Vice President, Treasurer and Assistant Treasurer dealing weekly with cash ranging from 1,000 to 3,000 with no problems. I also teach Sunday school and have had no other trouble.
With this scenario can I obtain a NACI or Secret clearance? |
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| Gordon (Florida) |
on 06 Mar 2010 at 2:42 pm |
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| I received a Letter of Counseling for talking to a 17 year old girl on Facebook. I told her I would be interested in dating her after she turned 18, in 6 days. Her mother reviewed her account,and wrote to base legal. Six months later when I applied for my ten year clearance renewal, I answered no to the sf86 question, and was given a SOR that said I falsified my paperwork. My career is now in shambles, and the have put me under the bus. Any suggestions? |
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| Bobbi (NAS Pensacola) |
on 06 Mar 2010 at 5:47 am |
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I am vying for some entry-level intelligence positions in DC, but I have one incident in my past that continues to haunt me - I was charged with a DUI back in 04, plead Nolo Contendre to a Reckless (DUI was reduced) in 07, but had a small issue with my probation in 08, which was due to a filing error, yet it is still reported as a VOP. I have not had a single incident with the law (besides this one big, awful experience) since, and I possess the education and some experience related to the jobs I am interested in.
I also am married to a man who has a criminal record from when he was a teen. I believe he has a felony drug offense and a DUI or two from when he was a teen.
Will these conditions create issues in my clearance investigations? Do you believe I could be barred from employment due to these issues?
Thank you! |
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| Steve (Maryland) |
on 05 Mar 2010 at 1:29 pm |
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I am applying for a contractor job with an FDIC contractor that requires either a NACI or Secret clearance. I have a serious blemish on my record, namely a guilty plea 18 months ago to conduct that occurred 6 years ago. The plea was for a class B Felony "Stealing over $25,000". I received a Suspended Imposition of Sentence (7 yrs) and am on probation for 45 more months (unsupervised with no problems) The conduct occurred in 2004 and information was not filed until 2006. In the meantime, I have worked with no problems and have rehabilitated myself to the point where I have been Vice president and Treasurer at my church handling a budget of over $1,000,00 and handling cash weekly in amounts over $1,000 to $3,000 with no problems. I am very active in my Church also teaching Sunday school. My record is otherwise clean.
Can I obtain a clearance especially in light of the Bond Amendment under this scenario? |
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| Mr. R (Indiana) |
on 05 Mar 2010 at 12:43 am |
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I have held clearances in the past...a TS with SCI access and a TS. I had never had any trouble with the law and was medically discharged from the military under honorable conditions in 2006.
In 2009, I was arrested for battery...normally this charge would be a misdemeanor except that the alleged victim was under the age of 14.
The definition of battery under Indiana law is to knowingly or intentionally touch anyone in a manner that is rude, angry, or insolent. Generally, this offense is a Class B Misdemeanor punishable by up to 180 days in jail and fines reaching $1,000.
However, in certain situations this offense is elevated to a Class D felony with a potential sentence of 6 months to 3 years in prison. Those situations include if the offense involved: The victim being under 14 years old.
I was extremely surprised when I was arrested. I disciplined a child who was not my own by doing the same thing I would to my own children. I put the child's chin in my hand to ensure the child was listening to what I was saying...as I have said, I do this to my children when they are misbehaving. The child was not listening to me, so I raised my voice. Once I determined the child was listening to me I lowered my voice and pulled my hand away from the child's chin. Needless to say, the child ran home and was crying and his parents confronted me. I explained to the child's parents exactly what I had done. They proceeded to curse me out and said they were going to call the police. I was relieved that the police were being called because I didn't know what the parents might do eventually. I stayed where I was and waited for the police. I could have left and the child's parents would not have known who I was but I wanted everything cleared up. Next thing I know, I am being arrested.
I stayed in jail for about 8 hours until bail was posted. I proceeded to get a lawyer to fight the charges. My lawyer and I show up for my court date which was only a couple of days later. I showed up early to discuss what my lawyer was going to do, because I was definitely not going to plead guilty. My lawyer goes into the court room before court begins and talks with the prosecuting attorney and she comes back to me and says the charges are being dropped. This was the first time I met my lawyer and I hadn't even paid her and did not have to pay her for what minimal services she did provide.
Lucky for me that I didn't have to pay attorney fees I guess...but I am now wondering if I am going to be able to get a security clearance after this incident. If anyone can help me with this question I would be very appreciative. |
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| Frank (VA) |
on 04 Mar 2010 at 9:12 pm |
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| Thank you Will, but they actually denied my application without telling me why, so I am not sure because of my previous convictions or something else. One more question, can I appeal? |
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| William Henderson |
on 04 Mar 2010 at 3:25 pm |
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Frank (VA):
The forms are written with time limits because there is a presumption that things that happened a long time ago are no longer relevant to the suitability/fitness criteria of the type of position you are applying for.
For federal employment suitability and contractor employment fitness, even the most serious issue becomes a non-issue after 10 years. Things that happened a long time ago can be taken into consideration, if there has been more recent misconduct of a similar nature, because it could indicate a pattern.
Be aware that you may also need to fill out a Optional Form 306 which also has a question about criminal convictions, probation, parole within the past 10 years. |
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| John Williams (Virginia) |
on 04 Mar 2010 at 2:35 pm |
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My brother is applying for a job with a security clearance. He has good credit, no criminal record, but he was let go from a job. The circumstances were that he took money while employed. They found out by looking at the computer entries. It was a small amount and when he was approached, he confessed and repaid the money.
They also agreed to not press any charges and for both parties to go their own way and he was terminated from the company. This happened 2 years ago, will this affect him getting a secret clearance? |
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| Frank (VA) |
on 04 Mar 2010 at 7:54 am |
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| I got convicted felony (larcerny, embezzlement and fraud) with 6-7 counts more than 10 years ago, can I pass the public trust clearance? On the sf85p form, even they only ask for conviction for the past 7 years, can they still deny my application? |
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| William Henderson |
on 26 Feb 2010 at 8:28 pm |
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Mymikids:
I recommend you answer “yes” to question #22 (Police Record) rather than question #28 (Involvement in Non-Criminal Court action). Regardless of whether the disposition of your case involved a criminal penalty (fine or incarceration) or civil restitution, you committed a criminal offense and were probably charged with a criminal offense. Disclosing this information on an SF86C is important; where on the form you choose to list it is not very important as long as you provide an accurate explanation of what happened. |
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| William Henderson |
on 26 Feb 2010 at 8:14 pm |
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J.J. Carter:
I think if you read the related article, “Effect of Criminal Conduct on Security Clearances,” you will see that a single misdemeanor offense is not a potentially disqualifying condition for a security clearance, as long as there are no aggravating circumstances. If you haven’t done so already, report this matter to your security officer. It’s very good that you have sought counseling. Adjudicators look favorably upon people who acknowledge a mistake, accept responsibility for their actions, seek professional counseling where appropriate, follow the counselor’s guidance, and express contrition for their misconduct. |
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| William Henderson |
on 26 Feb 2010 at 7:18 pm |
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Worried (Puget Sound):
Probably not. In most cases like yours, the individual is given a written warning that any future incident of a similar nature may result in the revocation of a clearance. Worst case scenario may involve temporary suspension of a clearance until the adjudicative authority collects and reviews information about your case. It may be wise to go to your Employee Assistance Program for an evaluation. Paragraph 2(e) and 2(f) of the Adjudicative Guidelines specifically apply to situations like yours. It reads:
(e) When information of security concern becomes known about an individual who is currently eligible for access to classified information, the adjudicator should consider whether the person:
(1) voluntarily reported the information;
(2) was truthful and complete in responding to questions;
(3) sought assistance and followed professional guidance, where appropriate;
(4) resolved or appears likely to favorably resolve the security concern;
(5) has demonstrated positive changes in behavior and employment;
(6) should have his or her access temporarily suspended pending final adjudication of the information.
(f) If after evaluating information of security concern, the adjudicator decides that the information is not serious enough to warrant a recommendation of disapproval or revocation of the security clearance, it may be appropriate to recommend approval with a warning that future incidents of a similar nature may result in revocation of access. |
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| worried (Puget Sound) |
on 26 Feb 2010 at 10:29 am |
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| I work for PSNS with a secret clearance. I was charged with a DUI on Jan 31 2010 which was Feb 1. I reported it to the Security Office on base the following Monday, and am likely to have the charge reduced to negligent driving. Other than this incident I have a clean record and good credit, and It will stay that way. Am I likely to lose my clearance? |
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| J.J. Carter (Illinois) |
on 25 Feb 2010 at 3:59 pm |
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I am being charged with a Class A Misdemeanor for electronic harassment for sending inappropriate text messages to someone. I currently hold a Secret Clearance and I'm wondering what my hopes are of keeping it. I committed the offense in question and have no other choice but to plead guilty. I have no prior criminal record whatsoever.
This is my ONLY offense in my entire life. I made a huge mistake that will not happen again. I am seeking counseling and have apologized to the person in question. I haven't gone to court yet but since I have been completely cooperative with the police they are saying I will pretty much get a slap on the wrist. |
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| mymilkids (Italy) |
on 25 Feb 2010 at 5:26 am |
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I am in the process of re-validating my security clearance with the DOS.
I was charged by military police for shoplifting as misconduct offense 02/2010, paid the $200.00 civil recovery fee. Do I need to list this incident under Q28 (Non-criminal court actions) of the SF-86C?
Thanks. |
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| Bill L. (Annapolis, MD) |
on 23 Feb 2010 at 11:52 am |
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T.G. (Washington, DC),
There are some definitions here that don’t pass across the Federal government (and they say there are communications problems at the highest levels). There is a difference in badging requirements, suitability for employment and security clearance eligibility and clearance access.
Bill Henderson has written some very good articles and they are posted on this website. In my opinion, unless you were sentenced to prison and actually served more than 1 year, you should not have a problem being granted a TS security clearance eligibility. Assuming this is your only issue and you were honest on your employment application and SF 86/eQIP, your stated criminal conduct is sporadic and 8+ years old. Good luck. |
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| Bill L. (Annapolis, MD) |
on 23 Feb 2010 at 11:43 am |
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JC (California),
The company line is that this information, probably submitted as an “Incident Report” in JPAS, will be in the JPAS database forever. It will appear on the JPAS screen in red until it is adjudicated, and then retired to the archives and available only to authorized adjudicators. JPAS has opened access to some non-DoD agencies to verify clearance information, so applying to non-DoD contractors may not be a solution. As long as you are applying to Defense agencies, including contractors, you can expect the same answer that your clearance is basically in limbo until someone takes a chance on you and asks that the Incident Report be adjudicated. |
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| T.G. (Washington, DC) |
on 22 Feb 2010 at 5:24 pm |
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Hi Bill and all posters
I see all these threads and responses and admire your diligence in following up with concerned "clearancees." I work for a major government contractor and have been a part of several DHS contracts over the past 5+ years.
Two years ago, though, I was refused a badge at a DHS agency, based on criminal history, which I disclosed in eQuip. In 1996, I was convicted of felony B&E in Motor Vehicle at the age of 18 (summer before starting college). Since then, the only infractions I have been cited for have been traffic tickets (including a driving with suspended license in 2002, argh..) and a few check violations in the 1999 - 2001 timeframe. I was told by the adjudicator in the DHS agency that unless i could have the felony expunged, I would not be granted a badge.
Now I am being considered for a GS position that will require a TS clearance. I am very strongly considering NOT pursuing -to avoid the embarrassment of rejection- but I am highly qualified for the job, and part of me hopes that the DHS agency badging office may have been hasty in its refusal of me. Am I forever to be a fed gov castoff, or is there still some hope of TS clearance in the future? Thanks for your thoughts. |
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| Tara K. (Fairfax, VA) |
on 22 Feb 2010 at 12:30 am |
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| I'm on my way to join the Foreign Service. I was caught shoplifting at a grocery store last month. The police were not involved and I ended up paying a civil demand. My SSN was taken down, presumably to report it to the National Retail Theft database. Will this affect my security clearance? |
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| Brian Fitz (Guam) |
on 20 Feb 2010 at 9:54 am |
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| How long does TSA adjudication take it's been over 2 months. I currently am active military and hold my current clearance with a 5-year last year. I know they are different entities but I'm about to be unemployed in limbo waiting for adjudication. |
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| jc (California) |
on 19 Feb 2010 at 5:21 pm |
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Recently, I was terminated (FIRED!) from a large defense company. I held a TS/SCI with a polygraph security clearance.
I interviewed with another defense company, and I was told that a "security incident" was entered, after I was terminated. Basically, I was terminated for time-card fraud. Because, I could not substantiate the number of hours I was charging.
How long will this black-mark follow me? Will this black-mark every come off my JPAS record? |
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| Bill L. (Annapolis, MD) |
on 18 Feb 2010 at 11:55 am |
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Mike_conr (Camden),
I am not sure of your statement. You should report the DUI on your current SF 86/eQIP. There are probably records of the offense in local police files and possibly the FBI criminal or fingerprint records. If you did not report it to your FSO 4 years ago, not much you can do now. I doubt your FSO will take any action at this point. If this is your only issue, it should not prevent you from being granted a clearance eligibility. Good luck. |
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| Bill L. (Annapolis, MD) |
on 18 Feb 2010 at 11:50 am |
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Worried (PA),
The hard answer to your question is that, yes, it could have an adverse affect on your clearance determination.
There are 2 issues here: first, you deliberately falsified the SF 86/eQIP. The question/instructions on the form tell you to admit all pertinent information “regardless of whether the record in your case has been sealed, expunged, or otherwise stricken from the record”.
Next, even though the case may be expunged from police and court records and not uncovered during local police checks, there may be a record discovered during the FBI criminal or fingerprint check. That would show deliberate falsification of the SF 86. Your stated offense is minor and you should have listed it. |
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| Bill L. (Annapolis, MD) |
on 18 Feb 2010 at 11:42 am |
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Ski (WI),
One of the security concerns for drug use is using illegal substances after being granted a security clearance. This is an almost definite denial for “intel” agencies. However, adjudicators will look at the whole person, including how many times, the drug used, date of last use and your demonstrated intent to refrain from future use and association with others who use drugs. |
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| Bill L. (Annapolis, MD) |
on 18 Feb 2010 at 11:37 am |
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Shawn (NJ),
It is possible (but unlikely) that if you admit past, undocumented criminal conduct that it would result in prosecution. If a background investigation is conducted for the purpose of a security clearance eligibility determination, it is normally only used for that purpose. However, I suspect OPM investigators have discretion or can contact the case analysts in some cases for guidance based on the admission.
For instance, if you admitted that you shoplifted a cd from Wal-mart 2 years ago, it probably will not be reported. However, if you admit that you currently sell drugs out of the trunk of your car, that info may be passed to law enforcement personnel |
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| mike_conr (camden) |
on 15 Feb 2010 at 6:28 pm |
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Bill,
I work for a defense contractor and have a top clearance. I am about to complete my SF-86 form online and send it. i reported a DUI arrest incident on the form but did report it to my FSO about four years ago when it happened. The reason because I was not convicted and did not affect my driving license in any way. What action will the FSO or agency take and will i have my clearance revoked? Thanks for any advice on this matter. |
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| Worried (Pennsylvania) |
on 15 Feb 2010 at 1:33 pm |
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| When I was 20 years old, I received an underage drinking citation when I was tailgating before a football game. I took a YOP course to get the case dismissed and now that I'm 21, I have filed for the citation to be expunged. It will be expunged in a few weeks. I had just received a job offer that wants me to fill out a security clearance through E-Qip (SF-86). When I filled it out, I didn't say that I was charged with an alcohol/drug offense since I knew that it would be expunged soon. Will this affect my clearance in order to start my new job? |
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| Ski (Wisconsin) |
on 14 Feb 2010 at 6:46 pm |
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| So here is a question. If i already have a secret clearance and disclose on a form 86 that i took a controlled substance should i fear losing the clearance i already have? or will i just stand a little chance on getting the job concerning the background investigation? |
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| Shawn (nj) |
on 13 Feb 2010 at 8:54 pm |
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| What I want to know and can't seem to find is: if there is evidence of previously unreported criminal conduct found or admitted to during a clearance investigation, is it possible that charges could be filed for said conduct, assuming it occurred within the crime's statute of limitations? |
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| Bill L. (Annapolis, MD) |
on 09 Feb 2010 at 12:02 pm |
|
Reilly,
I do not think 1 incident will make a difference unless you are involved in a Personnel Reliability Program (nuclear or chemical surety). You were correct to be honest on the forms and continue to do so during your personal interview. |
|
| Bill L. (Annapolis, MD) |
on 09 Feb 2010 at 11:59 am |
|
Jenny (OK),
Bottom line is you and your husband should not worry. First, he did the right thing by listing the incident. Even if he was told the Article 15 would not be filed, there is probably a record somewhere. A status of still “pending review” is nothing to worry about. Some adjudicative facilities (CAF) use the term to indicate there is a backlog in reviewing cases and making determinations. The CAFs are required to adjudicate 90% of new cases in 20 days. That still leaves 10% to be down whenever. I do not believe 1 incident 9 years ago is going to make any difference. Good luck. |
|
| Reilly |
on 08 Feb 2010 at 10:32 pm |
|
| I currently have a TS and am up for re-certification. I did have one incident in the past five years where I smoke marijuana. I'm nervous that my clearance will be revoked, however, I do have to be honest. Thoughts? |
|
| solom (san francisco ca) |
on 08 Feb 2010 at 7:01 pm |
|
Thanks Bill for all your support on this blog.
I was told first to fill sf85 then now they say I need to fill SF85P is there any difference on this case? |
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| Jenny (Oklahoma) |
on 07 Feb 2010 at 11:06 pm |
|
| My husband is currently under periodic reinvestigation for a secret clearance.9 years ago as new private he used ecstasy and subsequently failed a urinalysis. Due to his rank the article 15 was never filed in his official record and there is no trace of the incident. He has since been an exemplary soldier, 40 months in Iraq, no disciplinary problems whatsoever, perfect credit, SFC in 7 years, and is now at Officer school. He started his pr at the beginning of last month and he disclosed the incident on his e-quip. His security officer has told him that his status is still pending review. We are worried now. What are his chances of losing his clearance? |
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| William Henderson (Pacific Grove, CA) |
on 06 Feb 2010 at 5:09 pm |
|
Confused (Home):
The issue is not whether you resigned or were fired—you left the job by mutual agreement because of a specific problem.
When completing an OF306 you should answer “yes” to question #12, which reads: “During the last 5 years, have you been fired from any job for any reason, did you quit after being told that you would be fired, did you leave any job by mutual agreement because of specific problems, or were you debarred from Federal employment by the Office of Personnel Management or any other Federal agency? If "YES," use item 16 to provide the date, an explanation of the problem, reason for leaving, and the employer's name and address.”
In the “continuation space” at item #16 of the OF306 you should explain what happened at both jobs. Because there is not one set of rules concerning federal employment suitability determinations and CAC/PIV Card issuance criteria, there isn’t anyone who can accurately predict how any particular agency will decide a case. Whether or not you will be eligible for federal employment in the future will depend on the degree to which you can mitigate your misconduct at the first job and your failure to disclose the employment termination on your OF306.
I don’t understand how a company can have a rule that governs what you do on your own personal computer, unless you used your personal computer during work hours to access internet porn sites. |
|
| Confused (Home) |
on 03 Feb 2010 at 10:58 pm |
|
Thank you very much, I appreciate your insight, it's very helpful. Yes, it was actually the the OF306 that asked the question. I was under the impression that I answered the question truthfully, because I resigned from my position and to this day, I have not been notified by the company that I was terminated. Also, I believe that since the manager from the 1st company is very good friends with the manager from the 2nd company, he passed on the information about the investigation, even though it was supposed to be privileged and confidential.
When filling out OF306s in the future, should I put down that I was terminated from the 1st company and asked to resign from the 2nd? and do you think that this will prevent me from getting federal employment in the future? |
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| William Henderson (Pacific Grove, CA) |
on 03 Feb 2010 at 4:00 pm |
|
Confused (home):
There are 2 things that don’t make any sense in the situation you describe: 1) The US Government does not share the results of a personnel security investigation (even for a CAC) with private companies. To do so is a violation of the Privacy Act. 2) There is no question on the SF85 that asks why you stopped working at a company or if you were fired from a job (there is a question on the OF306 that asks if you have been fired from a job). This leads me to believe that your company did its own post-employment investigation and fired you for falsifying a company employment application form or an OF 306, not the SF85.
The issuance of CACs and PIV Cards are not security clearances and are governed by individual agency regulations that implement HSPD-12. Although OPM has recommended uniform credentialling standards for this, every agency has its own credentialling standards. |
|
| Confused (home) |
on 03 Feb 2010 at 4:43 am |
|
I worked for a defense contractor overseas for over 4 years. Last year March there were some false allegations of bribery made against me, as a result there was a code of business conduct investigation done and my work and personal computers were seized. Although the allegations were unfounded, there was pornographic material on my personal computer, which was a violation of general order #1. I resigned from my position at the company. I started working for another company in August, and on my job application and SF85 I put that I resigned from my previous job.
In Nov 2009 the new company's security department told me that the result of the SF85 showed that I was terminated by the 1st employer, even though I was never notified. I was told that I could not work on any federal projects and I would have to either resign or be terminated for falsifying my application. I am currently being considered for another overseas position that will require me to get a CAC card.
Will this situation prevent me from getting a CAC card? Should I say that I was terminated from the 1st job, even though I resigned and to this day I have not been notified from the company that I was terminated? |
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| Bill L. (Annapolis, MD) |
on 02 Feb 2010 at 1:52 pm |
|
Mtnman (GA),
I agree with Mr. Henderson that the event should not cause a problem with a clearance eligibility or employment consideration.
However, I suggest to clear your own mind of whether or not this incident is documented somewhere that you submit a request to the Freedom of Information (FOI) office of the criminal investigation agency that covered the military service that you were in at the time of the incident (AFOSI for Air Force; CIDC for Army; or NCIS for Navy/Marines). Yes, NCIS investigates more than the murders shown on the TV show. The addresses for these FOI offices can be found on the internet.
It is possible that the offense was investigated by one of the agencies I cited and is listed in a database called DCII (Defense Central Index of Investigations). Many agencies have access to the DCII and could have seen your involvement in the incident, but ignored it due to the passage of time. Good luck. |
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| Mtnmn (ga) |
on 01 Feb 2010 at 6:43 pm |
|
| Thanks for the insight, you have been very helpful. |
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| William Henderson (Pacific Grove, CA) |
on 01 Feb 2010 at 5:04 pm |
|
Blacklisted (USA):
Any government agency should be able to use your completed investigation as the basis for a security clearance determination. In rare instances some intelligence agencies may want a new investigation done by their own people. Average adjudication time is about 30 days. |
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| William Henderson (Pacific Grove, CA) |
on 01 Feb 2010 at 4:58 pm |
|
Mtnman (ga):
If you were not arrested and did not receive a citation, ticket or summons regarding this matter, you do not have to list it on an SF86. Under the circumstances I would provide information about this matter in the comment section of question 22 (Police Record) of the SF86. It should have no affect on your chance of being hired or getting a TS clearance. |
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| William Henderson (Pacific Grove, CA) |
on 01 Feb 2010 at 4:47 pm |
|
David (ma):
The FSO should submit an “incident report” about your arrest and dispostion. It’s possible nothing could happen; you could be issued a written warning; or an investigation could be initiated with or without suspending your clearance. Any investigation could include an interview of you and interviews of your friends, neighbors, and/or work associates. Security clearance investigations are flexible when a security issue is present. |
|
| Blacklisted (USA) |
on 29 Jan 2010 at 8:13 pm |
|
So my TS investigation started in October, and I reported a formal written warning from my company on an computer IT violation (I know, not a crime/felony, but I thought I'd ask here). This apparently triggered an incident report (which I was never told about) and I was granted my interim TS (which I was also never told about) 4 days prior. The investigation was closed early January, and resigned a few weeks ago from the company. A few days ago as I am applying for new jobs, I am suddenly told "loss of jurisdiction" was written in JPAS. Now companies won't talk to me, especially since I was looking to deploy in the next week or two.
If a company picks me up, what are the chances the adjudication can be done on the close investigation? And more importantly, how long would this realistically take? I have been told from weeks to 6 months. To not have a clearance for 6 months effectively ends my career. Any thoughts? |
|
| mtnman (ga) |
on 29 Jan 2010 at 6:18 pm |
|
So, I am a Fed employee and my BI has been going on for almost 8 months now. I thought it was done after 2 months, but a week ago I get a call from a security investigator with my job asking me about something that happened 9 yrs 1 month ago. Well, I remember the incident yes, but she informs me that I was charged with shoplifting which I didn't know (I was not the one who shoplifted, I had given a guy in my platoon a ride to the store on base and he got busted, but apparently I did too just b/c I was with him). I was charged, from what she told me, but nothing happened after this incident. I did not go to court, jail, or get UCMJ action taken against me.
On top of that, I have been employed with 6 different Gov't entities and never put the charge down on my SF-86 b/c I didn't know it was even there. Besides that it cannot even be viewed publicly b/c it is a military record, so only the Gov't can see it. She told me it has been seen by all the prior Gov't entities, but they chose to do nothing about it. My issue is that now I know about it I have to list it. I am currently getting ready (hopefully now) transfer over to another Gov't entity, but it requires TS clearance.
So, is a charge in my name for shoplifting that I did not do, that has to be listed now going to effect my chances of getting hired by the new Gov't entity? Thank you. |
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| david(ma) (ma) |
on 29 Jan 2010 at 11:09 am |
|
hi bill
I was charged with dui 2 years ago, which was dropped to a non-conviction reckless because I was under the legal limit. I did not report it to fso because i thought you only report convictions. I intend to report it to fso now and my renewal comes up in 6 months. what actions will the fso take, will this impact my clearance. Will they interview my co-workers and neighbors as part of the investigation? I am really stressed out about this and your kind reply is much appreciated. |
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| smithrd3512 (alton) |
on 28 Jan 2010 at 12:45 pm |
|
You know it depends how open you are with the OPM investigator. I had 2 felony arrests and several bad debts, Been to several countries and more..
Still got my Secret Clearance. It all depends on your current situation and how honest you are with the investigator.
They look at all your information and how you explain it. Be surprised how many people with all kinds of situations are able to get one. |
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| Bill L. (Annapolis, MD) |
on 28 Jan 2010 at 12:07 pm |
|
Lost (VA),
I do not believe that your clearance eligibility was not denied or revoked. That would have entailed a formal letter of intent to revoke your clearance (SOR) allowing you the opportunity to submit information as a rebuttal. Then a letter of determination of revocation (LOD) would have been issued.
At worst case, a new investigation would have been conducted including police and court checks and a personal interview. I believe the company did an employment background check and decided your DUI was too recent to take a chance on hiring you or you are on probation of some sort and they withdrew the offer of employment or never made a definitive offer. |
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| Lost (Galax VA) |
on 27 Jan 2010 at 7:16 pm |
|
| I was in the Air Force for 5 years before i was discharged due to a DWI. I had a Secret clearance for my Munitions job that was not taken from me after my offense or before discharge. I applied for a job with DynCorp and they said they would have to do another background check. This was less than a year after my discharge, and i was denied. They wouldn't tell me the reasons. Will this one DWI restrict me from getting any type of clearance? |
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| William Henderson (Pacific Grove, CA) |
on 27 Jan 2010 at 3:20 pm |
|
Jake:
For a Secret clearance there is a presumption that if you are not required to list something on the SF86 (Questionnaire for National Security Positions) it probably is not relevant or material to a security clearance determination.
For federal contractor positions the investigation for a Secret clearance is NACLC. For an initial-hire federal employee it is an ANACI. The SF86 for a Secret clearance only requires information going back 7 years for a misdemeanor offense that does not involve alcohol, drugs, firearms or explosives. Neither a standard NACLC nor a standard ANACI includes a Subject Interview.
So you normally would not have to disclose an arrest that occurred more than 7 years ago and it should not become an issue. Unless your arrest surfaces during the NACLC or ANACI and some government security official feels it is significant enough to warrant expansion of your investigation, you will never be questioned about it.
If you are questioned about it, you must disclose it and deal with the “susceptibility to blackmail/coercion” issue at that time. This may involve disclosing the arrest to your spouse. Investigations for Public Trust positions and Top Secret clearances are more comprehensive and include a Personal Subject Interview (PRSI). There are standard PRSI questions that will probably require you to disclose the arrest. |
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| Situation (DC) |
on 27 Jan 2010 at 2:30 pm |
|
Dear Mr. Henderson:
I was recently (2 months ago) busted in a sex sting. The police officers claim that I was having a sex act performed on me. To make a long story short, I was there for the wrong reasons (in a park) but did not commit the crime. The DA wants to offer me a Pre-Trial diversion - one where I do not plead guilty and everything is expunged in a year. I have a current secret clearance which isn't active. A company wants to rehire me and put the clearance to use again. Any advice on what I should do? My attorney thinks I could win at trial - 2 out of 3 chance b/c he said u never know what the jury will do. The Pre-Trial seems the safest (more importantly cheapest) but what will happen? I was cited with two misdemeanors for the arrest. |
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| Hopeful (MD) |
on 27 Jan 2010 at 10:54 am |
|
Mr. Henderson,
I have a few questions:
I have one charge-off on my credit report total of 1,298, but this was charged off in 06'. Will this affect me from getting a secret clearance??
Also I got a citation for possession of paraphernalia but the case was NOLLE PROSEQUI meaning the case was dismissed so i don't have a record. There is a question that says have you ever received a citation, ticket etc,. I listed that on the form and the circumstances regarding the situation, it was a big misunderstanding and the judge ruled in my favor.
And I also experimented with marijuana 4 years ago 3 times, I was trying to get a job with the TSA at the time and I didn't think 3 times would affect me from getting the job but I didn't pass the drug screening, will they be able to find that out?? This was 1/2007.
Also in 06' I left a company w/o giving a 2 weeks notice but was later informed tat I was processed in the system as terminated, but I don't know how true that is. I never signed anything or received any letter stating that.
And with these 4 things would that disqualify me from getting the clearance, I mean with the leverage I have no record just a charge off and experimentation 4 yrs ago with marijuana approx 3 times.
About the termination situation an old coworker told me that so I don't know if its really true. I heard these things are all about honesty, I provided details on all the situations So I wanna know how likely my chances are
Also the company in which I am talking about is no longer in business, can they check employment files or something if the business no longer exists? |
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| Jake (California) |
on 26 Jan 2010 at 12:14 pm |
|
Mr. Henderson,
I have a job offer that will require getting a Secret Clearance. 10 years ago I was arrested in a prostitution sting. The charges were dismissed upon completion of a class and a small fine. All records have since been expunged and the court records sealed. This was all before I met my wife (who is unaware and I'd like to keep it that way) and we have two kids now. What impact will this have on me getting a clearance? Will my wife have to find out?
Thanks. |
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| William Henderson (Pacific Grove, CA) |
on 22 Jan 2010 at 11:44 pm |
|
Ralph Ellison:
Sorry, was trying to type too fast and dropped the word "not." The first part of the sentence should read, "The single misdemeanor offense probably would not result in the declination of an interim clearance." |
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| Ralph Ellison (Arizona) |
on 21 Jan 2010 at 11:31 am |
|
| Nevermind, thanks for your help. I was cleared today. |
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| Ralph Ellison (Arizona) |
on 19 Jan 2010 at 1:18 pm |
|
Mr. Henderson,
So both the misdemeanor and the debt would result in a denial, or just the debt (and possibly the anger management)? I'm a bit confused by your response.
Thanks |
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| William Henderson (Pacific Grove, CA) |
on 19 Jan 2010 at 1:22 am |
|
K.C. (Alaska):
As I just indicated below, absent any aggravating circumstance, a single misdemeanor offense is not a potentially disqualifying condition for a security clearance. The criteria for security clearance eligibility and eligibility to join the Coast Guard are not the same. |
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| William Henderson (Pacific Grove, CA) |
on 19 Jan 2010 at 1:18 am |
|
Don (Virginia):
Absent any aggravating circumstances, a single misdemeanor offense is not a potentially disqualifying condition for a security clearance. You need to report this offense to your security manager as soon as possible. |
|
| William Henderson (Pacific Grove, CA) |
on 19 Jan 2010 at 1:09 am |
|
Ralph Ellison:
The single misdemeanor offense probably would result in the declination of an interim clearance, but your formerly delinquent debts probably will. The anger management counseling could also cause an interim clearance declination. |
|
| William Henderson (Pacific Grove, CA) |
on 19 Jan 2010 at 1:00 am |
|
Concerned (San Diego):
There is a federal law that prohibits the granting or renewing of a security clearance to anyone who is an unlawful user of a controlled substance. The law does not provide for any exception or waiver. |
|
| Concerned (San Diego) |
on 16 Jan 2010 at 10:08 pm |
|
| One Quick Question, Will having my Medical Marijuana Card (Prop 215), ever influence my Likeliness of getting a Security Clearance? It is legal at the State Level but Marijuana is Illegal federally. |
|
| Ralph Ellison (Arizona) |
on 16 Jan 2010 at 1:58 am |
|
Dr. Henderson.
If you would be so kind as to answer a couple of questions regarding my security clearance application, it would be much appreciated.
I was recently hired by a federal contractor for a cleared IT position. I passed the initial company background check but have a couple of issues regarding my ability to obtain an Interim Secret clearance (required in order to begin work). I have filled out the SF86 form and disclosed all problem areas but I'm a bit leary about my chances.
1) I've had no criminal history or run-ins with the law prior to an incident which took place August of last year (2009). I was engaged in a discussion with a parking official about the placement of my car in the parking garage of a University. I kept my cool during the situation, but the parking official claimed to be "intimidated by my size" as I'm 6'8" tall. He subsequently filed a police report which resulted in the misdemeanor charge of "Threats and Intimidation." The end result is, I appeared in court and received adult diversion (10 hours of community service and 4 sessions of anger management) which must be completed by March 31, 2010.
Of Note: The person who filed the initial police report actually later called me for a meeting and wished to drop the charges (witnesses were present), however, the County Attorney refused to allow him to drop them. I didn't list this in the notes section relating to the charge though.
2) I have a few delinquent debts totalling (six or seven, all credit cards from 2005, one had a judgement issued in 2009) ~ $9800. I have just recently paid each and every debt and included this information in the notes section for each debt.
Not sure if either of these incidents (or all of them together) are significant enough to constitute denial of an interim and I'm just trying to gain some clarification regarding this issue.
Thanks in advanced |
|
| Don (Virginia) |
on 15 Jan 2010 at 7:21 pm |
|
Bill,
I was recently charged with misdemeanor assault against my 18 yr old step-son. I want to plead the case out because I cannot afford a lawyer. I've had a TS clearance for over 30 years with nothing on my record. Should i be worried about losing my clearance when it comes up for renewal in 3 years? My step-son and I got into a fight after he punched holes in our door and verbally abused (profanity) against my wife and pregnant step-daughter. |
|
| K. C. (Alaska) |
on 12 Jan 2010 at 8:28 pm |
|
| My son has started the process of joining the Coast Guard. All in all, he is a very good kid with one glitch on his record. In Dec, he was charged with leaving the scene of an accident, misdemeanor. The charges were then dismissed . We undersatnd to join the Coast Guard he must be able to obtain security clearance. Will this one recent lapse in judgement prevent the Coast Guard from accepting him? Any advice is greatly appreciated from this mom. |
|
| John (Utah) |
on 08 Jan 2010 at 3:32 am |
|
| Hello, I am coming up on my 10 year reinvestigation for my DoD secret clearance. My question, is I never told my security manager of my dui when it happend 5 years ago. I did however, notify my supervisor. What are my chance of getting a renewal? Thank You. |
|
| Amy (Holbrook NY) |
on 07 Jan 2010 at 11:37 pm |
|
In 2008 I was charged with a misdemeanor for attempting to take a pocketbook. I was 17 and the records were sealed.
I have been in the NAVY for 7 months and have clearance for the job tomorrow. If if tell all will i be removed from the NAVY? Can I still be a gunners mate?
please help. |
|
| Kyle (Pa) |
on 06 Jan 2010 at 11:32 am |
|
Bill,
I am a recent college graduate w/a sociology/criminology major, and I am applying for government jobs, many of which require top secret clearance. My past is somewhat troubling. In 2003 I got caught with small possession of marijuana in high school, but it was later expunged. In early 2005 I got an underage drinking charge, but later in court the entire thing was completely dropped. Later in 2005 around December/January 06' it was my freshman year in college and I received two more underage drinking charges about a month apart from each other. The first was changed to a disorderly conduct in court, and required a fine and alcohol classes from the school, and the second underage the officer never showed up and it was dismissed (I believe it shows as a not guilty on my record). Since 2005 I have not had any trouble with the law, except a few minor speeding tickets a few years ago. I graduated with very good grades, and I have great standings with my teachers, employers, etc. The only other thing that may be an issue is that I have occassionally smoked marijuana since high school, but over the past 2 and a half months have stopped entirely. Do you think all of this will prevent me from TS clearance?? Any input is appreciated. |
|
| Concerned ((Wash DC)) |
on 05 Jan 2010 at 12:35 pm |
|
I am writing with a question involving someone I know. I currently work in bureaucracy and have a TS/SCI and have a pretty good understanding of the adjudication process; however, I am not entirely certain of all that is considered for mitigating factors.
Over New Year's Eve, a friend of mine was arrested for being intoxicated and also got into a confrontation with a police officer. I am not entirely certain of the arrest record but there was an assault on police officer charge included. The charges were handled as a "no-paper" case in DC which means that they were never filed in court...or at the bare minimum dropped before arraignment.
My friend is an outstanding person - I mean to the utmost extent. She has no prior convictions, she has worked for DoD at the Secretary level, is finishing law school this year (and has done very well so far), and several other accolades. She wants to work as an attorney for an agency that will probably require a secret or higher clearance. I assume that she will have to report this incident despite the fact that everything was dropped/no-papered. However, my questions are:
1.) How detrimental is this to her record? Is the proximity to the time of application and/or filling out the SF86 going to prevent her from getting a clearance?
2.) How strongly are mitigating factors considered when looking at a person like this that is otherwise a model citizen who made one very foolish mistake?
I'm pulling for her very hard and don't want to see this ruin her. Thanks for any information. |
|
| Bill L. (Annapolis, MD) |
on 05 Jan 2010 at 9:58 am |
|
Zama (Germany),
Normally, yes, if your TS is denied, your Secret will be revoked. There are some exceptions to this rule, but they are few and far between in my experience. Also consider this – if you have issues that may result in denial of a TS, their discovery right now could put your current Secret in question. Whatever your issues are, I recommend you address them BEFORE considering applying for a TS. |
|
| Bill L. (Annapolis, MD) |
on 05 Jan 2010 at 9:54 am |
|
Worried (Ohio),
You have a tough row to hoe. You admit to involvement in some pretty serious misconduct. However, to your credit (and to the mitigation of the issues raised) all of your listed incidents are 6+ years old. Although you are required to list them all on your SF 86/eQIP, I think that in the long run, you will not be denied a clearance eligibility. Good luck. |
|
| justun (dc) |
on 01 Jan 2010 at 8:58 pm |
|
| bill, wondering what you though of my past and ability to obtain secret clearence. at 18 convicted of felony home invasion 2nd degree. tried under a first time offence program and the convicted is a non public case. while on probation had 2 dirty drops for marijuana and a minor in possession for alcohol. took substance abuse classes for these offences. at 21 i was convicted of possession of marijuana.at 22 disturbing the peace misdameanor. then at 23 dwi with probation. had substance abuse classes actually applied what i learned to my life. i am almost 26. is this to much of a pattern or do you think i can be considered to have interigy and be trusted? |
|
| brigson (Carson, CA) |
on 01 Jan 2010 at 10:37 am |
|
I have arrested for soliciting a prostitute, (1990). It was dismissed under a plea bargaining agreement and, in place, I plead guilty to trespassing with intent to injure property. That was bad enough, as I am a teacher, and have had difficulties getting and holing a job in that profession.
In 2002, I was getting slapped by my wife and ended up hitting her, causing me to get convicted of spousal abuse. Now I am a young 63 year old, but would still like to work in the teaching profession.
In the first charge, that was dismissed because of a difference in what was said at the scene. I had been going through a bad marriage for 10 years, and this happened just before the break up, when I was very troubled.
The second, I was clearly the real victim in more ways than one.
What are my chances of getting a job in the teaching profession, or I wouldn't mind government work.
Bruce |
|
| zama (germany) |
on 31 Dec 2009 at 2:51 am |
|
Worried to go this web site to see more of the inter workings of the adjudication process...
http://www.dod.mil/dodgc/doha/industrial/ |
|
| zama (germany) |
on 30 Dec 2009 at 10:33 am |
|
| I have a secret clearance if i apply for a top secret and i am denied, will i lose my secret clearance? |
|
| Worried (Ohio) |
on 30 Dec 2009 at 2:13 am |
|
| Bill, I have a question regarding my secret clerance application. Well, I had a horrible past and was quite a trouble maker. In 10/2003 I was charged with a 2nd Degree Felony for Manufacturing of Explosives. I was involved in something that I know was completely wrong. Yet, I was not given any punishment as the charge was dropped against me and there was no conviction. I also had a DUI while being underage at the age of 20 in 2006. Not to mention I had a lot of drug experimentation back when I was 19 years old. I'm now 24 years of age and work in Information Security. My job is requiring me to obtain this clearance. Honestly... am I shit out of luck? I'm a completely different person now with new beliefs and structure. Yet, it appears the government doesn't want to a chance regardless. Maybe if I wear a new tie? Could you please express your opinion on this. |
|
| Teddy (Denver) |
on 29 Dec 2009 at 1:49 pm |
|
Bill L,
Thanks for your response. I believe I may have obtained the records necessary to clarify the situation. Might you comment on my chances of obtaining a TS/SCI clearance with a misdemeanor conviction in 1992 along with a felony charge at the same time that was dismissed? Thanks in advance. |
|
| Bill L. (Annapolis, MD) |
on 29 Dec 2009 at 10:23 am |
|
Teddy (Denver),
Legal/court documents are notorious for being hard to read/understood by non-legal individuals, including security personnel. I suggest that you contact your attorney from 1992 and ask him/her to write a letter explaining what happened in court and offering to discuss it with anyone from your employing agency, including the command legal office. Your command security personnel are not the ultimate problem. After the investigation is completed, the case will go to the central adjudication facility for your employing agency and adjudicators there will have to decipher the court records and have the ability to request assistance from their supporting legal experts. I did so many times in my career. Good luck. |
|
| Teddy (Denver) |
on 22 Dec 2009 at 6:38 pm |
|
| I'm encountering a problem right now during my clearance process. In 1992, I was charged with theft 2nd, a felony, and a misdemeanor. Under a plea agreement, I pled guilty to the misdemeanor and the felony charged was dismissed. On the SF-86, I answered that I had not been charged with a felony because I thought the theft charge was a misdemeanor. I later found out it was a felony and disclosed this to the sponsoring agency. The problem is that the documentation on my plea deal is unclear or misleading. The security personnel believe that I pled guilty to the felony charge before it was dismissed. This seems nonsensical to me, but, in any event, that wasn't the case. If I can't straighten this out and show the agency what actually happened, and the agency believes I pled guilty to a felony in 1992, what are my chances of receiving a TS/SCI clearance? |
|
| Bill L. (Annapolis, MD) |
on 22 Dec 2009 at 8:58 am |
|
Concerned (Fairfax, VA),
First of all, stop losing sleep and rest. I do not believe your situation will result in a clearance denial. You have 2 very good mitigating factors going for you. First, your alcohol incident is isolated. Secondly, it has been at least 2 years since your marijuana use. Be honest in completing the forms and during any interviews by the investigators and you should be fine. Good Luck. |
|
| Bill L. (Annapolis, MD) |
on 22 Dec 2009 at 8:48 am |
|
James O. (Montana),
The quick answer is yes, this will affect the clearance determination. Even if it is expunged, you must list the arrest/conviction on the SF 86/eQIP. The adjudicators will look at the passage of time since the arrest, completion of all court requirements and investigators will have to obtain police, court and probation records, extending the time to complete the investigation. The adjudicative guidelines normally do not all a favorable determination if an individual is on probation/parole, so you should be completely released from probation before you apply for a clearance. Good luck. |
|
| Bill L. (Annapolis, MD) |
on 22 Dec 2009 at 8:43 am |
|
Concerned (VA),
It does not sound to me that you were “arrested” or “charged” in the meaning of the questions on the SF 86/eQIP. If you have time before submitting the form, you may want to do a Freedom of Information Act request to the police district where this occurred to see if they have any records of it. Even if they do, I do not believe an isolated incident like this will adversely affect the final determination. |
|
| Concerned (Fairfax, VA) |
on 20 Dec 2009 at 7:12 pm |
|
I am a new graduate and are 21 yoa. I was recently offered a job with a federal contracting agency and now I have to get a Secret Security Clearance. I pretty much have a clean record except for 1 charge of Underage Possession of Alcohol that happened in the fall of 2008, which I took the VASAP Young Offender Program and A Campus Alcohol Prevention class at school and now I can have it expunged off my record.
From 2001 to 2007 I had an occasional use of Marijuana less than or equal to 15 times total and have completely cut ties with those friends who could potentially jeopardize my future.....Should I continue to lose sleep over this? |
|
| James O (montana) |
on 19 Dec 2009 at 12:23 am |
|
Hello to whoever can help. in Dec. 2007 i was arrested at my job for theft. it turned out to be a felony and im on a 3 year deferred sentence/probation. The judge said that after my probation the felony theft would be expunged. im most likely going to be off probation around Feb.2010 since ive paid all restitution, fines, and anything else needed for early dismissal. my question is will an expunged felony theft hinder me from getting a secret security clearance in the air force? Im looking into Combat Controller or Tactical Air Control Party and both require secret security clearance. any answers would be great. thank you
James |
|
| Concerned (Virginia) |
on 17 Dec 2009 at 4:32 pm |
|
| Bill L. , I think you may have missed my question from 10 Dec 09. Any response? Thanks, Concerned |
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| Bill L. (Annapolis, MD) |
on 17 Dec 2009 at 10:06 am |
|
Rick S (San Diego),
Adjudicators are trained to look at a person’s entire life, good and bad, and to look at each issue in context, such as your age at the time, recurrence of the behavior, etc. If this is your only issue, I do not think your clearance eligibility will be denied. Good luck. |
|
| Rich S (San Diego, CA) |
on 15 Dec 2009 at 4:35 pm |
|
| I am applying for a civilian engineering job with the Navy. They are about to run a Secret Clearance check on me. A little over 3 years ago I was arrested for petty theft. I only received an infraction as it was a first and only offense (not a misdemeanor). Of course I will be disclosing this on the form, but is it possible to say what my chances of passing are? Am I automatically disqualified because of this incident? Or will they truly consider all the other factors that make up my character? |
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| Bill L. (Annapolis, MD) |
on 15 Dec 2009 at 10:16 am |
|
The Man (LA),
If you were not arrested/cited, you do not need to list this incident. If you are interviewed, you should be honest and let the investigators research the facts. |
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| Bill L. (Annapolis, MD) |
on 15 Dec 2009 at 10:11 am |
|
Mindy (FL),
There is not a clear answer to your question. First, it depends on the crime he was convicted of and whether or not he has discontinued similar activities and whether you knew about this prior to the marriage. I assume he is a legal alien, but his country of origin/citizenship has an effect, as well as overseas travel and financial activities in his home country. As part of your investigation, the investigators will do checks on your spouse (FBI, DHS/INS, etc) and this arrest may surface. During your personal interview, you will be asked about his background and if you are asked about the arrest, you need to be honest. |
|
| Bill L. (Annapolis, MD) |
on 15 Dec 2009 at 9:46 am |
|
Cannon81 (Texas),
The quick answer is – yes – you must list this on your SF 85P. The question on the form asks “In the last 7 years, have you been arrested … for any offense(s)?” Since you are still pending a court appearance/decision, it is important to list the arrest. The “public trust” decision may be held up until the court decision, but it should not adversely affect a final decision. A “public trust” investigation is not valid for a security clearance eligibility determination. Good luck and keep your head down. |
|
| cannon81 (texas) |
on 13 Dec 2009 at 8:44 pm |
|
Sir,
Im about to fill out my SF85P public trust and im worried that i will be blocked due to the only arrest i have ) charge was misdomeanor assualt and evading arrest because i walked away. It was more a self defense push after being shot at by water ballons by a crowd of druken college students after a rival college football game. Im on bond and retained a powerful attorney to get this dismissed. It is the only trouble i have and it happened one month before im to deploy. I plan on returning to court on my first RR in 3 months to have it resolved. Should i report this and will it stop me from retaining my SF85 clearance? Please advise i need this job and im not a trouble maker but cant afford to be held back. I just returned from Afghanistan to switch companies.
Cannon |
|
| Mindy (Florida) |
on 13 Dec 2009 at 6:07 am |
|
I am a defense contractor who currently holds a TS clearance. Recently I got married to a non US citizen who about 6 years ago was convicted and served 1 year in prison (overseas...in a European country). Since he has had no problems within the last 5 years, his record has been 'erased'...meaning you wouldn't be able to find the information on him anymore. Pretty much like it never happened.
Can this hurt my clearance? |
|
| The Man (LA) |
on 12 Dec 2009 at 10:57 pm |
|
| Would being questioned about pot found outside my house on the road be held against me? The Officer truly believed it was mine but couldn't prove it. I signed a statement about the incident which stated it was not mine. Should I discuss this? |
|
| Concerned (Virginia) |
on 10 Dec 2009 at 5:34 pm |
|
| Sir, I am in the process of my periodic reinvestigation to an active TS/SCI clearance. While updating the crimnal section of the SF86, the reporting of an incident from two years ago has become unclear. In particular, I was stopped with my wife for a broken tail light after leaving a bar. I had drank a few drinks earlier in the evening and purposely stopped at least 90 minutes before leaving. Nonetheless, I failed a field sobriety test and was taken to the station for a breathalyzer test. I was well below the legal limit and was released. I never was read my rights, never charged, never finger printed, etc. Does this constitute an arrest? If so, and I report it, will it affect my clearance? Thanks, Concerned |
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| William Henderson (Pacific Grove, CA) |
on 06 Dec 2009 at 4:42 pm |
|
Jaimie:
I believe you have accurately assessed your situation. The chances of being granted an interim clearance are much less predictable than the chances of receiving a final clearance. Interim clearances can be “declined” if any potentially disqualifying condition is present on an SF86 (Questionnaire for National Security Positions). Illegal drug possession is a potentially disqualifying condition. Although there is a reasonably good chance that you can fully mitigate this issue for a final clearance through your own explanation of what happened and through the testimony of other people regarding your drug-free lifestyle during the past several years; it is less than likely (but not out of the realm of possibility) that your written explanation in the SF86 of what happened will be sufficient to get an interim clearance. Interim Secret clearance determinations through DISCO (for all DoD contractor personnel) are made in about 3 working days. Only personnel in the Facility Security Officer’s (FSO) office of the cleared contractor are authorized to look at your SF86 (or its electronic equivalent). By DoD regulation the FSO is prohibited from disclosing information from your SF86 to anyone outside the FSO’s office. Of course no one can guarantee that everyone follows all the rules all the time. When DISCO declines to grant an interim clearance they do not indicate the reason for the declination. It seems to me that the only potential downside to risking a clearance application for this job is the possible negative effect on your reputation at this company. |
|
| William Henderson (Pacific Grove, CA) |
on 06 Dec 2009 at 3:56 pm |
|
Nikki:
On the SF86 (Questionnaire for National Security Positions) the police record questions specifically states that you must list a conviction even if was later expunged. The only exception to this is an expungement under federal law for certain federal drug offenses. Since you were charged with a felony offense (even though you were ultimately convicted of a misdemeanor), you must answer “yes” to question 22c on the SF86. This question asks, “Have you EVER been charged with any felony offense?”
Provided you have not been involved in any other criminal offenses or incidents involving violence by you, I think you have a fairly good chance of getting a final security clearance, but an interim security clearance may be difficult for you to obtain. When you apply for federal employment, there will also be an employment suitability determination based on the general criteria at 5 CFR 731.202 and possibly some job-specific suitability criteria. Usually they can use the same investigation for both the employment suitability and the security clearance determinations. |
|
| William Henderson (Pacific Grove, CA) |
on 06 Dec 2009 at 3:39 pm |
|
Myself:
The nature of the offense and the circumstances surrounding it are much more important than the outcome (PTI, dismissal, fine, jail, etc) in the criminal justice system. A single misdemeanor offense is not usually considered a potentially disqualifying condition for a security clearance, provided there are no aggravating factors, such as alcohol, drugs, firearms, explosives, etc. For a secret clearance a misdemeanor offense without any aggravating factors that occurred more than 7 years ago (10 years for a TS clearance), does not have to be listed on the clearance application form.
An arrest is often recorded in a number of different places: the records of the city police department that made the arrest, the records of the county jail where “bookings” often takes place, a state’s central criminal records center, the FBI, and the criminal court where the complaint/charge is filed. Some of these records may be maintained for decades before they are purged.
Every law enforcement agency (federal, state, or local) has different employment suitability standards. You need to find out those standards from the agencies you are interested in. |
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| William Henderson (Pacific Grove, CA) |
on 06 Dec 2009 at 3:18 pm |
|
Steve:
Two or more misdemeanor offenses in the past 7 years is a potentially disqualifying condition for a security clearance. Illegal drug possession is also a potentially disqualifying condition. However, based on the information you provided, I believe you should be able to mitigate your 2003 offense by showing rehabilitation as evidenced by “passage of time without recurrence.” (I hope the woman in the rental car with you was not a prostitute.) You might be able to mitigate the second offense if you can persuasively show (through the testimony of others) that you have never had any involvement with illegal drugs and that the cocaine was not yours. If not, one year is the bare minimum recommended period of abstinence from illegal drug involvement when the involvement was only experimental.
If an interim clearance is needed for the job, I think your chance of getting one is poor. |
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| Myself (New Jersey) |
on 03 Dec 2009 at 1:36 pm |
|
| I forgot to ask how completion of PTI would affect Security Clearances. |
|
| Myself (New Jersey) |
on 03 Dec 2009 at 1:33 pm |
|
| I completed Pretrial Intervention in the state of NJ. My question is whether or not this would represent a problem when applying for federal law enforcement or law enforcement in general. I am 26 now and this event occurred around the age of 18 or 19 and PTI was completed within the following two years of being 18 or 19. I am hoping that I did not waste time paying for a 4 year degree in criminal justice. Also, I hear that arrests only stay on record for a certain time. Is this really true? As I did not believe so. |
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| Nikki (California) |
on 02 Dec 2009 at 7:13 am |
|
Greetings:
In 2003, I made a plea deal on a felony charge and my official conviction was Felony Assault. I was given 45 days community service, restitution, anger mangement, 3 years probation and time served. I was informed by the judge that if I completed my community service, restitution and anger management class within 1 year, that he would reduce it to a misdemeanor. I complied, the conviction was reduced and he placed me on minimal supervision probation (just had to swipe my card at a kiosk once a month).
At the reduction hearing, he then informed me that if I had no further issues over the next year, to return and he would consider expunging it from my record. Again, I complied, returned and he granted the expungement.
Since it's been expunged, do I have to answer yes that I was convicted of a crime? If so, do I list it as a felony or a misdemanor?
I have been working for a government contractor the entire time (without a security clearance) and want to take the skills I've learned to work for the military (as a civilian) or other investigative/protective agency and am wondering if it's a waste of time.
Thank you in advance for your advice. |
|
| Jamie (US) |
on 01 Dec 2009 at 9:47 pm |
|
Thank you in advance for providing this great QA resource on a very stressful subject for many active duty, federal employees, contractors, and potential applicants.
My question deals with obtaining my first Secret clearance (specifically a quickly approved interim one) after working within the DoD as a Federal Employee and Contractor for over 6 years.
The potential issue lies with a misdemeanor offense for marijuana possession that I received early in 2007. The details are as followed, and I apologize for their length.
I agreed to let an old boyfriend from college stay at my apartment while he was looking for a job in the area. After a quick move in, I noticed that his habits hadn't necessarily changed since we were in school together well over a decade ago. He was a constant stoner, and spent the day smoking in my apartment while I was at work. I knew this was a problem, seeing how I hadn't used marijuana in over 15 years, and was working for the DoD. I did not partake in his smoking habits and actually spent most of the time elsewhere in order to stay away from him. After about a month of this, I decided I needed to evict him due to our incompatible lifestyles. Unfortunately, and to my horror, before I could act on this I was issued a misdemeanor summons for marijuana possession after unwittingly signing for a package addressed to me. Apparently my charity case had been ordering and transporting packages of marijuana to my apartment, in my name, unbeknown to myself.
I was charged with possession while he was away, and despite my protests saying I had nothing to do with it, I had landed into quite a pickle. My old "friend" returned the next day and immediately skedaddled before police could question him. I did not hear about him again until a few months later after he had committed suicide.
My lawyer wasn't much of a help, and the police insisted I was an accomplice due to the shipment arriving in my name, and the lack of any corroborating evidence to support my denials. I was advised and then pressured to take the first offender program offer, resulting in a years worth of successful drug tests, community service, and the eventual dismissal of the charge.
This brings me to today, where I am looking at accepting a new contract position on the condition that I can be granted Interim Secret Clearance upon the awarding of said contract. Do I have any chance at all of obtaining an Interim Clearance? Does it look odd that I list my dismissed charge while steadfastly denying any use of illicit drugs within the last 7 years? Surely it must, and I'm afraid to follow through with the job offer due to a potential setback on obtaining an Interim clearance. With the exception of this black mark against my record, the rest of my history is considered rather stellar.
I'm pretty sure I'd be granted clearance eventually, but what I'm worried about is the Interim part, which obviously requires a clean and safe report. I'm also worried about an investigator not believing my story as the justice system failed to earlier. My additional concern is a loss of reputation with the contract company seeking the award.
Any advice is duly appreciated, as this scenario is torturing me and causing a lack of sleep.
Regards,
Jamie |
|
| Jason (New Jersey) |
on 01 Dec 2009 at 11:19 am |
|
Hello William,
I am thinking about joining the Coast Guard in order to obtain my security clearance. There are a few items on my record that are very unfavorable. Firstly in August of 2001 I was working at Kinko’s on the overnight shift, got bored and put a twenty on the scanner, printed out one single sided copy, then destroyed it. Thirty days later at around 5:00 AM on September 11, 2001 the two Secret Service agents showed up, I was questioned until around 9:10 AM then released. On October 23, 2001 township police came to my house and I was arrested and charged with the following three offences Criminal simulation, conspiracy and fraud. Because my actions were only a one-time occurrence, one evening the charges were dismissed following the completion of a PTI program. I am having the incident expunged from my record which should be completed by the end of the month.
Secondly I was arrested on December 23rd 2006 for DUI. I was found guilty of being visually impaired due to the reading from the breathalyzer being grossly out of calibration (so much so I would have died of alcohol poising at half the level it read). I lost my license for 3 months and a fine.
Finally in July of 2005 I was arrested for public urination in Philadelphia, paid a fine and had to serve 30 hours community service.
I wish I could change the mistakes I have made but I cannot. I feel that being faced with the consequences I now fully understand and have a deeper respect for the law and my actions. In your opinion would I have a chance or would it be or waste of time. |
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| Bill L. (Annapolis, MD) |
on 30 Nov 2009 at 2:39 pm |
|
Marty (Chantilly, VA),
The question on criminal conduct (22.a) on the SF 86/eQIP is confusing as it is a 3-part question which can be interpreted several ways. You probably should have answered “yes” but it seems to be a minor offense and should not hinder your employment or security clearance. The offense will probably be discovered during the local police checks and you may be interviewed about the circumstances and why you did not list it. |
|
| Bill L. (Annapolis, MD) |
on 30 Nov 2009 at 2:29 pm |
|
Terrified (WV),
First of all, don’t be – terrified, that is. Your incidents 8-10 years ago should not have an affect on a security clearance, position of trust, CAC, or IT position requirement, unless the incidents involved espionage, child abuse or child porn. Time heals most wounds. I understand the background check for a CAC. And the “law checks and credit check” refers to an investigation for a Secret clearance. You will probably be interviewed by an investigator to amplify the incidents you listed on the SF 86/eQIP. National Guard positions may fall under DHS and more extensive background checks may be required. I do not understand your Security Officer not being up-front with you on what is required and why – that is just bad business in the security world. In my opinion, if the events you cited are your only problems, you should have no problem getting a Secret clearance eligibility. Good luck. |
|
| Terrified (WV ) |
on 30 Nov 2009 at 12:48 pm |
|
Hello,
When I was 18 and 22 I got a DUI and at 20 I received a simple possession of marijuana. All was during college and while my mother was dying or just died. I was a stupid kid with no coping skills. Otherwise I have excellent credit, excellent job performance/ history, never left the country, no foreign ties etc. Anyways I paid my dues, have grown up and refrained from all people and activities which were getting me in trouble. Now I am 28 yo and was hired at the National Guard as a state employee on 6/2009 as the GIS Coordinator. Neither the job posting nor the anywhere in the hiring process was there any mention of a background Investigation. A couple days after I started working I was asked to fill out an SF85, OF 306, fingerprint card etc. All I was told had to go through in order to get my CAC. After 4 weeks I was called to go get my CAC and I thought all was well. (although, later I had heard that the 7 new hire’s stuff has not gone anywhere yet)
Well on 11/09 I was contacted by my Security Officer and he said they needed to perform a “Law Check and a Credit check” and that I needed to fill out an SF86 for the past 10 years, I did so and I have been truthful about everything. I asked what kind of security I am being processed for and have not heard back. I am terrified because it seems that I am being processed for an SSBI and a TS clearance.
Is it possible that they are just covering all bases and are processing a lower security than TS or even a non-clearance? What does my background sound like to a trained investigator, i.e. how significant is my past? Why would they hire me then do a Security Clearance when it could turn out to be a HUGE waste of time for everyone?
Thanks again,
Terrified |
|
| Marty Stevens (Chantilly, Virginia) |
on 28 Nov 2009 at 11:37 pm |
|
I was charged with Petit Larceny for shoplifting last year and the charge was null prosecuted (nolle prosequi) in Virginia Fairfax
County Court.
I do not have any other charges or any other criminal record.
I currently have an active security clearance for a contractor
position with DOD. I had to fill out the SF 86 again last month for
another contract position with Dept of Homeland Security.
I left the question (#20) in SF 86 regarding Criminal/Police record
blank as I was only issued a summons to appear in court but
was not arrested as such.
Please advice if I should have filled the question with the
charge and stated the conclusion as nolle prosequi ?
Thanks
Marty |
|
| Bill L. (Annapolis, MD) |
on 27 Nov 2009 at 3:04 pm |
|
Malcolm (MD),
I wish there was an easy answer to your query, but there are too many unknowns. In general, when a military member is incarcerated due to a conviction, their clearance eligibility can be removed without due process and an entry made in the database called JPAS. So it is possible that your command reported your incarceration to your military adjudication facility and your TS/SCI was removed. It is also possible that your command security office was too busy with other actions to report and JPAS still reflects your TS/SCI. Either way, your circumstances require a new adjudication to validate your eligibility for a new job/position. Adjudicators would be looking hard at your conduct subsequent to your release from confinement, as well as the circumstances of the offense. I suspect your 90 days was due to a court-martial conviction vs. Article 15. Either way, you must admit the incident on any federal application for employment, SF 86/eQIP, or application which asks for a criminal record. You can also request your invstigative/adjudicative files under the Freedom of Information Act. Search the internet for the military adjudication facility that had jurisdiction over you for procedures/address. The one for the Army is at Fort Meade, MD. Good luck. |
|
| Steve (New York) |
on 27 Nov 2009 at 11:57 am |
|
Dear Mr. Henderson
I would appreciate your assistance regarding my situation.
Regarding Security Clearance and back ground checks: The questions on a job application: “Must have the ability to obtain secret clearance”? I’m seeking employment with an overseas US Military Contractor.
I have 2 Misdemeanors within the last 7 years:
1. Soliciting prostitution. I served 37 days in a county jail for not paying a fine. I was offered by the judge to pay a fine and the charges would be downgraded to jay walking. In defiance to the charge I did not pay it. This was in 2003.
2. Procession of cocaine (less than a milligram of cocaine was found in my rent a car by police officers). While on vacation in Las Vegas I met a woman in a night club. We left the club and were going to my hotel. As we were driving we notice the police following us, I made a turn she asked me to stop and got out of the car and walked away, a few seconds after I was pulled over by the police and was asked could they search the SUV, having been drinking at the club I agreed and they found the sustain under her seat, less than a milligram of cocaine. I was detain for 12 hours and charged with a possession of cocaine, a misdemeanor. I had to pay a fine, was given 1 year probation and completed an alcohol and drug education course given by the court this was in Aug 2008.
Other than that I have a clean criminal record and no outstanding debts or child support issues, also, during my 10 years military service I held a Top Secret SCI clearance this was over 10 years ago. I have 5 years of overseas work experience with American contractors who did not require a security clearance. They also worked on US Military contracts in Kuwait, Iraq or Afghanistan. Here is my concern does these offensive disqualify me from getting a Security clearance with the US Military and with the company Science Application International Corporation (SAIC) an overseas contractor who’s contracted to the US Military overseas i.e. Kuwait, Iraq or Afghanistan?
I truly regret and feel ashamed my past behavior.
Thanks you Steve |
|
| William Henderson (Pacific Grove, CA) |
on 25 Nov 2009 at 10:02 pm |
|
Malcom:
Sounds like a felony to me, but I don’t think it will make much of a difference whether it classified as a felony or a misdemeanor. Because it happened less than 7 years ago, you will have to list it on a clearance application form. Adjudicators are more concerned with what you did and the circumstances surrounding your actions, than they are with the exact classification of a crime or the sentence that you received. In any future clearance investigation your criminal conviction and sentence will appear when your military records are checked. It will probably also show on your FBI rap sheet and the Defense Central Index of Investigations.
Normally when a person leaves a position where a security clearance was required, their clearance terminates. If they leave after a serious unfavorable incident or while an unfavorable condition existed and an incident report regarding the matter was submitted, their clearance status usually changes from “active” to “loss of jurisdiction,” which is essentially the same as not having a clearance and not being eligible to have the clearance reinstated. |
|
| Malcom (MD) |
on 19 Nov 2009 at 4:32 pm |
|
| While on active duty I plead guilty to larceny (over $500), fraud, and conspiracy for taken a little too much TDY. I believe I still possess a Top Secret Clearance with SCI but unsure. I served 90 days in military confinement. I have not got a definite answer from any lawyer on if the charges will show up publically, and if it would be considered a felony or misdemeanor. Also I am curious if I will lose my clearance. The offense happen over a 1.5 years ago. |
|
| Dave (san francisco ca) |
on 17 Nov 2009 at 5:57 pm |
|
Thank you Bill and Mr William Henderson. For running this and it is so help full for people like me.
I will definitely buy your book William Henderson |
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| Bill L. (Annapolis, MD) |
on 17 Nov 2009 at 12:53 pm |
|
Dave (San Francisco CA)
You have raised several questions which I will try to answer in order. First, in my opinion, your single incident of criminal conduct should not result in a clearance denial. Second, you state your 1997 arrest was a misdemeanor. Therefore, the felony question does not apply and can be answered “no”. Third, the SF 86/eQIP questions regarding non-felony criminal conduct are restricted to the past 7 years for a NACLC (for a Secret clearance) and 10 years for a SSBI (for a TS clearance), and your 1997 arrest does not fall into either of these time frames. Finally, any information you put on your SF 86/eQIP will be reviewed by someone in your company for completeness. You can not be terminated for listing past criminal conduct unless you lpreviously lied about it on employment forms. It is a violation of the National Industrial Security Program Operating Manual (DoD 5220.22-M) to use such info for other than security processing. Good luck. |
|
| William Henderson (Pacific Grove, CA) |
on 16 Nov 2009 at 11:09 pm |
|
Eduardo:
Yes. Sexual harassment at work can be a potentially disqualifying condition for a security clearance. All military officers must be eligible for a Secret clearance. Professional employment at the FBI usually requires a TS clearance.
Workplace sexual harassment is covered at Guideline E: Personal Conduct of the Adjudicative Guidelines. Potentially disqualifying conditions include: (2) disruptive, violent, or other inappropriate behaviors in the workplace and (3) a pattern of dishonesty or rule violation.
That doesn't mean that you will be denied a security clearance just because of an allegation of sexual harassment. The nature of your conduct and the circumstances surrounding your conduct will have to be evaluated in light of all other aspects of your life. |
|
| William Henderson (Pacific Grove, CA) |
on 16 Nov 2009 at 10:57 pm |
|
Kevin:
No. Probation and imprisonment are two completely different things. In fact misdemeanors by definition are offenses that carry a maximum sentence of less than one year in jail. Here is what usually what happens when a person is found guilty of a misdemeanor offense. The judge sentences the person to xx days in jail, then suspends the sentence and places the person on x months or x years of unsupervised (summary) probation. The terms of the probation can be: pay a fine of xx dollars, perform xx days of community service, attend a class, and obey all laws for the period of the probation. If the person violates the terms of probation, the judge can impose the original sentence that was suspended. |
|
| William Henderson (Pacific Grove, CA) |
on 16 Nov 2009 at 10:42 pm |
|
Fabi:
You must list your illegal drug charge regardless of whether it was expunged at the local, state and federal levels. The only exception to this rule is when a person is charged in federal court for violating a federal drug law and the case is later expunged. This exception does not apply to you, because your offense was charged in a state/local court as a violation of state law.
Sometime early next year a new SF86 will be issued and the question regarding drug-related offenses will be changed and limited to only 7 years. |
|
| Fabi (IN) |
on 15 Nov 2009 at 1:39 am |
|
Mr.Henderson:
I was arrested for Marijuana charges when I was a minor.
My record is getting local, State, and FBI expungement.
Meaning that fingerprints will not be in the database system, I talked to the FBI about this and they said that I could still join the Military, since my record is expunged at the FBI level and that I am only seeking secret clearance. They only go back 7 years and I would have been 9years at time of Expungement.
plus, I live in a different location now.
Do I have to have my record expunged in a federal Court in say No on sf-86?
any thoughts or advice is appreciated. |
|
| kevin (san diago,ca) |
on 13 Nov 2009 at 5:08 pm |
|
Is there any time frame the new proposeds Form sf86 form which is on draft now will be used.
I am OK with the current SF 86 version 2008. But I have an issue Draft SF 86 for 30-day Federal Register Notice. When is the OPM going to start the new form
The concern which I have is on the form under the police record says " Have you ever been convicted in any court of the United States of a crime for which you were sentenced to imprisonment for a term exceeding one year?
I had misdemeanor 11 years a go and fined for $400 and 2 years probation. My question is did a probation considered imprisonment and this may impact me in getting Security Clearance. and when are they going to use the new version of sf86 form
thanks |
|
| Eduardo (Utah) |
on 12 Nov 2009 at 10:37 pm |
|
I was fired from my job due to sexual harassment allegation, I made the mistake to get involve with somebody at my job then things got ugly and she did the best for her and get me fired, I have no criminal record, even my employment record is good but this situation is the only thing that I don't know if will be a problem to obtain a TSC and work for the FBI.
Can you tell me if this is something that can affect my opportunities to work for the FBI or join the ARMY as an officer?
Thanks |
|
| Dave ( San Francisco ca) |
on 12 Nov 2009 at 10:14 pm |
|
I worked for this company for 15 years no SC required. But now my company get contract and requires a Secret Security Clearance. There is opening for a position which is I am qualified and I was told by my company to fill out FS86 form to get a security clearance ( I have the option not to do so and I will not get the new position which is bud prevent me from growth)
Here is my concern 1997 I was charged with a misdemeanor this was solicitation on sex PC647B. Was fined $450 paid, five days community service and Completed the one year probation with out any problem. Since then I never had any problem at all. And I did expunge this in 2004
Here is my concern 1) did this prevent me from getting security clearance. 2)what would be your advice on answering this question The question on the form (SF 86/eQIP) is “Have you ever been charged with or convicted of any felony offense?” 3) Will my employee have access to the information I put on sf86 form.
I don’t want to loose the current position by trying to get the other position which require SC. I really need your help |
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| William Henderson (Pacific Grove, CA) |
on 06 Nov 2009 at 10:04 pm |
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MMM:
No, it's not an easy decision. They are trying to evaluate your willingness to comply with rules and regulations. The main concern is not whether you will sell secrets to a foreign power; it whether you will follow security procedures and properly safeguard classified material. In your particular case they are also evaluating your suitability for employment as a Special Agent, which is a completely separate determination--perhaps with higher standards than required for a security clearance. I recommend you read my article on "Employment Suitability Versus Security Clearances."
According to the FBI, they are completing clearance processing for Special Agent applicants in an average of 63 days for the fastest 90 percent. |
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| William Henderson (Pacific Grove, CA) |
on 06 Nov 2009 at 9:52 pm |
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Cameron:
I recommend you read the 2nd part of this article (see the link at the top right corner of this webpage), particularly the section that deals with rehabilitation. You currently have a chance of getting a clearance, albeit only a poor to fair chance. You rchance of getting a clearance in the future will improve. The more time that goes by without any criminal conduct, the less likely you will be involved in criminal conduct in the future. A security clearance determination is an attempt to predict future conduct based on past and current conduct. |
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| Cameron (SLC, UTAH) |
on 03 Nov 2009 at 12:56 am |
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| I am very concerned for my future as I made several mistakes when I was younger. I am almost 29 and 5 years ago in 2004 I was charged with three misdemeanors. Two came from the same arrest; Disorderly conduct and a threat charge. The other one was a larceny charge I received after using a check card that didnt belong to me. I currently hold a bachelors degree in Computer Science and have been applying to many jobs that require a security clearance. I dont believe my chances are that great at this point, but, however, will they be better with time? Or am I out of luck indefinately trying for a job that requires a type of clearance? |
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| mmm (ny) |
on 30 Oct 2009 at 10:56 pm |
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I am in the BI stage for SA position with FBI.
I am told I am close to final approval. Last follow up question I had was asking about my traffic violations. Apparently I have had 10 over the last 15 years. All were either simple speeding or improper turn, not coming to a complete stop. At least 3 or 4 were dropped in court. 2 were just warnings and others I took school for.
My license currently has no points or anything on it. Last ticket was a year ago.
Will this prevent top secret clearance? I have passed everything else. I have been in BI for 7 months. Why wouldn't they make a decision on traffic violations sooner, isn't that a easy decision one way or the other? |
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| Bill L. (Annapolis, MD) |
on 27 Oct 2009 at 10:26 am |
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Not an Alcoholic,
Your stated abuse or alcohol/alcohol-related criminal conduct appears to be sporadic, not habitual. Your “life skills counseling” and reduction in alcohol consumption are good actions on your part and will be looked at as favorable mitigating actions. Additionally, your access to alcohol while deployed will be very limited. I am sorry for your situation. Obviously, your employer either neglected to inform you about clearance requirements or did not do a good job in your in-processing. My opinion is that you will eventually get a clearance eligibility, but how long that takes is unknown. Good luck. |
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| Not an Alcoholic (midwest) |
on 22 Oct 2009 at 11:13 am |
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| So if i am denied an interim, do you think i will be able to get my final? I have been doing some life skills counseling since my last DUI arrest (about 6 months or so). This has taught me to plan when i do drink and has also gotten me to not drink or drink N/A beer when doing activities that i normally associate with drinking. I am kinda aggrevated about all of this. This being the fact that i leave in 2 weeks and we are just now starting this. I have everything done and in order. Medical, immunizations, passport, visa, and all the required training. Ive sold my house and have turned down some potential jobs to do this. Im not understanding why this is just being started now and not 2 months ago when i was selected. I am very stressed about this. |
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| Too Many Skeletons for Public Forum (USA) |
on 20 Oct 2009 at 3:52 pm |
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Mr. Henderson,
I would like to obtain your advice privately via your private Q&A service, because I don't want my dirty laundry aired all over the internet. I did see that you still require my full name, address and phone number to use this service, and I'm a little apprehensive about why. Is this information going to be passed on in any way? Am I going to have to worry about its becoming part of my SSBI and adjudication later on (yes, I understand that I will have to disclose all of that information anyway)? Worse yet, if I decide I have no chance and opt not to try and obtain clearance, is divulging this sort of information going to hurt me in any way? |
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| Bill L. (Annapolis, MD) |
on 20 Oct 2009 at 1:30 pm |
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Not an Alcoholic (midwest)
You raise several questions. First, the question on the SF 86/eQIP asks “Have you EVER been charged with any offense(s) related to alcohol or drugs?” Obviously, you need to answer “yes” and list all alcohol-related arrests. The 2 DUIs will probably show up on your FBI check. My opinion is that you will be denied an interim. My opinion also is that OPM will be unable to complete your investigation due to your location overseas where they have not had investigative assets/authority. Normally, criminal conduct incidents require the investigation be expanded to include a personal interview. If they are able to complete the investigation, some adjudication facilities do process adverse clearance actions (intent to deny clearance) even for deployed personnel and some do not. Your orders for deployment should state if you need a clearance for the duties you are expected to perform. If you are military, you could be detailed to uncleared duties. If you are a civilian/contractor, you could be sent home. Your security manager should have access to JPAS and can monitor the progress of the investigation and adjudication. Good luck and keep your head down. |
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| Not an Alcoholic (midwest) |
on 19 Oct 2009 at 9:32 pm |
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| I leave for Afghanistan in a couple of weeks and am just now being told about doing the security clearance form SF-86 and will be getting the fingerprint thing in the mail. I am really nervous about this as i have had many run-ins due to alcohol. First question is do i have to report incidents over 7 years? I had a dui 6 months ago and another one about 7 years ago. I also had 2 mips before i was 21 and a open container when i was 21 or 22. I am 30 years old now and everything happened back in my college years except the recent. I took an evaluation and wasnt required to goto treatment. I am a social drinker that drinks primarily on the weekends, but definitily not every. My questions are, is it possible to obtain my clearance? Interim? What if im already over there and they deny me my clearance? How long will it take to know if i will get clearance? Is it possible that i will be able to have the job if i dont get clearance? Thanks |
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| Patrick (Newark, DE) |
on 14 Oct 2009 at 9:53 pm |
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I am currently being recruited for a position at a defense contractor and like many people my past is somewhat flawed. So that you know what I am dealing with I explain the whole story below. I am extremely embarrassed this occurred but I have done my best to get my life back on track and I think I have done a good job so far.
When I was 17 after many drinks I had some sexual activity at a party that I deemed consensual, however, the next day I was arrested for sexual assault. Apparently after I left the party, the female was beaten by her boyfriend (which I was unaware she had and unaware he was at the party) and she ran out of the house and was picked up by a passer by and brought to the hospital. When asked if the sexual activity was consensual she responded no. I plead guilty to sexual assault in the third degree, a class D felony in my state. I was given 3 years probation and never incarcerated. I would like to point out that there were many mitigating circumstances in this case and the fact that I was never incarcerated and that I was only charged with a class D felony should speak to that. I was also pardoned of the offense a few years ago.
I am now 33, have not had any other involvement with the police other than some traffic tickets and have decent credit, some school loans and a couple of late payments while I was a starving grad student but not for years. I obtained a PhD in Electrical Engineering and no drug use since I was a teenager. So like everyone else here, I want to know my chances of getting an interim and final security clearance especially since I was granted a pardon? Also, this happened so long ago, how do I obtain the records so that I know exactly what to disclose? |
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| dave (athens) |
on 08 Oct 2009 at 11:21 pm |
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| I am in the process of comepleting my associates degree in foreign languages (spanish/arabic). I want to join the army or navy reserve and serve as a linguist/translator, but i have had two previous misdeamor convictions or marijuana.On the first conviction I was not taken into custody but issiued a ticket ( i was with a friend of mine and he got pulled over with me in the car, and the police found the marijuana and i told them it was mine because os was) I was not finger printed, but i did have community service, probation, fines, ect. The second offense was 12/30/05 and was caught and arrested or the exact same offense, and recieved 1 year probation, comunity service, fines, ect. I have since cleaned up and have not used drugs or gotten in any trouble save for a few speeding tickets which have been paid. However i recently requested a criminal background check on my self from the local police department and there is only one thing on there the second marijuana dismeanor conviction. Is there any way possible for me to gain TS so that i can have one of these jobs with the military. |
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| Bill L. (Annapolis, MD) |
on 01 Oct 2009 at 12:41 pm |
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Dice,
It appears that after a traumatic teenage time, you now have things together. First, whatever information you list on your SF 86/eQIP is for security processing only. This information should be protected by your security manager and is not for discussion/publication to others in the unit. If you list something like “I do illegal drugs daily and have crack in my pocket”, the security personnel may be bound to inform the commander as a safety issue to protect others in the command. Otherwise, your information is private and for investigators to check out.
Questions on the SF 86/eQIP are usually specific, such as “in the past 7 years…” or “have you ever..”. You should follow these questions and any instructions by the security manager in completing the form and be honest on all questions. If the incidents you describe are the sole issues in your life, they should not stop you from being granted a clearance eligibility. Lastly, investigators are not supposed to interview family members regarding your background except to verify periods of unemployment/residence or if referred by other references. Good luck. |
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| Bill L. (Annaplois, MD) |
on 01 Oct 2009 at 12:29 pm |
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Budda (Utah),
Unfortunately, I do not see an immediate favorable outcome for you. Generally, as long as there is an ongoing judicial proceeding, adjudicators will not render a final favorable determination. Working with your attorney is the key and asking him to provide final disposition of your case to the adjudicators may be of benefit. Also, remain vigilant on your bankruptcy payments and provide status reports on your compliance to the adjudicators. Good luck. |
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| Bill L. (Annapolis, MD) |
on 01 Oct 2009 at 12:22 pm |
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Someone (Utah),
The question on the form (SF 86/eQIP) is “Have you ever been charged with or convicted of any felony offense?” Regardless of the judicial outcome (dismissed, probation before judgment or convicted of a lesser offense), if the initial charge was a felony, he must list it. It will probably show on the FBI check, so I suggest he list it and explain when questioned. I do not think this single offense will prevent him getting clearance eligibility. Good luck. |
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| someone (utah) (utah) |
on 28 Sep 2009 at 3:10 pm |
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| My husband has had an interview with a company that contracts for the DoD. 14 years ago (he was a stupid 17 year old) he committed a sex offence. He was convicted 10 years ago for it with a misdemeanor. He is very qualified for the job, but worried that the background check will either not get him the job, or not get him the security clearance needed for it. He is a very good man and very embarrassed by his record. Does anyone know anything about this? |
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| Budah (Utah) |
on 25 Sep 2009 at 11:24 pm |
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| I work overseas and applied for a security clearance for another job. I was denied clearance due to a charge that I was unaware of. I am in a bankruptcy and included every debtor that I knew and one of the debtors filed criminal charges against me that I was unaware of until I got the clearance and so it seems as though I lied on my clearance application, but I was not aware of the charge, I have not been to court or anything because I am overseas. I am working with an attorney over the phone to try and get this cleared up, they told me that they may be able to get it reduced to a misdemeanor...will this and/or my chapter 13 keep me from getting a secret security clearance? If I loose my job I won't be able to repay the debt that should have been in my bankruptcy. Is there any why I can fix this? Please provide any assistance...thanks! |
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| dice |
on 15 Sep 2009 at 10:01 pm |
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| another question: will my employer (potential supervisor) or other colleagues have access to the details of my security clearance process/investigation/forms? does this apply even if I pass clearance, or if I don't pass clearance? Thank you. |
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| dice |
on 15 Sep 2009 at 9:54 pm |
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| I am being recruited for a position that requires TS/SCI clearance. I have great credit, an American husband, and a recent PhD degree. However, I have a few factors that make me leery of this process. 1) 18 years ago, my h.s. friends and I were caught with alcohol on our breath at a subway sandwich place. the cops came, called our parents, took us to the station where the parents picked us up, and that was it. no community service or fine. I was 15 at the time. was that even an arrest? do I have to report that? 2) I was hospitalized for a suicide attempt shortly therafter (at 16). It was idiotic. I was released per law, after 72 hours. This was shortly after my mother's own suicide and a series of other family traumas. 3) I have otherwise no history of any issues, but life certainly looks complicated on paper--deceased mother, my two "reactive" incidents, and I am not close with my family nor would I expect a rave review from them, as our relationship has always been tenuous or hostile. No criminal or questionable incidents or events since 18 years ago during that very difficult time in my childhood. Do I report events from 18 years ago/how do I report them tactfully/will they be uncovered anyway? Do I stand a chance? |
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| Bill L. (Annapolis, MD) |
on 08 Sep 2009 at 2:07 pm |
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Drew (MD),
OPM investigators have limited access to medical records under both their own guidelines and the HIPAA (Health Insurance Portability and Accountability Act). In most cases, medical records checks involving mental health and/or alcohol/drug abuse are reviewed by a medical professional who provides responses to limited questions from the investigator. The investigator's basic question is "Does the person under investigation have a condition that could impair his or her judgment, reliability or ability to properly safeguard classified national security information?' If the answer is no, the check is complete. If the answer is yes, the followup question is "If so, describe the nature of the condition and the extent and duration of the impairment or treatment. What is the prognosis?" If the information gathered during this process is a concern to the adjudicator, they can request an independent medical evaluation by a credentialed medical professional to help resolve the issue. |
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| drew (md) |
on 04 Sep 2009 at 5:08 pm |
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| can these guys look up my medical records? |
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| concerned |
on 04 Sep 2009 at 8:58 am |
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| I've been hired for a job with the department of commerce. The position requires a preliminary security clearance and I recently completed the SF-85P form. Section 11 asked about drug use within the last year, and I disclosed that smoked marijuana once. My answers up to this point have been completely honest, but I'm concerned that they will ask me about prior drug use in my security interview. I used cocaine once a year and a half ago and occasionally used marijuana up until a year and a half ago. Do I need to be concerned? Thank you. |
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| drew (baltimore) |
on 02 Sep 2009 at 2:47 pm |
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| Yeah, I really hope not. I was looking into the IT jobs yet again today, and most of the jobs that are Cryptologic Techncian - (insert speciality here) had a Top Secret clearance level. There is an IT (information systems specialist) job, which actually the one that i wanted that only requires a Secret clearance. Since I was being told that I couldn't do IT or Intelligence, that I qualify for the hardest program to be eligible for/get into, which was the Nuclear Engineering program, being a mechanic, electrician, or electronics tech. These jobs require Secret, which I already have an approved waiver for. So, I'm pretty sure that I can get secret, but it'd be even cooler if I could get Top. Also, the Air Force seems to have way cooler computer jobs... but I kinda want to spend time on a carrier. |
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| Bill L. (Annapolis, MD) |
on 01 Sep 2009 at 11:49 am |
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Drew (Baltimore),
Your offense should not prohibit you from getting a clearance. It sounds relatively minor in nature and is now over 2 years old. However, it is important to list this offense on the forms. The instructions regarding criminal conduct questions tell you to "report information regardless of whether the ... charge was dismissed." Regardless of the judicial outcome of the case, it will probably show up during the criminal record check or FBI check. |
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| drew (baltimore) |
on 01 Sep 2009 at 1:03 am |
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| In June of 2007, I was charged with possession of 1g of marijuana. I completed a 6-month program to avoid a conviction and succeded in doing so, resulting in a nolle prosequi. I am attempting to join the navy with an IT job since I am already halfway to my computer science degree (over 60 credits) will this charge bar me from a top secret clearance (required for the jobs i am seeking) even though i was never convicted? |
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| Roger (MI) |
on 31 Aug 2009 at 8:18 pm |
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Thank you very much, Mr. Henderson. When I preciously applied for clearance two years ago, I added the expunged case in the additional information section because it was more than 7 years ago at that time.
In form SF86 I did not see any section where you can additional information. Because this case was over 12 years ago, even though I am not required to include it, should I be better off sending a letter with this additional information?
My previous application, which could not be completed, has this information. So I may be asked why I did not include it in the current filing but had included earlier. Because of this and because I do not want any hassles in the future, I am thinking I should send a letter along stating this additional information (12-year old incident).
Am I adding unnecessary complexity to my application?
Thank you for your service to many of us. |
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| greg baler (austin texas) |
on 31 Aug 2009 at 12:24 am |
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| I was charge with intent to sell cocaine in 1999 and served jail time and am currently on probation. I was told by a friend currently in Iraq that the conviction wouldn't impede me being able to get a security clearance. Is this true? I have not had any other issues and for any local jobs i always pass the criminal background check. I've just been contacted about work in Afghanistan and was asked if i had a security clearance. I don't but i'm curious to see if i'll even be able to get one? |
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| William Henderson (Pacific Grove, CA) |
on 29 Aug 2009 at 4:13 pm |
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Roger:
I always advise people to provide truthful and complete answers to all questions on a security form and during a security interview, because it is the right thing to do and because it is required by law. There’s also another good reason for this doing this. Most of the information people intentionally withhold usually won’t result in a clearance denial. The act of intentionally withholding relevant information is usually 10 times more serious than the information they withheld. Most misconduct can be mitigated by “passage of time without recurrence.” Falsifying a security form is a current issue and because of its recency, is very difficult to mitigate. A person must list on their clearance application form (SF86) all offenses even if the court case was sealed, expunged, dismissed or otherwise stricken from the record. But there are exceptions. If your misdemeanor conviction was not for an offense that involved alcohol, drugs, explosives, or firearms and the conviction occurred more than 7 years ago (10 years for a TS clearance), you don’t have to list it on the SF86. I recommend answering the questions on the SF86 accurately—list what you are required to list and don’t include unfavorable information that is not required. Based on the information in you question, you are no longer required to the offense on an SF86. |
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| Roger (MI) |
on 27 Aug 2009 at 10:38 pm |
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It is very nice of you to patiently reply, Mr. W. Henderson. I had a misdemeanor for unauthorized use of property over 12 years ago for an incident at a grocery store. I was foolish and defensive that led me to the charge. Anyway, I had the charge expunged and sealed 10 years ago.
When I got a job with a defense contractor two years ago, I had informed them about this (for full disclosure) prior to applying for security clearance. I had couple of interviews. Few months into the process, the funding was cut and the contractor had to retract the job. The clearance was not completed and I did not hear anything about it. It was possible that the clearance process was nearing completion, because my company and supervisor had been contacted.
Now, I may have a government job that requires clearance. Should I inform the HR about this prior to applying for clearance - in the event that I get the job? This incident will not be in public records - because of the expungement. Also, will the incident cause problems with the clearance? There are no other problems in my record. Thank you. |
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| Bill L. (Annapolis, MD) |
on 25 Aug 2009 at 8:05 am |
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Afraid to Disclose (Virginia),
Afraid or not, it is essential that you not falsify your application forms. These incident will be uncovered during the FBI name and fingerprint checks. Whether you receive an SCI access eligibility is hard to say. Most agencies requiring SCI and a poly are very selective in hiring personnel but if you have the skills the agency is looking for, that weighs heavily in the decision. Good luck. |
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| afraid to disclose (Virginia) |
on 24 Aug 2009 at 9:30 am |
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| I was charged with a felony in 1993 that was reduced to 5 misdemeanors. In 1994, I was charged with a DUI, reduced to Reckless Driving. I was 23 and 24 when these incidents took place, I am now 39. There have been no inicidents since. Should I even bother applying for a job that requires SCI with CI poly? |
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| Bill L. (Annapolis, MD) |
on 11 Aug 2009 at 9:00 am |
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Terrol (Washington),
If you have no issues since 1974, you will probably get your clearance eligibility approved. However, the question on the form (SF 86/eQIP) asks "Have you EVER been charged with any felony offense?" and you should answer "Yes" with an appropriate explanation. An FBI check will probably list the 1974 offense and you do not want falsifying a Government form to become an issue. Good luck. |
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| Mark (Florida) |
on 10 Aug 2009 at 7:12 pm |
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Ok. In 1993 I was charged with Grand Theft. I plead not guilty and received 1 year of probation and 120 hour of community service. The short version of the story is:
I worked at a comapny who sold software and support for a trash hauler software. A customer who was about to end their maintenance asked if I would start working on their workstations. I said yes, they sent me one and I had to rebuild it. When I rebuilt it I inadvertantly restored a newer version of the software, the company I worked for found out, fired me and then charged me with grand theft.
I was 29 at the time, have worked in the industry since then without issue and have no other issues on my criminal background.
I WILL absolutely disclosure the incident but I was wondering if anyone had any feedback on my chances to clear a secret clearance check?
Thanks folks |
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| Terrol (Washington) |
on 10 Aug 2009 at 5:37 pm |
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| I am moving to a job that requires a secret clearance. In 1974 i was convicted of felony attempted armed robbery. I was a dumb 19 year old that didn't have a clue as to what i was getting myself into. I did 9 months of county time. Since then, I have been a model citizen with no issues at all. Do you see any problems? Do they actually go back 35 years? |
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| William Henderson (Pacific Grove, CA) |
on 03 Aug 2009 at 4:00 pm |
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| Desperate Help: You need to report this matter to your security manager or FSO asap. I can't give an opinion on the impact this can have on your TS clearance, because you did not say what happened, only that it was a huge mistake. Who made the mistake--you or the person who made the allegation against you? |
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| Desperate Help (WashingtonDC) |
on 30 Jul 2009 at 4:16 pm |
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| I have had a TS for the last 6 months, last week I got arrested and charged with a Larceny charge for an item over $200.00 It was a huge mistake, I got my lawyer involved and the case is still pending. My lawyer tells me that this case will eventually get dismissed but how will this affect my clearance. Will I get revoked, I am very concerned. |
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| skinnydog (US NAVY) |
on 25 Jul 2009 at 6:53 pm |
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| you must still tell them. dont worry it will look better that you told them and got it out of the way right from the start instead of them finding out you lied or neglected to tell them about it later. They do a FBI background check and will see it, no ifs ands or buts. Be upfront and just write it on the form. But be prepared to at least briefly discuss the convictions. |
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| William Henderson (Pacific Grove, CA) |
on 23 Jul 2009 at 9:46 pm |
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Ashley:
Actually question #22b of the SF86 asks, "Have you been arrested by any police officer . . . ." The question is limited to the last 7 years for a Secret clearance and 10 years for a TS clearance.
It also seems highly doubtful that you were not charged with a criminal offense. Before a case can be expunged or sealed, there has to be a case. There has to be a criminal charge in order for a case to be docketed. |
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| ashley (virginia) |
on 22 Jul 2009 at 1:45 pm |
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| i am applying to the coast guard. I have passed through MEPS and all i have to do is fill out the SF86. All questions have listed have you been "charged". and i never have. but in this last step they actually say have you any cases that have been expunged or sealed. and i have two of those which i was a minor when i received them. i don't know what to do b.c i have been told that they cant find out. but i don't want to go to prison for lying or be barred from ever joining the military if they find out. HELLLPPP!! |
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| Dave (Cape Coral) |
on 20 Jul 2009 at 3:17 pm |
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| Thanks Will for the feedback. My separation from the Navy was a dreadful experience but it did teach me a valuable lesson, think before you drink. |
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| Dezz Hawkins (charleston, s.c. ) |
on 19 Jul 2009 at 6:51 am |
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| I recently went to court for a criminal domestic violance charge and it was dismissed will that charge stop me from getting a secret clearance |
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| William Henderson (Pacific Grove, CA) |
on 19 Jul 2009 at 2:02 am |
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Dave:
You should have nothing to worry about. The adjudicative standards for collateral clearances and SCI are exactly the same for “Alcohol Consumption” and “Criminal Conduct,” which can both apply to your DUI. Your “Loss of Jurisdiction” was probably caused by the submission of an “incident report” (I think they call it a SAR in the Navy) based on your DUI. When a person leaves a job where they held a clearance and there is an incident report on file that has not yet been fully resolved, their clearance status changes from “Active” or “Suspended” to “Loss of Jurisdiction.” In order to get the clearance reinstated through the sponsorship of a new employer, the incident report must first be resolved. Resolution usually involves a new investigation and/or adjudication. If it’s a simple matter a new investigation isn’t necessary, and the incident report will be adjudicated in conjunction with any other relevant material available to the adjudicator. This is what appears to have happened in your case and the adjudication was favorable and your collateral TS clearance was reinstated. Theoretically it is impossible for the same federal agency (for security clearance purposes DOD is a single agency) to favorable adjudicate a DUI for a collateral clearance, then deny SCI eligibility because of the DUI. |
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| Dave (Cape Coral) |
on 16 Jul 2009 at 11:06 pm |
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| I recently was separated in Dec of 08 from the Navy after 10 years due to driving under the influence for the first time.......it can happen to anyone. Due to my bust from E5 to E4 and the HYT requirements, I was forced to separate under honorable conditions and right now I am going through the process of getting a job for a federal contractor as an Arabic Linguist. I had a TS/SCI but ended up getting a loss of jurisdiction (you don't use it, you lose it) when I was going through the process for another contractor. My TS got re-instated and I am going through the process AGAIN for this contractor, I did my CI interview and I am scheduled to do my CI polygraph here pretty shortly but I am still feeling uneasy about the DUI that took place last year. Of course, I was up front about it and told the security officers at the CI screening I was a nimrod for doing such a thing but I just have this feeling that client (who is DOD) will pull the plug on this job venture for me because of the DUI which will be a year old next month. Any contractors or government employees out there that are less than perfect that can elaborate for me or put my mind at ease? |
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| William Henderson (Pacific Grove, CA) |
on 15 Jul 2009 at 1:15 am |
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| johnhhi: For a Secret clearance you only need to list a misdemeanor criminal offense that occurred within the past 7 years, unless the offense involved alcohol, drugs, firearms, or explosives. |
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| SF86 Candidate (WI) |
on 14 Jul 2009 at 6:23 pm |
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I have received a job offer and I am to fill out the SF86 form. Will this document be available for future employers to access? I am very worried about my not so good and not so proud past.
-I got a DUI in 1990, 1996, & 1998.
-I also got a DUI last June that was reduced to a Reckless Driving. I am currently participating in court ordered programs and have been in sobriety ever since.
-I also have been in involved in th possession of pot, but had one charge dropped. These happened over 10 yrs ago.
- I have had a disorderly conduct or 2 over 10 yrs ago.
-Approx 18 yrs ago, I was arrested with another friend for possesion of a molotov cocktail, but later it was reduced to a disorderly conduct as I did not make it.
-Also an LSD possesion over 18 yrs ago.
I'm wondering if I should fill out the SF86 form or should I pass on the job offer? Do yo think I will have problems getting a securtiy clearance? |
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| Bill L. (Annapolis, MD) |
on 14 Jul 2009 at 12:50 pm |
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johnhhi (SC),
The SF 86/eQIP questions under "Police Record" indicate that you can exclude traffic offenses not involving drugs or alcohol if the fine was less than $300. I suggest you go to the police department where you turned yourself in to and get a copy of the report. If alcohol was not reflected in the report/charge/ticket, you can legally not list the offense. If the report indicates alcohol was involved, list the incident and explain things if you are interviewed. |
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| johnhhi (SC) |
on 13 Jul 2009 at 9:31 am |
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I am currently in the process of reenlisting into the Air Force Reserves.
I need to obtain a secret security clearance. I have a question about criminal conduct. I had a misdemeanor leaving the scene in 1994. I hit an unattended parked car and went home. I went the next day and told the police what happened. I had been out with my brother at a bar. I didn''t want to drive home right away so we went and got something to eat to give me time. On the way home I dozed off and hit the car. I was not charged with anything alcohol related. Do I need to list this on my SF86? |
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| William Henderson (Pacific Grove, CA) |
on 11 Jul 2009 at 2:46 am |
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Mark:
Yes it is an issue but a very, very minor one now. After 20 years without any recurrence of criminal conduct, your prior felony charge is fully mitigated. |
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| Mark Gorgas (Grand Rapids, Mi) |
on 04 Jul 2009 at 11:33 am |
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When I was seventeen, over twenty years ago, was arrested and charged as an adult with a felony property crime. It was reduced to two misdemeanors, and I was sentenced to one year of probation. Several years later the judge and prosecuter agreed to dismiss the charge during an expungement hearing. Would this type of situation become a security clearance issue by itself?
Thanks. |
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| Cheryl (SC) |
on 24 Jun 2009 at 3:31 pm |
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Yes, I use to work in Ohio where I had security clearance. I was working for a temporary service at the time so the position I was assigned was only for 6 months. But I did enjoy working there, since that time I have moved and now I am looking for a career within the government or federal government. I would appreciate any feedback from this comment.
Thank you,
Cheryl |
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| nobodyhasit (San Diego) |
on 04 Jun 2009 at 2:02 am |
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| when i was 17 i was charged with 2 felonys and a misdemeanor for trying to break into a car. The case was later dropped in juvenile court. when i was arrested i had my prints taken, but i also had my finger prints taken for jobs and i always come out clean. Right now im a certified nurse assistant, im 18 i want to join the marines and get an aviation job they require a security clearance will i be denied or fail ?? |
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| Cee (MD) |
on 03 Jun 2009 at 11:43 pm |
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Please, I need help. I am really worried.
I have held a TS/SCI clearance for the past 7 years. I have worked for two IC agencies. Recently I accepted a position to go back to the first agency that originally granted me my clearance 7 years ago. However, I have had some changes in my life since I was given a clearance:
1.) I am currently in the middle of a very costly/nasty child support/custody battle with my child's father. It has been going on for over a year. I have had close to 15k in legal expenses. Also, my child's father is still not paying child support and is currently almost 7k in back-child support. As a result, my finances have taken a huge hit. Of my nine credit cards/debts, I am past due on three. I have a small portion of money in my savings account, however, I won't mess with it because every time i turn around I am getting billed by my attorney. The custody of my child is important and I have let a few of my credit cards go past due so that I could have money accessible to pay my lawyer.
2.) Recently I was driving on GW parkway and was pulled over and given a ticket for "reckless driving." I did not hurt anyone, cause damage to another vehicle or to the parkway, nor was I drunk or high or racing. However the officer told me that I was going 30 miles over the speed limit and that VA law stated that anything over 20 miles and hour was "reckless". Honestly, I did not know this rule existed...I am a MD resident. I have never received any type of violation of any sort in the state of VA. I have one point on my license for MD-my home state. The officer gave me a ticket and told me that I must appear in court. He did not care about my reason for speeding...not sure if it matters at this point but I left my job early to get to school to pick my child up by a certain time. I have no history of breaking any type of state or federal laws besides the point that I currently have on my license in MD.
As stated, I am currently being re-investigated...does this mean that they will take my clearance. I am very concerned. |
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| Al (New Mexico) |
on 30 May 2009 at 10:28 pm |
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| I currently hold a secret security clearance with the military in the reserves. I was laid off last year and had no money. I made a huge mistake and was charged with a misdemeanor for grand theft ($500). I completed my community service and the case is done. Will they revoke my clearance and will I be able to renew my clearance? Will it help if I expunge or get it dismissed? |
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| Matt Reeves (Orange County) |
on 20 May 2009 at 1:32 pm |
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I have held Secret clearance between 95'-00' while I was working in the Marines. I would like to check into some opportunities for Government work. However, about two years ago I was convicted of disturbing the peace and carrying a loaded firearm in a vehicle.
Both were misdemeanors and only resulted in a $100 fine and one year probation. The charges were originally felony in nature, but due to lack of evidence to convict me, the DA threw them out and went for the lesser charges. Would this type of criminal activity prohibit me from obtaining a reinstated or new clearance? Thanks Matt |
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| William Henderson (Monterey, CA) |
on 09 May 2009 at 10:37 pm |
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Wes:
Your traffic violations will not result in a clearance denial, unless there were so many that they show a pattern of irresponsible behavior up to the present.
If as part of your deed in lieu of foreclosure, your mortgage lender agrees, in writing, to forgive any deficiency (the amount of the loan that isn't covered by the sale proceeds) that remains after the house is sold, then it should not affect your eligibility for a clearance. In some states lenders are not allow to collect the deficiency balance after a short sale or foreclosure. If you have PMI, the PMI will pay the deficiency. Clearance adjudicators are primarily concerned about unpaid debt. If there is no unpaid debt after a short sale, deed in lieu of foreclosure, or foreclosure, the only other thing they will look at is what caused the foreclosure. In your case it was job loss and reverses in the housing market--both were largely beyond your control (which is a strong mitigating factor for financial problems). |
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| Wes Kuzma (Florida) |
on 04 May 2009 at 7:56 am |
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I am interested in joining the Air Force, and am interested in intel work that would require a top secret security clearance. I have a couple of questions. First, I have multiple traffic tickets, none involved alcohol, 2 were for low speed fender benders, and most of the others were for 45 in a 35 mph and such as that. Will that affect being able to get a top secret security clearance?
My second concern is this: I am 23 years old but have owned my own home since I was 20. I have worked as a manager of the IT Dept at Circuit City for about 3 years, and as a branch manger for Bank of America for 2 years. I have been recently laid off my Bank of America because they are cutting thousands of jobs this year and 15 of the 36 branch managers in my region were just laid off. Because the housing market is totally dead in Florida, I will not be able to sell my house and there are so many empty houses in the area I may not be able to rent it at all. If I do rent it, it would be for about $400 to $500 less than the mortage. With the huge salary cut I would take initially going into the military, I cannot make up this difference every month. My question is this. I have excellent credit now but if I sign my house back over to the mortgage company as a deed in lieu of foreclosure will this appearing on my credit cause me to not be able to get a top secret security clearance? These are the only two concerns that I have regarding getting the clearance needed to do the job. I really need a solid answer to these questions, because I've been told by people in the military that if I join and my clearance is not approved, the military can place me in absolutely any job it chooses.
Thank you for your help, |
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| Frank (Stuttgart, Germany) |
on 14 Mar 2009 at 2:51 pm |
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I had a interim Secret Clearance for a total of 3 years. The clearance closed after 7 months and it was never adjudicated. This was while I was in Iraq. I currently came over to work for a company in Stuttgart, and my clearance was declined and my FSO told me to process a new TS clearance. i did this last month and I am wondering why they can't give me an Interim Clearance. I only had a 2nd valid passport, which I noted to them and I already sent that to DISCO, so I am back to one. I have this passport from my parents being born in a foreign Country. I don't know why they can't give me an interim clearance.
I contacted OPM to find out the results of my Interim Secret clearance since I didn't know why it wasn't adjudicated and I also requested to find out what the next steps are for the TS clearance.
Could anyone know what recourse I may have since I never received a SOR (statement of reason) and I have a completely clean record. No delinquencies, no drugs, or criminal record.
Your thoughts are appreciated. |
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| Eric (Arlington, VA) |
on 18 Feb 2009 at 3:40 pm |
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How can I get a copy of my clearance investigation?
First you must determine who conducted your investigation. The Defense Security Service (DSS) and the Office of Personnel Management (OPM) have conducted ninety percent of all clearance investigations over the past 35 years.
For OPM investigations mail or fax a request with your hand written signature to:
FOI/P, OPM-FIPC
P.O. Box 618
1137 Branchton Road
Boyers, PA 16018-0618
FAX: 724-794-4590
Include the following information in your request:
• Full name
• Social Security Number
• Date of birth
• Place of birth
• Current home address (a Post Office Box is not acceptable; the records are sent by certified mail and require your signature).
For DSS investigations mail a written request with your original notarized signature to:
Defense Security Service
Privacy Act Branch
938 Elkridge Landing Road
Linthicum, MD 21090-2917
Include the following information in your request:
• Full current name
• Any other names you may have used in the past
• Date of Birth
• Social Security Number
• A brief description of the records you are seeking
source: http://www.clearancejobs.com/security_clearance_faq.pdf |
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| James (Illinois) |
on 18 Feb 2009 at 3:24 pm |
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| I recently obtained a job with the Harris Corporation and was set to go to work with the company, until my Interim Security Clearance failed to go through by the DoD. I acquired a Boating OUI 6 years ago and that is all I can think of that would not allow me to acquire a clearance. Nonetheless, I am back to square one on my job hunt and I am upset with the entire system. I am not a habitual offender by any means and want my name to be cleared, in any event can I find out from the DoD why my interim clearance was turned down. Thanks. |
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| Joseph H (San Diego, CA) |
on 05 Feb 2009 at 9:07 pm |
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| I just recently got out of the military after 6 years of service. I left with a secret security clearance, but a few months after getting out I received a DUI. Will my security clearance be revoked? I have a lawyer and I am trying to get the charges reduced but the worst it will be is a misdemeanor. Now I am seeking employment but most jobs require me to have a security clearance. There are a few companies that would like me to work for them but I am hesitant to continue talks with them because I am not sure if I still have a security clearance. I have been reading around the internet and your articles but I only find things about people trying to obtain a clearance not so much about issues with people that already have one. Any information would be great. |
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| Mia Cook (South Carolina) |
on 03 Feb 2009 at 8:47 am |
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| When I was 19 years old, back in 1994, I plead 'no contest' to the charges of aiding/abbeding the sell of cocaine. My lawyer assured me that making a 'no contest' plea meant I was not charged with a felony. The courts sealed my records, and the judge did not sentence me to probation or any fines. I only paid court-cost. Would this hinder my abilities to later gain DoD security clearances? I'm wanting to go to school for Cyber Security and someday work in a Forensics Lab. Thanks for any helpful advice in this matter. |
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| William Henderson (Pacific Grove, CA) |
on 29 Jan 2009 at 12:35 am |
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Karen:
There are only a few things that definitely result in a security clearance denial or revocation and multiple DUIs is not one of them. However, it may be very difficult for you to get a security clearance because of you alcohol use and criminal conduct. See my other article on "Alcohol Consumption and Security Clearances" To get a security clearance an employer will have to sponsor you for the clearance. There will be an investigation that will include a Special Interview with an investigator. During that interview you will have the opportunity to present as much mitigating information as you can. The degree to which you are able to mitigate the Alcohol Consumption and Criminal Conduct concerns listed in the Adjudicative Guidelines will determine whether you are granted a clearance.
See:
Alcohol Consumption and Security Clearances
http://www.clearancejobs.com/news.php?articleID=59 |
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| Alex Fazly (Los Angeles, CA) |
on 28 Jan 2009 at 2:59 pm |
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I worked as a DOD contractor in Afghanistan and got a Final Secret Clearance in 2006 and passed a CI Poly. I had legally changed my name and went to the DMV to change my name.
I took all the papers and answered all the questions and they issued me a different license number with my new name. I went back to Afghanistan and when I returned in 2006 I was charged with felony and arrested. I post bail and a friend at the FBI spoke to the District Attorney in my behalf and assured me that I will be only charged with minor traffic violation. But when I showed up to court without attorney the charge was reduced to Misdemeanor with a fine of $100 and a one year probation. Is this issue going to affect my Clearance status? |
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| Karen Wilson (Newport News Virginia) |
on 28 Jan 2009 at 11:30 am |
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| I was charged with a 3rd offense DUI (felony) last year and I served 6 months in jail. I have been a defense contractor since I was 21 and have held a clearance (secret when needed) for the last 26 years. I have never had a felony before and I plead guilty to the charge because the district attorney said if I did he would only seek the minimum sentence of 6 mos. I have been told by the facility security officer (FSO) at CDI Marine Co. that I would never be able to get a security clearance again. I am working for Northrop Grumman right now on a contract that does not require a clearance doing what I have trained all my life for, structural design for ships. Is this true or can I petition someone or some court to get my clearance back? It was turned in as an adverse incident by CDI Marine, who by the way kept me on roll until 8 weeks before I was released and then told me I was fired. |
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