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Help Me (Abroad):
With 9 or 10 years of prior illegal drug involvement, you should have 2 or 3 years of complete abstinence from drugs, intend never to illegally use drugs in the future, and a solid record of personal and professional accomplishment before considering a job that requires a security clearance. |
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William Henderson on February 8, 2012 at 1:09am
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Health Care Worker (California):
Sorry I can't help you. My area of knowledge is limited to the 3 main federal personnel security programs:
Security clearances involving access to classified national security information.
Federal employment suitability/fitness.
Homeland Security Presidential Directive 12 credentialing. |
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William Henderson on February 8, 2012 at 12:59am
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I am applying for a job as a health care worker in a county jail. In 1969 when I was 19 I was arrested with a number of others at a student antiwar sit-in that went bad. I was charged and convicted of trespassing and lost a jury trial for misdemeanor resisting arrest. I was sent to the county jail for a week for the first count and was given a suspended sentence(of 6 months!) and probation for the second. Since then I haven't done anything. Over the years, and to the detriment of my career, I've avoided jobs that have required security clearances since the applications typically ask if I've ever been convicted of a misdemeanor or felony. This has especially been the case in the last 10-15 years. At this point I don't even remember all the details of these convictions and wonder if anyone else does either. Do you think I might be denied a security clearance with this history? Thank you for your work! |
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Health Care Worker (California) on February 7, 2012 at 3:32pm
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SF 86 (Kosovo),
His conduct 7 years ago should not affect your Secret clearance determination unless he is a fugitive from justice. It is extremely rare for an investigation for Secret to include checks on a family member or fiancée. Good luck. |
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Bill L. (Bowie, MD) on February 7, 2012 at 10:16am
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My boyfriend recently proposed to me. He has a felony that occurred 7 years ago. I am in the military and need to have a secret security clearance will being married to him affect my elgibility if I have never been in trouble. |
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SF 86 (Kosovo) on February 6, 2012 at 12:34am
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Dear Mr. Henderson,
I am currently 24 years old. I used marijuana through college and high school and eventually got a possession of less than 1/2 oz and paraphernalia charge. I got a deferral and eventually and expungment. I had a summer internship with the State Department in 2009 and they took me despite this but I signed a form saying I would not use illegal drugs and during the internship I did not.
However after a sexual assault in 2011 I relapsed and used while abroad in Italy and Amsterdam as well as the States between 2011 and Feb 4 I have used again less than ten times. On one occasion in Slovenia I snorted ambien and Seroquel. Seroquel is a drug I have a prescription for and use daily. I have never snorted again. The last time was in January. I also had a suicide attempt later in 2009 on the medication Seroquel I mentioned - that happened after the summer internship in September but I know I could get my therapist to support my current health status if needed.
I want to know how long I should wait to apply for a government job, I would like to return to the state department as a civil servant. I was hoping to apply in 6 months but should I wait longer? Please advise and thank you for even doing this for people. |
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Help Me (Abroad) on February 5, 2012 at 2:36pm
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Vivian (va):
Absent any aggravating or complicating factors, a single misdemeanor offense like the one you describe usually does not result in the denial of a security clearance, particularly when it’s 5 years old. |
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William Henderson on February 4, 2012 at 5:32pm
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GGiva (DC):
Once you start making payments and continue making payments to the bankruptcy trustee, the debts included in your bankruptcy will no longer be considered delinquent; however adjudicators will evaluate your prior financial history. You should include mitigating conditions in the “Optional Comments” field of your SF86. I recommend you make a written statement explaining all the reasons your financial problems were beyond your control, as well as the actions you took to try to resolve your problems before, during and after the bankruptcy. Pour this statement into the “Optional Comments” field and print a copy for yourself. You should also show that you’re able pay your living expenses, the payments to the trustee, and any other liabilities you may have—a DSS Form 154 “Personal Financial Statement” would be best. You make the DSS Form 154 an attachment to your SF86; otherwise include the information from a DSS Form 154 in the statement. |
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William Henderson on February 4, 2012 at 5:29pm
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If I file for Chapter 13, does the adjudicator still consider my debts as being "currently" delinquent? Also, is it best to outline the life events that lead up to my bankruptcy to the investigator before it gets to adjucation? |
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GGiva (DC) on February 2, 2012 at 2:00pm
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Mr. Henderson,
I am very concerned about my situation.
I was arrested for price alter merchandise 5 years ago and I was charged for misdemeanor.
Will this offense prevent me from getting my TS clearance? |
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Vivian (va) on February 1, 2012 at 10:45pm
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In 1996 I was arrested and charged with a class B misdemeanor in NY but I pled guilty to a violation, a non criminal offense. This resulted in sealing of the record in NY State and a recall of fingerprints from the FBI. A few years ago i checked my FBI record with the FBI CJIS Division and my fingerprint card was returned to me with a "no arrest record found".
My question is even though my FBI record indicates no arrest, can my arrest still show up on a security clearance of if say i wanted to visit Canada?
I get differing opinions. The FBI CJIS customer service division says once the prints are removed, they never show up again. others tell me things like your prints will still be there but the info is removed
How does this work? |
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RL (NY) on January 31, 2012 at 6:03pm
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Engineer Seeking Clearance (Minneapolis, MN):
The SF85 used for basic federal employment suitability determinations and for HSPD-12 Personal Identity Verification (PIV) cards doesn’t have a question regarding police record; however the SF85P (Questionnaire for Public Trust Positions) does. The investigations for both the Moderate Risk and High Risk Public Trust positions are actually more involved than the investigation for a Secret clearance and the adjudicative criteria is similar. If this 10-year-old offense was an isolated incident and there are no other negative suitability issues in your background, you should be okay. The SF85P only asks for information about criminal offenses within the past 7 years, indicating that there is a presumption that things older than that are no longer material to a suitability determination. |
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William Henderson on January 25, 2012 at 9:21pm
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Lacey (Indiana):
Involuntary employment termination is only a problem for a security clearance or for federal employment suitability, if the termination was due to misconduct or negligence at work. Not performing up to expectations is not an issue. |
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William Henderson on January 25, 2012 at 9:08pm
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I am up for my reinvestigation. IN 2010 I was given a ticket for having altered license plates. It was originally a misdeamenor, but when I went to court it was changed to an infraction and I had to pay a fine of $150. Do I need to put this on my SF86? |
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Inquiring Mind (DC) on January 25, 2012 at 8:16pm
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Mr. Henderson,
I work for an engineering firm that does quite a bit of work with the GSA and the FBI. As part of being able to work on the projects, we are required to go through a basic background check and be finger printed. I have seen the form, and it appears to be a basic list of former addresses and listing any criminal troubles you have had.
Ten years ago when I was 18, I was arrested & charged (in Nebraska) with 3rd degree felony theft & 4th degree felony use of burglar tools. I was quite guilty (really dumb college mistake), and via my attorney, took a plea deal and pled guilty to a 4th degree felony theft charge and the use of burglar's tools charge was dropped entirely. I was sentenced to 18 months probation (never any jail time), which I served without any incidents and have had no contact with law enforcement since. My arrest was in 6/01, I was sentenced in 02/02 and completed my probation in 08/03
I am going to be asked to go through this process at work, and want to know what the likelihood is that I will be cleared to work on these types of projects. This isn't a typical clearance as many of the posters discuss, it seems that it's not as extensive given that all we are doing is looking at the plans, we don't really have access to secret or classified information at all.
Your advice is appreciated Mr. Henderson. |
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Engineer Seeking Clearance (Minneapolis, MN) on January 23, 2012 at 10:05pm
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I was convicted of petty thef, burglary, and grand thef back in 2007. All the charges were brought down to Misdemeanor I never went to prison. I was just detanied over night and next day I went infront of the judge I only had to pay fees and had one year informal probation. Ever since I have not gotten in toruble with the law. And I hired a lawyer after and he expunged my charges. My question is can this affect me now on getting my insurance broker license? and my notary public license? |
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jose v (santa ana CA) on January 23, 2012 at 1:20pm
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I was fired from a job January of 2011 because I was told they felt I wasn't interested in the position because I did not ask enough questions during training. My union faught very hard for my job to be given back but because there was a probationary period for new hires there was ultimately nothing they could do. Also unemployment ruled in my favor because I really didn't do anything to be be fired for. I am now applying for federal jobs and my question is will I be denied security clearance because I was fired from a job a year ago? If so...how long would be a satisfactory period after being fired to begin applying to federal positions again? |
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Lacey (Indiana) on January 22, 2012 at 11:51pm
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DUI in AZ stays on your record for life. How does setting aside of a judgment help in any way your record?? If its still on there in bold letters like(mistemeanor class 1)? I dont understand? Is there something I'm missing here??? |
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bobby (Phoenix AZ) on January 20, 2012 at 4:47pm
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Gretchen (Indiana):
I don’t think your past criminal conduct from 18 years ago will result in a security clearance denial. Any delinquent debts that still show up on your credit report will be an issue that you need to address.
Obtain a copy of your credit report from all three national credit bureaus. Attempt to contact the listed creditor for any delinquent/charge off accounts in writing. Follow up on any responses you receive. Keep copies of all correspondence. List all debts on your SF86 that appear as delinquent debts and charge offs on your credit reports. Explain what you have done to try to satisfy these debts.
When you were first hired by the government, you successfully went through an employment suitability investigation. Failure to be hired for a position that requires a Secret clearanc should not affect your continued eligibility to hold a non-sensitive government job. |
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William Henderson on January 19, 2012 at 6:26pm
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Robert (Danville,Ky):
You will not be disqualified for clearance eligibility simply because you have served 18 months for a felony offense. Like all other applicants, you will be investigated and your investigation will be adjudicated. Additionally for a DOD clearance, the adjudicator will have to grant you a Bond Amendment waiver. |
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William Henderson on January 19, 2012 at 6:10pm
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Nicole (Dulles, VA):
Generally a single misdemeanor offense without any aggravating circumstances does not result in a clearance revocation/denial. I’m skeptical about what you were told. If a record of the offense was not created, what record will be sealed? |
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William Henderson on January 19, 2012 at 6:04pm
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I am a current civil servant with 10 years federal service. I want to apply for a job that requires a secret clearance but I got into trouble when I was 18 (now 36) and was charged with forgery. I served 5 yrs probation and never got into trouble again. I had bad credit at the time due to being young and dumb. I tried to pay them off and clean up my credit but it has been hard cause most of the debts have been sold off and I cannot contact anyone about them. Anyhow, do you think this will cause me to be denied a clearance? If I do apply and I don't get the clearance can they fire me from my job I've had for 10 yrs since it doesn't require a secret clearance? |
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Gretchen (Indiana) on January 18, 2012 at 7:41pm
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In 2003 i was convicted for 9 counts of forgy on checks (felonys). I served 18 months in prison. I have not had any other offences with the law since. I have had the same job for over 7 yrs and am a good citizen now. My question is can i get a secret clearance? |
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Robert (Danville,Ky) on January 18, 2012 at 5:19pm
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Three weeks ago, I was charged for disorderly conduct.... not alcohol related. I was told that it would not be on my record and my record would be sealed. However, I know that I am duty-bound to report this because I currently hold a clearance. Before this incident, my record was clean. I am up for review of my clearance this year. Can this result in my clearance being denied? |
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Nicole (Dulles, VA) on January 15, 2012 at 6:40pm
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Thanks for replying. I am very relieved to hear a possible traffic misdemeanor will not result in a revocation. I have two other quick questions:
1) Do I need to report the charge now, or wait until after court to see the outcome? It is likely that I will not be convicted with a misdemeanor and instead will get court supervision, although the fine will probably be higher than $300, so I will need to report. It seems to make sense to wait a couple weeks and then report the outcome, but I want to do what is right.
2) I may need to get a SCI with my TS soon. Will this speeding incident impact the SCI? I have no other issues in my background, just this one stupid action.
Thanks again... |
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Too Fast (IL) on January 14, 2012 at 11:06am
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Hi. Six months ago, I was charged with felony assault which was later reduced to a misdemeanor. I plead guilty to the misdemeanor which is eligible for dismissal and expungement in a 1.5 years. The circumstance leading to the assault was my mental breakdown (after a family member passed away). The assault occurred at a mental health hospital. Immediately after the assault, I was arrested but then transfered to a mental health facility for 2 days and then did voluntary treatment for another 10 days. Since then, I've sought counseling and psychiatric care. I have no other criminal or psychological history.
I currently hold a TS/SCI. I self-reported the incident and was required to fill out a new SF86. I was also questioned by an investigator. My two questions are:
1. Do you think I will lose my clearance? (It hasn't been suspended.)
2. How much longer do you think the process will take? (I was questioned by the investigator in October 2011.) |
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Cherry (VA) on January 12, 2012 at 1:39am
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Anonymous:
You have a duty to report the DUI to your USAR security manager as soon as possible. This will result in an “incident report” being placed in you JPAS (clearance database) record. It’s possible, but unlikely, that your clearance will be suspended, pending resolution of the incident report. However, in the meantime, the incident report will probably prevent the reciprocal acceptance of your clearance by DISCO and therefore make you a less than desirable candidate for a contractor job that requires a security clearance.
On the bright side, a single DUI without any evidence of a current alcohol problem usually does not result in a clearance revocation, it just puts you in a holding pattern until the whole thing is resolved. |
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William Henderson on January 12, 2012 at 12:13am
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Kelvin (GA),
Simple answer is “yes” you have a federal conviction and it could cause you to be denied a CAC/clearance. Your court martial will show up in the FBI criminal checks and in a check of your prior military service records. Since you were not incarcerated for over 1 year, this does not fall under the Smith/Bond Amendments and should be considered under general criminal conduct. I would expect that your behavior since your release from incarceration would have the greatest consideration by the adjudicators. Good luck. |
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Bill L. (Bowie, MD) on January 10, 2012 at 9:45am
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Desperate (MD),
In my opinion, an incident 18 years ago as your describe should not result in the denial/revocation of a clearance. Good luck. |
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Bill L. (Bowie, MD) on January 10, 2012 at 9:39am
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Sahm (Indy),
Since you were charged with disorderly conduct and not drunk and disorderly, I believe you do not need to list this incident under the question regarding criminal conduct related to alcohol. If you were required to attend alcohol counseling/rehab, there is another question that applies. Good luck. |
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Bill L. (Bowie, MD) on January 10, 2012 at 9:36am
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Too Fast (IL),
Been there, done that, brother. Don’t worry, this alone should not result in a clearance denial/revocation. If the fine is less than $300, you do not need to list the ticket on your SF 86/eQIP or report it to your security office. Good luck. |
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Bill L. (Bowie, MD) on January 10, 2012 at 9:34am
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I have a tricky question for you. 17 years ago I poured a beer on a guy and was arrested and then charged with disorderly conduct (misdmeanor class C). Does my youthful indiscretion "involve" alcohol?
I had been drinking that night. |
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Sahm (Indianapolis) on January 9, 2012 at 9:25pm
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I have an active TS and was recently ticketed for excessive speed on my motorcycle. I have yet to go to court, but in IL I could be convicted of a misdemeanor. Would I lose my clearance, or be stepped down to just a secret level as a result of a misdemeanor conviction?
I am so sorry for what I did and am worried what might happen to my clearance. The last time I got a small speeding ticket was about twenty years ago. This was just a stupid isolated incident. I'm even going to sell the bike so it won't happen again.
So, do I need to worry? |
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Too Fast (Illinois) on January 8, 2012 at 8:33am
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I was charged 18 yrs ago on 3 counts of credit card fraud and 1 count of conspiracy to commit grand larcency, I haven't had any run in with the law ever since, I was placed on probation it was my first offense.
I went back to school and got my MBA am now applying for a job and which might needs a security clearance. On the application I did indicate that was I had a felony charge and explained situation. Now am afraid that my bad judgement is coming back to haunt me.
My question is would I be granted a federal security clearance? |
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desperate (MD) on January 6, 2012 at 5:59pm
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Mr. Henderson,
I have held a TS clearance for about the last 3 ½ years. I recently ETS from active duty with an honorable discharge. I am currently in the Reserves and am still utilizing my TS clearance. Additionally, I am seeking job positions overseas that require a TS clearance. Unfortunately, I was recently arrested for misdemeanor DUI. I am still waiting to go to court. I have no prior criminal record, and only have one ticket on my driving record for speeding approximately 2 ½ years ago.
My first question is how this will affect me when I need a periodic reinvestigation done for my TS in the Reserves?
Second, will it be any better if I get my DUI plead down to a Reckless Driving?
Third, will I still be able to work a contract job overseas?
Forth, any advice on what I should do regarding the Reserves and contracting job offers when asked about prior misdemeanor convictions? |
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Anonymous on January 6, 2012 at 12:36pm
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I have been offered job that requires an FAA security clearance. I am worried that I could be denied clearance for the following two reasons. I understand that there is no clear cut answer, but I would appreciated any insight into this matter.
First, I have had two misdemeanor arrests- one for assault 3rd degree about two and a half to three years ago and the other for a disorderly conduct a little over a year and a half ago. For each arrest I received an ACOD (adjournment in contemplation of dismissal) that resulted in a sealed record. I understand that these must still be disclosed on the SF86.
Second, I have bad credit. I currently have $3k in unpaid debt, some of which is in collections. These have been delinquent for an extended period of time, however I'm currently in the process of settling all of these debts with extra money I have from student loans. My FAA clearance will begin in the Spring, and by then all of these debts will have been resolved, but I understand they will still show on my credit score.
What is my likelihood of getting approved/denied? |
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nzxt1234 (US) on January 5, 2012 at 11:48am
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I was offered employment for an overseas job with a military contractor. I passed all background checks and initial HR process and now they asked for a copy of my fingerprints to run because they aren’t on file and I also have to fill out a FF86. I was court martialed in May 05 for desertion (which doesn’t show on background checks) and my sentence was 12 months but then dropped to 11 months. So since my sentence was less than 12 months is it still a federal conviction and would this also cause me no to pass the SF86 for a CAC Card & get clearance? |
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Kelvin Jones (Fort Stewart,GA) on January 4, 2012 at 10:33pm
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Sir,
Thank you much for taking time out to help everyone with out concerns and questions.
I am a 24 year old male, already completed my SF86. I am currently in thet process of becoming an Air Traffic Controller with the FAA..I am, however, fearful because of my background check...
At New Years eve my GF and I had both consumed alcohol and both of us recieved "Domestic Battery By Strangulation" charges, each of witch were dropped by the court with "no information filed"
I do,however, have a Misdemeanor for my dog running out of the house and jumping on an elderly woman. I have about 2 speeding tickets, a careless driving ticket and a small handful of driving without proof of insurance and driving on suspended unkonwingly (All under 300$) all of these tickets were from age 21...I Am 24 and since then have only had a traffic citation for Driving without properly displaying front tag (from FLA But visiting VA to see family, FL Does not require front plate)
I see that guidelines look at an individual's age and time of occurance. I am appling for a secret clearance...
What are my chances?
Thanks much! |
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Danda12c (Virginia) on December 29, 2011 at 3:17am
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Hi sir, I am 54 year old lady. One of my co workers falsly made a complaint againsyt me that I sexually assaulted an old person while giving him bath. Latter the charges were withdrawn by the company. Will this restrict me from applying for my security clearance? |
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Endi (Toronto) on December 22, 2011 at 9:33pm
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Mr. Henderson,
I am a recent college grad and landed a position with an IT firm where I will be working with various gov't agencies, including SSA and NSA. The position requires a Secret clearance.
I had one blemish to my record in 2008 where I committed petty theft of about $200. The charge was expunged after completing a "seminar".
A few questions:
1. Will this expunged theft charge from 3 years ago keep me from obtaining Secret clearance?
2. I was also offered a position with a different company that requires only a Public Trust clearance. Do I have a better chance of getting approved for this level instead given the criminal charge?
3. Also, I am a US citizen and so is my mother but my father has lived in the country for years but is not a citizen. Can this hurt my chances?
4. I have set up a payment plan for money I owe the IRS from a 2010 income tax issue. I imagine this would not get in the way of getting cleared, but it would be nice to confirm with you that a debt with the IRS will not disqualify getting cleared as long as the collection process has not started.
Happy Holidays,
Mike |
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Michael Davis (Arlington, VA) on December 21, 2011 at 9:05pm
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I have a felony conviction from 1992 in which I served 5 years. A DUI about 5 years ago. Will this make me ineligible for a secret clearance? |
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wondering (frederick, md) on December 20, 2011 at 10:39am
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Afraid in Fallbrook (Campen):
I think you have a very good chance of receiving a clearance. Nineteen years is a very long time, and no one should be judged on things that happened that long ago, unless there has been more recent similar conduct. The security clearance vetting process is all about trying to predict future conduct based on past and present conduct and conditions. It’s not about penalizing people for thing that happened in the past. |
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William Henderson on December 18, 2011 at 10:27pm
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I have a felony DUI charged June 2009. and currently going to school to get my FAA license aircraft mechanic. Can I get a clearance and work at an FAA aprroved repair staion or airline?
I have taken a DUI program and certified succesful completion. |
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Cynthia Rodriques (Oralndo ) on December 17, 2011 at 8:11pm
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I currently am a GS employee for the military, and have been for the past 6 and a half years. I am also a recovery addict with 19+ years clean and sober. I have had like 4 felony convictions 20+ years ago via my addiction. 3 jail time and 1 prison time, sentenced 16 mos, did 11 mos. All this was disclosed to DOD when I was hired.
Now they have bumped up the clearances from the bottom one to "secret." No police contact (two speeding tix) past 20 years. No problems at work, love my life, job, family. I am an addiction counselor, and have access to medical records/socials. Where do you think I stand? |
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Afraid in Fallbrook (Campen) on December 15, 2011 at 4:40pm
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Jon (Virginia):
There is no question on the SF86 (Questionnaire for National Security Positions) or the SF85P (Questionnaire for Public Trust Positions) that uses the words, “List any criminal activity from the past seven (7) years." The wording of the questions in Police Record sections of these 2 forms is more specific. For the SF85P use the later of the date arrested, charged (or filed), or convicted. For the SF86 use the later of the date cited/arrested, charged, convicted, or sentenced. |
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William Henderson on December 4, 2011 at 5:23pm
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Hello,
Question for the Security Clearance Application, specifically about disclosing any relevant criminal offenses.
For criminal offenses it asks "List any criminal activity from the past seven (7) years."
I have a misdemeanor right on the fridge of the 7 year date. According to police records it states the following:
Offense Date - 2/5/2005
File Date - 5/11/2005
Although I fully plan to disclose all information, if I am only obligated to disclose the past seven (7) years, which date am I expected to use as the 7 year mark; the "offense date" or the "file date?"
Thank you,
Jon |
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Jon (Virginia) on December 1, 2011 at 1:57pm
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Can a charge of shoplifting prevent you from getting security clearance for TSI? I was not arrested or taken into custody, I was given a citation to appear in court, I plead guilty to the charge. Got a fine of $400 dollars, no probation or anything else. This is the only offence ever in my record.
Thanks for your advice. |
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Marcos (NM) on December 1, 2011 at 12:18pm
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I am wondering if my sf86 will be denied. 16 years ago I was charged with carrying a concealed weapon - registered to me legally, also gun was unloaded. No jail time but I did get 1 year probation.
Also 10 years ago I had a felony for intent to deliver a controled substance (marijuana), also given 1 year probation.Never had jail time. I have been clean ever since. Do you think I will be approved? |
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rik (denver) on November 28, 2011 at 9:01pm
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Hello Mr Henderson,
I worked on an At WIll contract for a subcontractor that was employed by a major contractor. I fulfilled my obligation and ended my contract because it wasn't stable and to finish my degree. Before I left, they asked me was I going to pursue contract work again. I told them yes, but not with them, maybe the major contract holder. 5 months later, I found out the company terminated me after I left, stating I refused to post and was given an option to post of termination. The company didn't even notify me of the termination. The Corporate side wasn't even aware of this. How do I resolve this issue? Everyone on that contract knows I ended it. I had no derogatory information or anything in my personnel files. Is there a way this can be resolved? My flawless career in with a security clearance has been ruined based on a lie. |
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caninetruobleshooter (Wichita Falls Texas) on November 28, 2011 at 9:51am
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I got convicted of reckless driving for going 84/70 mph. I have a secret clearance. Will this conviction affect my opportunities of getting a higher clearance? |
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D.M. (Virginia) on November 27, 2011 at 1:56pm
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Mr. Henderson,
I went to IT tech for 2 years and got myself certified, and I am very close to working with one of the defense contractors. My problem is that:
I fabricated suicide attempts while in AIT training and was honorably discharged from the Army 8 years ago. My DD214 and medical records indicate such hospital treatment information and I really do not know what I should do when my secret clearance review come up.
Should I say I really meant to kill myself?
or tell the truth and say I lied to get out?
I would pass poly test and prove I wasn't insane and did lie back then, but I would come out as a loser either way.
Would you please advise, Mr. Henderson? |
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john lee (Cali) on November 27, 2011 at 4:00am
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April Castro (Waltham, MA):
Yes, you must list it on the SF86 and yes, your former employer can tell the investigator why you were fired and what happened and everything else about your employment there, because you will sign a release that is part of the SF86 in which you will authorize that employer and everyone else to disclosure information about you. |
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William Henderson on November 23, 2011 at 11:08pm
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I was arrested in 2002 for domestic violence criminal trespass. The charges were dropped when we went to court. Can this keep me from obtaining a TS clearance? |
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Shaun Bradrick (Charleston South Carolina) on November 23, 2011 at 11:49am
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Mr. Henderson,
I was fired from a job in 2008 for breaking policy. Can the employer tell them I was fired and why? Will I need to state that on the SF86? Will that deny me the Security Clearance?
Thanks |
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April Castro (Waltham, MA) on November 22, 2011 at 10:45am
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Medically Discharged NCO (Atlanta, GA):
Most misconduct that occurred 9 years ago can be fully mitigated by “passage of time without recurrence,” so I would say that you have a good chance of receiving a security clearance at any level. |
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William Henderson on November 20, 2011 at 9:44am
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Mrs. Oneill (Colorado Springs):
Many states have had criminal code sections against “using fighting words” for many decades. I wasn’t aware that this offense had been re-codified and applied to domestic violence statutes. In any event it is usually regarded as a misdemeanor. A single misdemeanor rarely results in the denial of a security clearance unless there are aggravating circumstances and/or other misconduct of a related nature. Any domestic violence conviction can have an adverse effect on federal employment, if the job requires the applicant to carry a gun (i.e. soldier, security guard, law enforcement officer). |
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William Henderson on November 20, 2011 at 9:39am
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Mr Henderson,
I was just wondering how long it takes for the Fingerprint Checks process to be done for a Top Secret Background Check. It seems they have finished contacting all the people on my references list. And that was like two months ago. My background investigation was started 4 months ago. I was under the impression that the fingerprints and name checks were the first thing done in the investigation. Having had no criminal history I figured that would be the fastest part. But now I am wondering if they have even started it yet? Just wondering what you know about the process, what usually is done first and how long each process takes? Thanks. |
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Nick (NY) on November 20, 2011 at 7:55am
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Mr. Henderson,
My first question is regarding DOD facility access that does not require SF85/86 approval. I am an architect working for a federal contractor and have accessed several Air Force, National Guard, Army, Marine, etc. bases in years past. Recently, I was charged with felony aggravated assault (involving an unloaded gun and alcohol), got indicted, then later it was reduced in court to 2 misdemeanor reckless conducts. There was nothing on my record prior to this.
We are doing more work for new federal facilities and I don't require any classified information to do my job, I only need access to the interior and exterior of their buildings for architectural evaluation purposes. In the past, I remember having to fill out visitor (contractor type) daily pass forms that have criminal background questions before they let me in the gate.
1. Should I be looking for a new job? I know this is subjective, but what are the chances I am going to be denied a one day access pass into various DOD facilities when I state my crimes on their forms? There seems to be different requirements at different bases (depending on the amount of classified work they are doing there) and depending on which DOD branch.
2. Would my background now exclude me from ever getting a clearance that required me to submit SF86 if I had to have it for my job?
Thanks, |
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Dan (Georgia) on November 19, 2011 at 3:15pm
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Hi Mr. Henderson,
On the 14th, I asked you about a security clearance for my husband. It is in regard to a DV. Can you answer questions with respect to situations regarding DV?
Thanks,
Mrs. O'Neill |
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Mrs. O'Neill (Colorado Springs) on November 17, 2011 at 9:35pm
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Good Afternoon Mr. Henderson,
My situation is this: I was honorably, medically discharged from the US Army Reserves in October 2011. I am applying for government positions, but afraid that I will not be able to obtain a security clearance due to my background. I received two misdemeanor embezzlement charges at the age of 21, which was almost exactly 9 yrs. Ago. I have not been involved in any trouble with the law since then. I have also, completed 11 yrs of honorable service with the army. Do have a chance at obtaining a critical sensitive security clearance or any clearance at all? |
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Medically Discharged NCO (Atlanta, GA) on November 16, 2011 at 12:41pm
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worried (PA):
It does not have to be disclosed on an SF85, but for a Public Trust position the form is an SF85P and it will have to be disclosed on an SF85P. |
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William Henderson on November 16, 2011 at 11:20am
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Shaik (Illiois):
Sorry, visa applications are outside my area of knowledge. |
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William Henderson on November 16, 2011 at 11:13am
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Brian (NYC):
Yes, you will have to disclose the BCD, as well as the underlying offense. It will present a problem for obtaining a security clearance, but not necessary an insurmountable problem. Another problem may be the time constraints involved in processing applicants for student internships, the longer turnaround time on clearance processing for cases involving major security issues, and the willingness of NRC to consider internship applicants who are less likely to obtain a clearance in time to begin the internship. |
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William Henderson on November 16, 2011 at 11:11am
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I have really bad credit and two years ago an application for a clearance was denied (not reasons were given). Now I have a job that requires a clearance. What do I need to do when filling out my SF86? I know they are going to asked me why it was denied but I never received anything saying why it was denied. Do you think that because of my bad credit my clearance is going to be denied again? |
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Worried (Virginia) on November 15, 2011 at 3:57pm
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My daughter is thinking of applying for a positon that would require moderate risk public trust clearance. She had an underage DUI about a year and a half ago. It was expunged. Does she have to reveal that on the SF85? |
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worried (PA) on November 15, 2011 at 2:02pm
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Mr. Henderson,
Arrested and felony charges dropped and expunged, I am filling out a DS-160 form for US visa. What am I supposed to answer for "Have you ever been arrested or convicted"?
Please suggest. |
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Shaik (Illiois) on November 15, 2011 at 12:46pm
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Mr Henderson,
I served in the USMC from 2004 - 2006. I was discharged with a BCD due to special court-martial and served time in the brig for the latter half of 2005. I was officially served my DD214 in 2007 after appellate review. The BCD unfortunately still stands. Since then I have worked full-time with no incidents and went back to school to finish my degree. I am in excellent academic standing and have been involved with numerous volunteer and charity organizations. I would like to apply for a student internship at the NRC, a federal organization which requires a security clearance. Will I be required to state this on my application for clearance and will it hurt my chances? Thank you. |
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Brian (NYC) on November 15, 2011 at 10:25am
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Security Guy (florida): Immediately |
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William Henderson on November 14, 2011 at 11:21pm
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CD (KS):
Is it possible? Yes. Is it likely? No, not based on the circumstances you described, unless there have been other similar incidents. |
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William Henderson on November 14, 2011 at 10:50pm
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My husband was convicted of using words to incite violence. His ex-wife bit him but he maintains that she bit him before he called her a few names. He was convicted in August of 2008. I checked the paperwork myself to ensure that the conviction was what it was. My question is that since this is his only conviction under the law, what are his chances of securing a clearance? I believe that the circumstances of his case can be mitigated. It amazes me how loose these laws have become wth definitions of domestic violence. He is a good guy and has references that would put in a good word for him. Any help and insight is greatly appreciated. |
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Mrs. Oneill (Colorado Springs) on November 14, 2011 at 6:45pm
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Mr. Henderson,
I currently work for a defense contractor. I already have a Secret Clearance. Recently I was arrested for: Aggravated assault, Aggravated battery and theft. The situation was that my girlfriend and I got into a bicker because I thought she was abusing her medication. The previous night I was cleaning my handgun so during this argument I picked the handgun up off of the table and proceeded to put it away so that it wasn't in the room while we were arguing. The gun was unloaded and we both knew that As I was walking to put it away she knocked it out of my hands and grabbed it, so my first reacting is to get it out of her hands. So we struggled back and fourth for a minute or two until I gained control of the weapon and promptly put it away. There was a few marks on her neck from the weapon while I was trying to get it away from her. She filed a police report for stolen pills. Her and I both got taken in for interviewing. We both explained to the officers that the handgun was not the reason the police were called nor did she ever feel/think that I was going to harm her in any way. I was released on bail that night and my charges said nothing at all about Assault or Battery with a deadly weapon. I have hired an attorney and she is willing to testify in my defense. My question is could my secret clearance be revoked even if the charges are dismissed? Please reply via E-Mail as soon as possible. Thank you !! |
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CD (KS) on November 13, 2011 at 3:42pm
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I received 2 misdemeanors in 2009, have no other charges on my record and have been on the straight & narrow since then....can I get a security license? |
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fallen_angel (Orlando, Florida) on November 12, 2011 at 1:54pm
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Tommy Armstrong (North Carolina):
If you disclosed the drug-related arrest on your clearance application (SF86) four years ago, it will not have any effect on your eligibility for TS clearance. |
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William Henderson on November 10, 2011 at 2:20pm
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Meg (California):
You are required to list on your clearance application all arrests/charges that occurred within the past 7 years regardless if the record was expunged, sealed, etc. Generally a single misdemeanor offense does not result in the denial of a final clearance unless there are serious aggravating factors. |
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William Henderson on November 10, 2011 at 2:15pm
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Sue (VA):
I don’t know what your husband’s employer might do, because they can take action unrelated to his eligibility for a clearance.
Yes, he is required to promptly report the incident to his security officer, and the security officer will have to submit an incident report on him. Generally a single misdemeanor offense will not result in the revocation of a security clearance. However, in his case the offense was alcohol-related. The government agency that granted his clearance will want to evaluate the offense, as well as any underlying alcohol problem. If his clearance was granted by DISCO, there is only a small chance that his clearance will be suspended pending adjudication of this matter. The most probable outcome will be a letter of warning cautioning him that any further criminal conduct or alcohol abuse will result in clearance revocation. In 2010 DISCO received about 8,000 incident reports and temporary suspended only about 120 clearances. |
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William Henderson on November 10, 2011 at 2:09pm
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If someone gets a DUI after there SF86 has been processed, and the investigation closed, but the clearance has not been granted yet, when should I file and incident report in JPAS. They have not had a court date, and they did not do a blow test, just waiting for court date to see if it is going to be DUI or reckless driving. |
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Security Guy (florida) on November 10, 2011 at 11:05am
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When I was in middle school I was charged a misdemeanor as a minor for drug possession. I am currently in the military and have a secret clearance. I want to get a federal job that requires a top cecret clearance when I get out of the military.When I went to join the military and got my background check done they were never able to find that charge. I had to get a secret clearance for my MOS and did a self admittal with the recruiter stating I did have a drug charge while I was 13 since they never saw it on my background check and I didn't want it showing up later and getting charged for falsely enlisting. I even went up to the court house to get documents about the charge and they were unable to give me any. Does this sound like upgrading my secret clearance to top secret clearance will be easy since I have been in the military for 4 years with a secret clearance and no new incident since and my juvenile charge was expunged? |
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Tommy Armstrong (North Carolina) on November 9, 2011 at 1:36am
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About 9 months ago my brother and I were charged for petty theft, however the judge had it expunged. This is the only thing on my recods. Im currently getting my TS clearance, will they see this on my record or just that something was expunged? and can it prevent me from keeping my job? |
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Meg (California) on November 8, 2011 at 6:06pm
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Hello,
My husband was recently arrested for stealing an item under $1000, yet he is in a job that requires a security clearance. He was drunk at the time, and this is his first time ever being arrested. Can you tell me the degree to which this will affect his secuirty clearance and if he should be self reporting it to his employer? Additionally, should he self report it, do they have the ability to fire him on the spot?
Thanks. |
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Sue (VA) on November 8, 2011 at 1:23pm
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Mr. Henderson,
I appreciate your feedback. The reason, I went into the explanation was because of the term intent. The way I interpreted that was whether or not the intent was to steal (from a person or business) or commit a crime period. That's why I explained it as I did above. As I indicated or hope I indicated earlier, the wallet was placed in the USPS mailbox to be returned to the owner, which goes along with what my intention was....there were also credit cards in it that remained in it (without use on my part) when placed in that mailbox. Again, I guess it is as you say, it's up to the adjudicator & what s/he will believe. In any event, thank you for your time. I just wanted to gauge how this process might work. |
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Public Trust Applicant (DC Metro) on November 7, 2011 at 4:33pm
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long time ago diversion (wichita ks):
On an SF86 you must report all alcohol-related charges regardless of how long ago they occurred. List your DUI at section 22 (Police Record) of the SF86 and provide as much information as you can recall. If you don’t recall some of the information requested on the form, indicate “unrecalled.” Use the Optional Comment field to explain what happened and that you don’t recall some of the specific information required on the form. Unless you received alcohol counseling because of the DUI, you don’t need to list anything at section 24 (Use of Alcohol) because the incident occurred more than 7 years ago. The DUI should have little or no effect on your eligibility for a security clearance, provided you have not had any subsequent alcohol-related incidents. |
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William Henderson on November 5, 2011 at 12:05pm
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NikkiD (Hampton va)
Your felony conviction should have little effect on your husband’s eligibility for a security clearance, provided you have not been involved in any subsequent illegal activities. |
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William Henderson on November 5, 2011 at 11:50am
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Mr Henderson,
My daughter, age 20, is in the process of completing a pre-trail diversion program for felony marijuana possession, after which there is no conviction and the record will be sealed. Florida only requires disclosure of the record in certain cases (they do not mention Federal Agencies).
1. What is the Federal statute that requires disclosure on the SF86?
2. If this is her only criminal offense, will she ever be eligible for a TS clearance or SCI access? Thank you for sharing your knowledge! |
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floridadad (Miami FL) on November 3, 2011 at 9:08pm
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My husband has applied for a security clearance thru his work he is a navy reserve and works for the shipyard. He is working on his credit issues but his interim was denied and he was told he will have an interview. I am a convicted felon for embezzlement and was convicted prior to knowing my husband. Can this effect him getting his clearance? He is a great person he has had a few driving tickets and the credit issue that is it so I am hoping my mistake before meeting him will not stop him from having a great future. |
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NikkiD (Hampton va ) on November 3, 2011 at 10:10am
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In 1986, when I was 16, I was arrested for DUI. I assume that was the charge, although I am truly not certain given my age and that my parents directed the process for me. I certainly remember spending the night in jail! It was so long ago that I remember little details of the charges, other than I was granted diversion. My license was never suspended, nor were my driving privaledges revoked. Therefore, I am not sure how to answer the SF86 question pertaining to alcohol. I have no other blemishes of any kind on my record since 1986. This is for a TSO application. Should I report the incident on the SF 86? If so, I'm not certain what to put? Can you offer any advice? |
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long time ago diversion (wichita ks) on November 2, 2011 at 7:10pm
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In 2000 I pleaded guilty to a misdemeanor of domestic battery. Paid my fine and did 2 years probation. I had no previous criminal activity and none since, that includes drugs or anything else. In 2008 I applied to the NSA and was hired contingent on background check. Everything was on my SF86 and I was interviewed by 2 state cops for this position. They flew me to D.C. twice, the second time for testing. I am sure I passed the poly, but failed the psych screening. It has now been almost 12 years. Would it be possible to try again or even for another agency, or should I not even bother? |
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total_loss (USA) on November 1, 2011 at 6:38am
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Public Trust Applicant (DC Metro):
How you perceive your actions does not matter. It’s how an adjudicator perceives them that counts. If you take someone else’s property with the intent of keeping it, it’s theft. For Public Trust positions after 3 years the seriousness of the offense drops 1 level; after 6 years it drops 2 levels. For the same offense the seriousness level is higher for a High Risk PT position than it is for a Moderate Risk PT position, which is higher than for a Low Risk position. It’s a very complicated rating scheme. The SF85P does not specifically address expunged or sealed records; it simply asks if have you been arrest, charged, or convicted within the past 7 years. |
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William Henderson on October 31, 2011 at 11:56pm
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Blitz02 (So. Cal.)
What level of clearance do you have? It makes a difference when going from contractor to federal employee.
What happened? Why is the DUI being charged as a felony? |
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William Henderson on October 31, 2011 at 11:32pm
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Mr. Henderson-
3 years ago when I was 24 I made the foolish decision to solicit prostitutes on 12 occasions in a six month period. I am 27, have never been arrested for it and have not relapsed again. In order to avoid potential for blackmail I have told my family everything about the situation. I wouldn't be looking to gain a security clearance for another 2 years and plan to be completely honest about it, but I am concerned now that my youthful stupidity will come back to bite me. Assuming there is no return to that behavior, which I can assure you will not happen again, the fact I've told my family, and the passage of time, do I at all have a chance for a security clearance?
Thank you |
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Jackson (Texas) on October 31, 2011 at 5:41pm
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Mr. Henderson,
I am currently a contractor at a DOD site with appropriate security clearance. Over the next year, my position is to be converted to GS (civil service) at the same site. For such a change will I have to re-do my security clearance? If so, 18 months ago I received a DUI with a BAC of 0.11. The trial has still not taken place and my lawyer intends on pleading not guilty. Two questions:
1. Will this felony ruin my ability to be hired as a civil servant?
2. If I have to repeat security clearance, will it be better to do it now when I'm awaiting my trial or when I've had my trial (assuming I'm found guilty)? |
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Blitz02 (So. Cal.) on October 29, 2011 at 1:40am
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I am just wondering if having a class a misdemeanor possession case dismissed will keep me from making special forces and getting my security clearance |
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matt (dallas texas) on October 27, 2011 at 10:16pm
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Mr. Henderson,
At what point would the above described situation become a non-factor or not as major of a factor in a federal clearance. As I described before, on my part, I didn't see the action as a crime as I didn't feel the action was being taken against a person, nor the store it was found in....hence, I don't see any criminal intent as it wasn't veiwed as a crime to me at the time. It all *seemed* very petty to me at the time. However, based on the progress of things I have since learned how it could be viewed differently and if I had that knowledge prior to the action, it wouldn't have been done. Call it what you want, but that's exactly what it was....there wasn't anything 'malicious' behind it...and this is the same story as would be told if questioned about it a part of a security investigation. Lastly, can you please confirm that as with the TS/SCI, when applying for a PT, you would still have to advise of an expunged charge....basically anything expunged for any type of federal clearance. Thanks in advance. |
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Public Trust Applicant (DC Metro) on October 27, 2011 at 8:43am
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My father was arrested in early 1970's for selling marijuana (small amount), he pled guilty, the case was ajudicated and completed probabtion, which included serving a couple of weekends in county jail (this is his only charge/arrest, other than a few traffic tickets). Last year he was employed by a civilian contractor at an Air Force Base and, after producing documentation of the arrest, he was given a worker's pass. The employment ended several months ago. This week, he was hired by a different civilian contractor for work at the same Base. When he applied for the pass, he was denied because of the previous charge - he was informed that the rules had changed and now ANY drug charge results in a denial of a pass. Is this correct and, if not, what can he do to obtain the pass. |
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Jessica Hardin (Destin Florida) on October 26, 2011 at 2:51pm
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Mr. Henderson,
I was recently arrested for disorderly conduct, resisting arrest and vandalism to property (false accusation). It seems, from what my lawyer tells me, that all the charges will be dismissed. I have no prior record and never get in trouble. Wrong place at the wrong time type of situation. Will this affect my chances to get a security clearance for an FBI job? |
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Omar Martinez (New York) on October 26, 2011 at 11:35am
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Recieved a misdeamonor 4 years ago for resisting arrest. Will this deny my guard card? It came up on one background check and not the other thanks. |
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Hernyherher (san jose ca) on October 25, 2011 at 7:12pm
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Public Trust Applicant (DC Metro):
PT suitability determinations are based on the totality of the circumstances surrounding any issue. Based only on the information you provided, your chance of obtaining a Public Trust position is poor. On a scale of A-B-C-D, you are a C. It may be possible to mitigate this down to a B, but that will depend on all the details surrounding the event and how plausibly you can deny any criminal intent. If the PT position you are seeking has special job-specific suitability criteria regarding criminal or dishonest conduct, then your chance of success is less. |
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William Henderson on October 25, 2011 at 9:35am
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Marie (Alexandria LA):
As you know there is no requirement to list criminal charges on an SF86 that occurred more than 7 years ago, unless the charges involved alcohol, drugs, firearms or explosives. If you have not been involved in any criminal or dishonest conduct in the past 10 years, your prior charges should not prevent you from obtaining a security clearance. |
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William Henderson on October 25, 2011 at 9:14am
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Mr. Henderson,
I believe it was petty, because the overall value was under $1000. At the end of the day the wallet was returned to the owner, who didn't want to press charges. It was indicated that money was missing from the wallet, which I can't confirm because when I had it there wasn't any. Recall this was found in a large store, so who knows what happened prior to me obtaining it. In all honesty, when I picked it up, I looked at it as 'finders keepers'...obviously given all the drama I know that it can be presented as theft now. Therefore, I didn't feel a need (or think) to turn it in to the store or to the local police. That's the story. |
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Public Trust Applicant (DC Metro) on October 24, 2011 at 11:28am
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hank (dc):
No reputable attorney or security consultant would advise you to lie on a federal form regardless of how long ago the offense occurred. It’s unfortunate that you had an incompetent lawyer and an ethically challenged security officer. It is a mitigating factor when falsification of a security form “was caused or significantly contributed to by improper or inadequate advice of authorized personnel or legal counsel. . . .” At this point I don’t think your prior falsification will be cause to deny or revoke a clearance. |
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William Henderson on October 23, 2011 at 12:46am
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Worried (NV):
I’m sorry but my area of knowledge is limited to security processing for federal positions and federal clearances. |
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William Henderson on October 23, 2011 at 12:36am
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Public Trust Applicant (DC Metro):
There is no government-wide requirement that a PT applicant not have any misdemeanor convictions in the past 7 years. But there can be job-specific suitability criteria for any position. You’re a little light on the details of the theft charge. Was it charged as petty theft or grand theft? Was the wallet returned to the owner? Was there anything missing from the wallet? What was your rationale for not turning it in to the store or to the local police? |
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William Henderson on October 23, 2011 at 12:25am
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Mr. Henderson, I have applied for a position that requires a Secret Clearance. I have had 4 arrests with no convictions. In each of my cases the charges were dropped or dismissed. My criminal arrest record was expunged. This happened fourteen years ago. Will this prevent me from obtaining a Secret Clearance? |
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Marie (Alexandria LA) on October 20, 2011 at 10:02pm
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I was stationed in S. korea a little over a year ago, while AD in the Air Force and became involved in an OSI investigation for illegal distribution of controlled substances. Before you jump to conclusions let me just say: it sounds a LOT worse than it actually was. (To make a long story short..., I supposedly gave a friend of mine that was flying back to the states a few ambien pills for him sleep on the plane & help him adjust to the time difference when he got back and a mutual "friend" reported us to OSI.)
Anyways, Neither of us were ever "arrested" or anything like that, but I'm not sure if we were ever officially "charged" with anything. All our attorneys kept saying was that our Commander was waiting on investigation results. OSI fingerprinted us and ran a background check on us which returned nothing, and eventually after the official "investigation" was completed, our commanders offered us an Article 15 w/an administrative seperation classified as a "general discharge, under honorable conditions" and (at the advice of our attorney) we accepted it. We were told that because an Art 15 is considered non-judicial that by accepting it would NOT be considered an admission of guilt, it would not be considered a "conviction" of anything.
My question is, I have now been offered a position working with the state and sensitive medical information which requires a FBI background check. Will this incident disqualify me? I served 10 years in the AF with a secret clearance & never having been in trouble before. My degree is in social services and it's all I know how to do! Is my whole career gonna be ruined over a stupid mistake? Please be honest. Thank you! |
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Worried (NV) on October 20, 2011 at 4:41pm
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Mr. Henderson,
The theft charge goes something like this.... found a wallet in a store, left with it & put in a USPS mailbox to be returned to the owner. Lost wallet was reported to store lost & found & they indicated I had it. Owner didn't want to press charges, but county gov't did. Hence, the charge that was subsequently approved for expungement. How do you think this would affect at Public Trust clearance?
I've heard that a Public Trust clearance requires no misdemeanors within the last 7 years. How would this fall in line with that? Is that true/accurate? |
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Public Trust Applicant (DC Metro) on October 20, 2011 at 12:13pm
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My question is. I currently hold a TS/SCI of 21 years. I had a dui offense 23 years ago. When I initialy filled out my SF86 3 years after the DUI at age 28, (currently 51 years old) I contacted the lawyer who handled my case and he advised me that the case was dismissed after attending an alcohol awareness class mandated by the court and not to list the offense since I complied to the court mandate. During another background check prior to completing the SF86 In 2002, I questioned the lawyers advice and informed my company security representitive that the DUI was not on my current SF86. He stated that the so much time had lapsed (12 years) as to not to worry about the ommision. I completed the SF86 without the DUI incident. The background check was completed in 2002 after taking the advice of my company security rep. I met with the investigator and answerd all questions even the fact that I do drink beer on occasion.
I have not had a background check since then (2002 on record) as have many current cleared employees currently on the program (I assume because of back logs or budgets). I was recently asked to fill out a DOD Secret SF86 for a part-time assignment at my company while still working my current TS position of 21 years.
During my EQIP submission, I felt that the previous omission from past background checks due to this past advice may have been incorrect. I submitted the DOD-SF86 for the Secret Clearance to include the DUI offense and the alcohol mandate by the judge 23 years ago. I just received the interim Secret today. The case never came up during periodic backgrond checks, but I never mentioned it as well. I have had a spotless since then. Again; my question is, will this incident impact my DOD Clearance as well as revoke my current TS/SCI clearance? Should I have just followed the advise of the lawyer and security rep and continued without the entry of the DUI and court mandated alcohol awareness class 23 years ago? I have had a spotless record ever since. Please advise. |
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hank (dc) on October 20, 2011 at 11:50am
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Public Trust Applicant (DC Metro ):
The one-time use of marijuana in 2004 probably won’t be a problem for a PT position. You don’t even have to list it on the SF85P unless it occurred within the past year. The SF85P-S asks about drug use within the past 7 years. I can’t comment on the expunged theft charge without knowing what happened. |
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William Henderson on October 18, 2011 at 8:21pm
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My question is. I currently hold a TS/SCI of 21 years. I had a dui offense 23 years ago. When I initialy filled out my SF86 3 years after the DUI at age 28, (currently 51 years old) I contacted the lawyer who handled my case and he advised me that the case was dismissed after attending an alcohol awareness class mandated by the court and not to list the offense since I complied to the court mandate. During another background check prior to completing the SF86 In 2002, I questioned the lawyers advice and informed my company security representitive that the DUI was not on my current SF86. He stated that the so much time had lapsed (12 years) as to not to worry about the ommision. I completed the SF86 without the DUI incident. The background check was completed in 2002 after taking the advice of my company security rep. I met with the investigator and answerd all questions even the fact that I do drink beer on occasion.
I have not had a background check since then (2002 on record) as have many current cleared employees currently on the program (I assume because of back logs or budgets). I was recently asked to fill out a DOD Secret SF86 for a part-time assignment at my company while still working my current TS position of 21 years.
During my EQIP submission, I felt that the previous omission from past background checks due to this past advice may have been incorrect. I submitted the DOD-SF86 for the Secret Clearance to include the DUI offense and the alcohol mandate by the judge 23 years ago. I just received the interim Secret today. The case never came up during periodic backgrond checks, but I never mentioned it as well. I have had a spotless since then. Again; my question is, will this incident impact my DOD Clearance as well as revoke my current TS/SCI clearance? Should I have just followed the advise of the lawyer and security rep and continued without the entry of the DUI and court mandated alcohol awareness class 23 years ago? I have had a spotless record ever since. Please advise. |
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hank (dc) on October 17, 2011 at 11:13pm
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Mr. Henderson,
Would an applicant be able to obtain a Public Trust clearance with one time use of marijauna in 2004 (no arrest) and If the courts have issued an order of expungement for a theft charge (not prosecuted) that happened in June 2010? |
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Public Trust Applicant (DC Metro ) on October 17, 2011 at 8:40am
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Francis (New York):
Yes, it might show up during the NAC portion of your Single Scope Background Investigation because a check of INTERPOL can be a part of the NAC. I say might, because I don’t know whether the German police report arrests that do not result in criminal charges/convictions to INTERPOL, nor do I know how long information of petty offenses remain in the INTERPOL database. If you were arrest within the past 7 years, you should list it on your SF86 and explain what happened. Under the circumstances it should not affect your eligibility for a final TS clearance. |
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William Henderson on October 16, 2011 at 5:06pm
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Top Secret SCI Applicant (DC Metro):
No. One time use of marijuana more than 7 years ago with no complicating or aggravating circumstances should not result in the denial of TS/SCI. |
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William Henderson on October 16, 2011 at 4:54pm
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jp2153 (Clarksville, TN):
The federal government is not required to ignore evidence of criminal conduct just because the records were expunged. |
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William Henderson on October 16, 2011 at 4:47pm
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JJEllie (South Dakota):
What can anyone do when 2 or more people collude to make false allegations against them. Two neighbors can collude and tell an investigator that the applicant illegally uses drugs without ever having reported it to the police. It’s unfortunate when this happens, but the only way to overcome this is to discredit the honesty of the people who make the false allegations and/or present substantial evidence that the allegations are untrue. I’m sorry but I can’t possibly offer an opinion about your chance of overcoming this problem without detailed information about the evidence considered by the prosecutor in your case. A review of such information goes well beyond what I can do in answering questions here. |
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William Henderson on October 16, 2011 at 4:42pm
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Jimbo (Virginia):
No. The prospective employer is not obligated to keep the employment offer open until a clearance determination is made. |
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William Henderson on October 16, 2011 at 4:28pm
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Im currently a Fed employee with the DOD. I have a job offer needing a nonsensitive critical secret clearance. I had 3 under-age drinking and 1 disorderly conduct citations from 1985 to 1989. Will they prevent me from getting a secret clearance? |
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Dan (Pennsylvania) on October 15, 2011 at 8:59pm
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I am a bit confused about whether or not there are different types of security clearances depending on the job that requires the clearance. I am aware that there are different levels such as confidential, secret and top secret, etc,. But lets say I am working for DoD or NASA as compared to working for a company such as Microsoft or IBM which may require a clearance for certain positions. Would a secret clearance required for a position at DoD be equal to a secret clearance required for a position at Microsoft? Are there different forms required depending on whether the company is a contractor or an actual government department?
Thanks for your help |
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ITGuy (usa) on October 14, 2011 at 10:36pm
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I have been hired by a company that said I needed to be granted a secret security clearance. I have already started working for the company after successfully passing the company background check. I have three misdemeanor charges forms 7.5 years ago. One is larceny, the other two came from the same arrest; terroristic threats and disorderly conduct. I got in a fight with some roommates and threatened them. These two charges were expunged. As the new sf86 asks about probation in the last seven years I assume I would need to specify if I was or not. To my knowledge I don't think I was within a seven year period. I don't remember if I was given six months or a year probation. Anyhow if I were to put no and it comes that I was on probation would I be denied a clearance. Moreover what are the chances of me getting a clearance as I've had no subsequent problems since these in early 2004?
Thanks |
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Anonymous (utah) on October 14, 2011 at 12:06pm
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As part of scheme to win a civil judgment for sexual harassment, former employees (one "mastermind" and two accomplices) made a convincing false story which resulted in me facing several misdemeanor charges. After a year-long investigation (including being interviewed), these charges were "nolle prossed" (and later expunged) based on evidence that contradicted parts of their story along with statements from current and former employees. Based on reading the evaluation criteria, I'm not really exonerated since the nolle prosequi was listed as "insufficient evidence to secure a conviction." How does anyone really get past this? The charges were based on a disgruntled employee filing a false police report. Should I stay in the private sector until 7 years have passed to avoid having a history of being denied a clearance in case I'm denied? |
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JJEllie (South Dakota) on October 13, 2011 at 7:39am
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I have some minor offenses in my background, but none since an OPM secret clearance for NASA. I am now awaiting another clearance for another company, "Q clearance", but my offer expired and am being threatened with a rescinded offer by this employer since the OPM process has taken over 6 months.
I've read in your FAQ that as a canidate for employment, the offer letter must indicate employment will start within 30 days of recieving a clearance (even though I don't see this on my offer letter). Does this obligate the company to await the clearance by law? Is there anything I can do to retain the offer? |
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Jimbo (Virginia) on October 12, 2011 at 3:29pm
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I retired from the Army in 2007. In 2004 I was charged with Domestic Assault upon my return from Iraq. I completed the Anger Management Class and had my record expunged. I applied for a job with the Commissary and completed the e-qip and was told by the Agency that I failed the background check. When I called the Sheriff office my record was not expunged properly because the charge still showed at the state TBI and Federal FBI level.
I have now verified that this record is now no longer in the system. How do I get to adjudicate this error during my selection process? |
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jp2153 (Clarksville, TN) on October 12, 2011 at 12:06am
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7 Years ago while stationed in Germany I was mistakenly arrested in for Public Lewdness, or something along those lines. Anyway, I was basically grabbed on my way out of a clothing store by the German Police because a store clerk thought I was a guy that had apparently been there before and did some lewd things in their dressing room. Anyway, once I was taken to the Police Station, they took my picture, and prints and were basically almost forcing me to admit to it, which I never did and I had to wait until they double checked, since I was clearly frustrated and denying their assertions. Finally they came back and said they had made a mistake and released me. The whole thing was embarrassing to say the least, and I never told anyone because I didn't think anyone would believe me. I mean who wants to be associated with someone who does that, so I just let it go. Now my question is will that show up on my top secret clearance check that is being initiated as we speak? |
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Francis (New York) on October 11, 2011 at 6:05pm
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Would a one time experimentation of marijauna, over seven years ago, result in a Top Secret SCI clearance denial? |
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Top Secret SCI Applicant (DC Metro) on October 11, 2011 at 1:23pm
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TS/SCI Applicant (DC),
Yes, listing the incident was the correct thing to do. The instructions on the SF 86/eQIP state that questions regarding Police Involvement should be reported “regardless of whether the record …has been…expunged”. |
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Bill L. (Bowie, MD) on October 11, 2011 at 9:49am
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Mr. Henderson,
What are the chances of being denied an interim secret clearance for recent but very infrequent marijuana use? If a person aged 21-23 started experimenting with marijuana over 5 years ago in high school, never used it more than 10 times over a single year, and usage declined as years went on (e.g. 5 times in 2008, 3 times in 2009, 1 time in 2010, etc.), but the most recent usage was 9/1/2011, is this basically an immediate disqualifier? How can it be mitigated aside from sincerely expressing no intent to continue usage in the future? Is there a waiver to sign that will ensure an interim clearance will be granted?
Also, what types of emotional health issues can disqualify a person from an interim secret clearance? If the issues were simply therapy sessions with a PsyD (~5-6 sessions) for stress/anxiety issues which have been resolved, would this paired with the drug use history disqualify a person from an interim secret clearance very quickly? These are the only outstanding items I am curious about. There are no issues with criminal records, delinquent debt, etc.
Thanks. |
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Hopeful (DC) on October 8, 2011 at 3:22pm
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If the courts have issued an order of expungement for a theft charge (not prosecuted) that happened in June 2010, would that affect someone from obtainining a Top Secret SCI clearance today? Also, should this be disclosed if the order was issued, but all the different agencies with the records haven't gotten around to clearing out their databases? It was indicated on the application, but we are wondering if it was necessary to indicate that? |
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Top Secret SCI Applicant (DC Metro) on October 7, 2011 at 9:45pm
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Ramsey (Upper Marlboro, MD):
Because it occurred so long ago, I strong doubt that what you described would result in a security clearance denial. Getting a criminal offense expunged has no effect on security clearance eligibility. |
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William Henderson on October 6, 2011 at 6:00pm
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Dear Mr. Henderson,
I am enlisting (age28) and hoping for initial or eventual SC or TSC. Many MOS' require no mention of drugs in ones personal record, so here are my concerns/lessons:
1) 02' - charged w/DUI with <oz. marijuana (no alcohol; marijuana possession charge dropped; paid fines)
---Convicted of Wet Wreckless//DUI
2) FEB06' - charged with DUI, 0.07 BAC and <oz. marijuana (marijuana possession charge dropped; paid fines)
---Convicted of DUI
What is your opinion as far as my eligibility for clearances?
I thank you in advance; great info.
-Hopeful |
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Hopeful (SoCAL) on October 6, 2011 at 4:26pm
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I currently hold a secret security clearance and am going to apply for TS clearance, I have a few concerns and they are as follows:
1)On my original SF86 I stated that I had never been arrested, taken to court, or been involved in an alcohol related incident. I thought of being arrested as taken to jail and put in a cell, in my case I was taken to the Sheriff's Dept. and called my parents to pick me up. The reason I was pulled over is because I was speeding around a curve and the cop asked me why and I gave a smart remark and he put me in cuffs and into the back of his car. He asked me if I had been drinking and I said no and he told me to blow in the breathalyzer so I did, never told me what I blew. When we got to the Dept. he asked if I wanted to take a breathalyzer test there and I said no(did not know at the time that this could consider me as being guilty) So I had to go to the courthouse in my town and before a lady and she told me I was being charged with a Failure to Use Due Care. Reason I put I had never been to court or had an alcohol incident is because the charge is a Failure to Use Due Care and I always thought of court as a Judge and Jury, plus it took her all of 2 minutes to tell me what I was being charged. She sent me to a Probation Officer which I was supposed to see over 6 months but I only saw her twice and she told me not to come back. I told my recruiter about the whole incident and had to write a letter about it before I came in and was never told to change anything. After reading some of these posts I have become concerned that my situation would be considered lying.
2) I worked at two different jobs that I didn't put on my SF86 because I only worked at one about a month and the other only a little over a week, and as there were only 6 slots for empoyment I put down the jobs I had the most amount of time in because if they tried to contact my employer then he/she could give them a better response as to what kind of person I am versus someone I barely worked for.
Should I plan on telling my security manager about the situation and seeing what I'd need to do, or should I leave as is considering I had to change nothing before? Could any of this deny me? |
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Jack (Georgia) on October 6, 2011 at 3:17pm
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I got fired from my job because I didn't give a lady back her change after she forgot it and I pocketed it. I'm filling out the SF86 form and was wondering it I would be denied clearance status because of this? |
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Danniel (Florida) on October 6, 2011 at 12:19am
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When I was 21, I was running with the wrong crowd and arrested for attempted burglary in NY. I did 2 years of probation and had to pay a fine. NY does not expunge records. Now 15 years later would I be able to get a clearance? Thats the only thing on my record. |
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Ramsey (Upper Marlboro, MD) on October 5, 2011 at 8:06am
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My Question is: a couple years ago, I was blamed for giving a teen a xanax, and when my step son blamed me and told me I did do it I really went crazy and even tried to commit suicide cause I know that was not me to do something like that whatsoever. It all started over me asking him and his buddies to move one sofa from one room to another and I was very excited to get this done cause it had been driving me kinda crazy and I did not get the help from my husband and plus he was working too, but I just had to have it done right there and now type of situation.
Anyways my stepson had been in alot of trouble and was seeing a probation officer and he told him I did this and thats when I really went crazy, I know I would never do that. I ended up in a psych unit for 5 days and told them it was told to me that I did it by my stepson. Who by the way wanted to leave PA to go live with his mother but had to get permission from his probation officer to do so.
Anyways I went over and over this whole thing in my head and I remembered this teen pulled out a few pills he had in his pocket and told me he got them from his mothers stock of meds and asked me what they were. I told him I dont know and I would not be taking something you dont know about, and this is where my stepson got the idea to blame me for something I didn't do and try to get me in trouble, but all that happened is I went to the hospital and was admitted.
I did not get investigated, go to jail or anything, I have no record. Now the problem is my husband just left me and said he was gonna use all that against me, he said he got a copy of a repot from the courthouse, how can there be a reoprt in the courthouse when I did nothing wrong, only thing I can think of is my step son and his probation officers conversation and to let him move to Baltimore with his mother...can that be?
Can my medical records also be in there too and either way does my husband have any right to these records if it is true as he says, but there should not be any records on me in the court system what so ever., your help woud be appreciated, when I did leave the hospital they diagnosed me with BiPolar-deppresive disorder, sever deppression as well as other conditions.. |
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Bon (PA) on October 1, 2011 at 11:02pm
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I have an active TS/SCI clearance and I have been cleared for probably 12 years. In 2008 I got a DUI and did report it and was investigated and kept my clearance. The problem is, I was arrested for throwing something at my husband which I never intended to hit him but it did and now I am being charged with a misdemeanor domestic violence charge. I haven't been convicted yet but I know I need to report this. The problem is, I am the FSO. Who do I report this to? And will I lose my clearance for another misdemeanor? |
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Advice in CA (Los Angeles) on October 1, 2011 at 7:44pm
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I was interview on 9 JUN 11, my investigation closed in JPAS 5 AUG 2011, as of now I still haven’t heard so much as a word on the final adjudication. These are my circumstances: after a divorce in 2008 my credit went to the pits with a multiple delinquencies, since then everything was paid down to zero balance, with the last card paid down to zero the week prior to my interview. Aside from that back in 2002 I was stopped for (tv’s installed in my vehicle) and arrested for marijuana( only a ticket was issued and release from scene). This charge was bogus and was dropped by the court. However some how this same charge was re-filed (by unknown). I found this out because I was stopped for speeding in 2007 and was arrested for FTA. Again all charges were dropped in court. However when questioned by the investigator I got scared and didn’t mention the marijuana involvement in those situations, but didn’t lie either, I just kept it simple. Also I had to tell the investigator about the two failed drug test while in the military, one being completely my fault, while the other was proven not to be my fault. I should also add that I had a secret clearance all 7 years of active duty, even with the two failures, no suspension or revocations. And the last incident was about two years ago after returning from a cruise the port authority detain me for marijuana in the cabin, it wasn’t mine but I was in the cabin. I was release after recorded my passport information and paying a hefty $500 fine. I didn’t mention this on the SF86 because I was assured that this would not come up in any kind of federal background check and that it wasn’t technically a arrest. I’m saying all this because I want you to have a clear picture of my situation. So my questions are one, am I still in a normal timeframe for this process, having not gotten a final answer yet. And two are my past run-in’s extending the process and/or would possibly cause me to be denied? |
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LJ (florida) on September 30, 2011 at 10:23am
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Stephen (Manassas, VA):
There are only a few statutory reasons for clearance denial (and almost all of them can be waived) and none apply to you. You have a chance of receiving a TS/SCI. I can’t say whether it’s good or bad without knowing all the information from your investigation that will be presented to any adjudicator. |
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William Henderson on September 29, 2011 at 8:43pm
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James D (Washington DC):
Interim clearances are hard to predict for the middle 50% of applicants. For interim clearances I divide cases into 3 categories: clean/minor unfavorable (30%), moderate unfavorable (50%) and major unfavorable information (20%). You fall in the middle 50%. Of course you should include all applicable mitigating conditions in your SF86, including remorse/contrition. |
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William Henderson on September 29, 2011 at 8:17pm
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Will a 32 year old shoplifting misdemeanor prevent someone from being licensed as a clinical psychologist? after 32 years without legal issues, Is the case closed? does this need to be disclosed? |
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PSY Licensing (Texas) on September 29, 2011 at 7:19pm
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Mr. Henderson,
I have a friend who has one reckless driving conviction and one DUI conviction. These incidents occurred two years apart. The most recent incident is the DUI conviction and occurred approximately five months ago. He is currently in the Military. He has been honest with his chain of command regarding each incident and has not received any UCMJ violations or other disciplinary actions. He is enrolled in an alcohol program. Is it possible that he could still be granted a security clearance? What steps could be taken to make it more likely? |
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curious (nc) (Texas) on September 29, 2011 at 4:40pm
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My husband and I have been charged with a felony for forgery. I do not have a clearance, but my husband does. If the charges against my husband are dropped, is it possible for him to get an SCI clearance? He has a top secret already, but the company that was sponsoring his SCI dropped him, once the felony charge was filed. His top secret clearance officer says that he wont be able to get an SCI even if he gets cleared from all charges. Is this true?? |
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Sharon E. (Los Angeles) on September 29, 2011 at 3:45pm
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Mr. Henderson,
About a year ago, I was charged with DUI and refusal to take the breathalyzer test in federal court. I was eventually convicted of refusal but the DUI charge was dropped. My question to you please is: will my conviction cause me to fail background check with government contractors? I recently applied for a job with a contractor with the FCC and the recruiting manger told me that I cannot pass the background check. Also, will the DUI charge show up on my background check? Please note that I am a Naturalized U.S Citizen. Thanks in advance for your advice. |
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Samir (VA) on September 28, 2011 at 1:43pm
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I recently have been charged with a felony domestic violence charge...I have to take a 52 week course and they will dismiss the case once i finish the course..I am currently in the air national guard.. I need to appy for a security clearnce will i be able to get a clearance..This is my first offense for anything ever.. Thank you for your help...
OA |
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OA (california) on September 28, 2011 at 4:33am
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Mr Henderson,
I am currently trying to get a DOD TSSCI clearence and I have three concerns.
1)Over ten years ago I was charged with selling alchohal to minor while working at 7-11. This did not affect my getting a secret clearence 7 years ago. I believe it may have even been expunged. I did not see it on a criminal backgroung check from another job I got recently.
2)over a year ago I had a short sale on my house.
3)My mother in law is a resident of the United States but is from South Korea. My wife was born in SK but she has always been a US citizen and was born on a us Army Post.
Will any of this preclude my getting a clearence? |
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Stephen (Manassas, VA) on September 27, 2011 at 5:14pm
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Hi Mr. Henderson, I'm applying to the FBI Special Agent and I'm wanting to know if my Disorderly Conduct obtained for grand larceny will affect my chances of obtaining TS Clearance? Do I have to mention the incident on the form required for BI? My fingerprints were taken and picture upon arrest, but my lawyer got the charge reduced from misdemeanor to disorderly conduct and advised me that i would not have any issues finding a job. I dont think NY allows records to be expunged? However, I just want to know if I will be obligated to mention this incident in the BI? |
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WantingAnswers (New York) on September 27, 2011 at 10:28am
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I was charged with two minor in possession of alcohol charges and one urinating in public charge. All of the charges were dismissed. The last one happened 8 months ago and the other two were grouped with the other one in an 8 month time span. Do you think this will disqualify me from obtaining a clearance? Thank you for the advice. |
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NeedAdvice (MI) on September 26, 2011 at 11:40pm
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Mr. Henderson,
My husband had a felony conviction and spent 75 months in state prison. That was 8 years ago. This was the only criminal act on his record. Can he get clearance of any kind now, or ever? Can he now get a job that only requires an NACI clearance?
Thanks |
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Brenda (Oregon) on September 26, 2011 at 6:02pm
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Mr. Henderson,
I'm applying for a DoD contractor that I will need an interim clearance for. In 2007 I got a DUI while I was 19 and in college. I got a PBJ, 3 years has passed, and I was never convicted with the offense.
In 2008 I was convicted with misdemeanor Disorderly Persons: Underage Gambling when I was 20.
I'm now 23, over 2 years has passed and I haven't been in trouble since. I'm extremely remorseful for two stupid incidents that happened in college.
Will I be granted an interim security clearance? Should I explain my remorse and how I have cleaned up my act in the section where you can "add whatever information you'd like"?
Thanks for your help. |
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James D (Washington DC) on September 26, 2011 at 12:27am
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Mr. Hender,
I was interview on 9 JUN 11, my investigation closed in JPAS 5 AUG 2011, as of now I still haven’t heard so much as a word on the final adjudication. These are my circumstances: after a divorce in 2008 my credit went to the pits with a multiple delinquencies, since then everything was paid down to zero balance, with the last card paid down to zero the week prior to my interview. Aside from that back in 2002 I was stopped for (tv’s installed in my vehicle) and arrested for marijuana( only a ticket was issued and release from scene). This charge was bogus and was dropped by the court. However some how this same charge was re-filed (by unknown). I found this out because I was stopped for speeding in 2007 and was arrested for FTA. Again all charges were dropped in court. However when questioned by the investigator I got scared and didn’t mention the marijuana involvement in those situations, but didn’t lie either, I just kept it simple. Also I had to tell the investigator about the two failed drug test while in the military, one being completely my fault, while the other was proven not to be my fault. I should also add that I had a secret clearance all 7 years of active duty, even with the two failures, no suspension or revocations. And the last incident was about two years ago after returning from a cruise the port authority detain me for marijuana in the cabin, it wasn’t mine but I was in the cabin. I was release after recorded my passport information and paying a hefty $500 fine. I didn’t mention this on the SF86 because I was assured that this would not come up in any kind of federal background check and that it wasn’t technically a arrest. I’m saying all this because I want you to have a clear picture of my situation. So my questions are one, am I still in a normal timeframe for this process, having not gotten a final answer yet. And two are my past run-in’s extending the process and/or would possibly cause me to be denied? thanks for your help! |
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Lorenzo (south florida) on September 25, 2011 at 4:31pm
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I held a TS/SCI clearance from 1991-2002 as a USAF Officer until I was arrested in 7/2002 for a felony sex-offense (enticement of a minor -- internet police sting with no actual minor involved). In 1/2004 I was court-martialled, convicted, and sentenced to 6 yrs in prison. I served 3.5 yrs and completed 2.5 yrs on parole in 1/2010. I completed the court-mandated sex-offender treatment and have taken this event very seriously. I continue to attend 12-Step meetings for sex addiction multiple times per week and anticipate doing so for the rest of my life. My question is whether I will be able to obtain any type of clearance (even ADP-II) as a contractor while I still have to register as a sex-offender for at least the next 9 years? I am a network engineer/IT project manager and am wondering if I should even bother looking at jobs requiring a clearance. Does the fact that I previously held a TS/SCI count for anything in the process? Thanks in advance for any light you can shed on this. |
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John L. (Colorado Springs, CO) on September 20, 2011 at 6:48pm
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I want to apply for a job that does not require a security clearance. The job announcement says, "you will complete a OF 306 for suitability." My issue is that I am already in the govt and want to transfer to another agency. I recently filed a chapt 13. Will my BK disqualify me now from meeting the suitability critera? |
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JustCurious (DC) on September 20, 2011 at 1:55pm
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mr. james (AZ):
The traffic tickets are insignificant. Being cited once for possession of marijuana one year ago probably won’t result in a clearance denial, but you said nothing about your illegal use of drugs so I have no idea whether you are eligible for a clearance. Enlistment criteria regarding drugs for a Navy Intel position may be more restrictive than for a security clearance. |
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William Henderson on September 16, 2011 at 10:50pm
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Christina Roberts:
Whether or not you are convicted is not really very important for a security clearance. What is important is what happened. Did you knowingly issue an NSF check? How bad of a financial situation are you in? If the problem is bad, did you previously inform your security officer of any delinquencies, repossessions, collection actions, tax liens, etc.
Revoking a security clearance is a long drawn out process with ample opportunity to present your side of the story. But if your TS/SCI is revoked, you will not be eligible for a security clearance at any level. If you haven’t already, go to your company’s/agency’s EAP for financial counseling. Adjudicators like it when people acknowledge a problem, accept responsibility, and seek professional help. |
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William Henderson on September 16, 2011 at 10:43pm
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Mr. Henderson,
Currently, I am being charged with Felony Theft (better lapse of my judgment). I have hired a lawyer and he believes with my completely spotless background that getting the charge either dismissed with 1 year good behavior or even down to a misdemeanor is very likely. Should I be able to get the charge either reduced or dismissed what are my chances of getting a security clearance. I will be applying for a DoD job this December. This act is completely out of my character and I made a mistake that will never happen again.
Another question is on the SF86 , it asks have you ever been charged with a Felony. I saw your video and you stated that I have to answer "YES" even if it is dismissed or reduced if that is the way it was INITIALLY presented at court. I have spoken to my lawyer and we are confused as to the wording of this. He said that at the PRE-LIMINARY hearing it will be stated as a FELONY, however then is not my real court date, he said that after the PRE-LIMINARY hearing is when he will meet with the other side and work out a deal. Should this be the case and after the PRE-L hearing my lawyer works out a deal and the charge is reduced from a FELONY to a misdemeanor can I answer "NO" to the FELONY question on the SF-86.
Last question, with this incident being to fresh are my chances of getting a clearance almost nill even with a previous spotless record showing a record of trustworthiness and good behavior and that my recent misconduct was out of my normal character and was a mistake.
Thank you for any enlightenment. |
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Concerned (Virginia Beach) on September 14, 2011 at 4:58pm
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Mr. Henderson,
I am thinking about enlisting in the navy as an intelligence specialist, which will require me to obtain a TS/SCI.
however about a year ago i recieved a ticket for possession of marijuana, i was living in california at the time and it was only an infraction that was amended to a disturbing the peace charge. i have paid the fine and it is all cleared up.
Do you think this will hurt my chances of obtaining the clearance i need?
p.s. I also have 5 other traffic tickets. 3 fix it tickets and 2 for speeding |
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mr. james (AZ) on September 14, 2011 at 2:26pm
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I have a court date Jan 17th for a bounced check. It's considered a Class M felony because it's over $200. I've informed my Security Officer but I'm afraid that my clearance will be pulled if I am convicted. I'm still recovering financially from a divorce and by the time of the court date, I will have everything taken care of and everything will be paid off. If I am convicted, will this affect my TS/SCI? Could I still keep a Secret clearance? |
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Christina Roberts on September 13, 2011 at 11:03pm
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Rose (Barstow):
Your husband does not have to list the offense that resulted in the BCD, but he will have to disclose the BCD itself and that in turn requires an explanation for the reason for the discharge. If there are no aggravating or complicating circumstances surrounding this offense and if he has not been involved in any criminal conduct or work-related misconduct since then, I don’t believe he will be denied a security clearance. |
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William Henderson on September 13, 2011 at 8:19pm
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My husband had a BCD discharge ..he had about a month in the brig for cashing a check that was fradualant... he was 20 and didnt know any better...it has been more than 7 years... would he have to disclose that on an SF 86...and will this hinder him from obtaining a secret clearence... He currently works as a contractor and has the BASIC naci... however hes finishing his school and would like to go to IT dept however working in that area would require a secret clearence...we are at the 2 year mark of his paper work for an upgrade with the airforce...they said we wouldnt hear back until possible dec...but until then good or bad I just wanted to see the options. |
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Rose (Barstow) on September 13, 2011 at 4:36pm
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What can I do to expedite the process to change the red flag to black? I had a DUI in March and it court on Jun 30th. I have to complet a 10 week Class and attend 2 AA meetings I will be done in November. Can the FSO foward the completion paperwork in JPAS and DSS adjudicate it or will the the courts have to indicate all sanctions are complete? |
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tony (Virginia) on September 12, 2011 at 12:52pm
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Lucas21 (missouri):
You don't have to list the matter that occurred when you were 22. The more recent court ordered appearance will probably have to be reported in the SF86 in section for non-criminal court actions. |
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William Henderson on September 6, 2011 at 11:10am
William Henderson on September 6, 2011 at 10:54am
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Do they read read the police report itself during a security clearance? |
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Moo (Moo) on September 5, 2011 at 11:04pm
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If I was told to be in court because of an exparte but not arrested and then the judge dismissed the case because the other party did not show up is that being charged?
Also, I was summoned to court over something I did when I was 22, I am now 35, and the judge called us both up to him and dismissed that case also does this need to be reported? |
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Lucas21 (missouri) on September 5, 2011 at 6:39pm
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Jules (Texas):
There is no definite answer. The Executive Branch of government isn’t a large monolithic structure. It’s made up of a lot of big and small agencies, some of which do their own thing without regard to what everyone else is doing. Most agencies pay OPM to do their background investigations, but there are about 20 agencies (some big, some small) that don’t use OPM. If OPM is the investigative agency on 2 separate SF85Ps submitted on the same individual through different companies, the second request for investigation should be rejected by OPM. If OPM is the investigative agency on 1 SF85P and another agency that doesn’t use OPM handles the second SF85P, the request for investigation should be rejected by the other agency, but it doesn’t always happen. If the first SF85P is handled by an agency that doesn’t use OPM and the second SF85P is handled by another agency that doesn’t use OPM, then there is a very good possibility that 2 investigations will be conducted. |
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William Henderson on September 3, 2011 at 8:55pm
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RROY (Laurel, MD):
You should answer all questions on the SF86 truthfully and precisely. Do not provide information on the SF86 that is not requested, except for information that mitigates unfavorable information that you are required to list. If you were fired within the past 7 years, you must list it at question 13C, plus you will have to give a reason for employment termination at all jobs within the past 10 years. Lying on employment application forms is dishonest conduct and potentially disqualifying under Guideline E of the Adjudicative Guidelines. Although not as serious as lying on a federal form, it will still need to be mitigated. You are not required to list a misdemeanor solicitation offense on the SF86, if it occurred more than 7 years ago.
You cannot submit yourself for an TS/SCI or for any other security clearance. You must be sponsored by a federal agency or a cleared federal contractor. |
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William Henderson on September 3, 2011 at 8:37pm
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wombat1968 (Washinton DC):
If you fill out an SF86 for a national security clearance, you are required to list all alcohol counseling or treatment. This is not required on an SF85 or SF85P for HSPD-12 Credentialing or Public Trust positions. |
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William Henderson on September 3, 2011 at 8:14pm
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I wonder if you could answer this question for me please. Can you process 2 public Trust 85s at the same time? Have a applied to a new company and we are 3 weeks into the process. Now the present company is also requiring one. I have heard different things, someone said that one has to be withdrawn, other people say that its ok for 2 to process at the same time. Whats the real answer? Thanks |
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Jules (Texas) on September 2, 2011 at 2:07pm
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Mr. Henderson,
I would like to submit myself for a TS/SCI in 2 to 3 years.
Back in 2002 I was arrested for solicitation (my record was expunged after probation). It will be 10 years in 2012, should I list this arrest on my SF86?
Also, I was fired from a job for inappropriately touching a custodian worker on her backside (I was flirting but she did not receive that way and I was wrong to do it). I have had subsequent jobs in which I have not listed this incident on my application (I list my reason for leaving as a "layoff"). I believe I should disclose the real reason for being fired on the SF86 but I'm worried that I have not shared this information with subsequent employers and that would be used against me. Should I disclose the real reason I was fired?
I am hoping this would not disqualify me from getting a TS/SCI. |
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RROY (Laurel, MD) on August 30, 2011 at 11:56pm
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I have an issue were I have gone to an alcohol treatment class voluntarily, is it wise to report this , do I need to ? |
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wombat1968 (Washinton DC) on August 30, 2011 at 9:52pm
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Danny (Virginia):
You must report this immediately to your security officer. The prior DUI will be a factor but not that bad because it was 7 years ago. More important is your recent drinking habits. If you or others think that you are drinking even a little more than you should, go to your company/agency Employee Assistance Program or an alcohol counselor for an assessment. My mantra for most people with a suitability problem is: acknowledge the problem, accept responsibility, seek professional help, and follow their advice. This will earn you points with the clearance adjudicator. There is a possibility that your clearance might be temporarily suspended until the court case is completed and the matter investigated/reviewed by the adjudicative authority. If you do not have a drinking problem, the more likely scenario is a warning letter from the adjudicator about the consequences of any recurrence after an investigation/review by the adjudicator. If you have a drinking problem, you should also seek professional advice from a personnel security consultant. It generally doesn’t matter whether you are convicted of DUI or wet & reckless or some other alcohol-related offense. They are merely indicators of an alcohol problem and poor judgment. |
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William Henderson on August 26, 2011 at 9:46am
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Goldmember (Michigan):
In most situations conspiracy to defraud the govt presents an indefinite bar to federal employment. |
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William Henderson on August 26, 2011 at 9:28am
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Mr. Henderson,
Just to add to my question:
1: I have DV case against me, I never been arrested or charged.
2: Court ordered to stay away for three months, which my spouse is going to drop.
3: Should I tell this my FSO? If I tell my FSO, they might fire me?
Thanks in advance.
Bill |
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Bill-MD (Maryland) on August 24, 2011 at 7:49am
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I recently started a federal job in a public trust position. During the probationary year they are finishing the background investigation.
About a week before I started, I received a DUI. I reported it immediately to the agency, and they still had me start the job. My arraignment is coming up soon, and it is a borderline case, my lawyer says it is a 50/50 chance if charges will be filed against me, and if they are, then I could most likely get it bargained down to a Wet Reckless due to it being borderline. I wanted to know how this will effect my security clearance?
Thank you for the advice |
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Bill (CA) on August 23, 2011 at 8:10pm
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I have a case against me for domestic violence, I'm just staying away from my spouse for three months. No other history at all.
Would this be an issue for my TS/SCI investigation?
I will list this on the SF86. |
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Bill-MD (Maryland) on August 23, 2011 at 12:04pm
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Mr. Henderson,
If I was arrested in a foreign country for disturbing the peace and released by court in the same day after receiving no penalties but a conditional fine to be asserted if the violation is repeated, should I list it on SF86 and would it hurt my chances of getting a security clearance.
P.S. I was arrested in the foreign country during a political unrest and the reason was because they claimed I was without an ID and in a military closed zone. I lived in that foreign country for less than 1 year during the last 7 years and have a dual citizenship. I also wondered if the OPM investigators have the authority to or would otherwise check police records in a foreign country. This incident occurred almost 7 years ago and I have no other criminal records.
Thanks in advance. |
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casey (New Haven) on August 21, 2011 at 11:19pm
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After reading the above article I was still unsure whether a felony precludes you from work, with say, the NSA, or any other place that has security clearances.
I was convicted of a felony and sentenced in 2006. My initial arrest was in 2004. The conviction was for "conspiracy to defraud the govt." Automatic denial? Or go ahead and roll the dice? |
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Goldmember (Michigan) on August 21, 2011 at 8:57pm
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Mr. Henderson,
I currently have held a secret security clearance for 4 years as a civilian engineer. I had been convicted of a DUI in 2004 and they still issued me the clearance. Recently, I was just arrested for a second offense DUI which is still awaiting trial. When should I report this to the security office? Should I notify them immediately? Or should I hope it gets reduced and wait until after the trial? If I do get convicted of a second DUI, how will this affect my clearance? I hope that the 7-year difference between them will help my case.
Thanks,
Danny |
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Danny (Virginia) on August 20, 2011 at 2:49pm
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Colin (Michigan):
I don’t know the answer to your question, because it’s agency-specific and involves not only a security clearance but also an employment suitability determination. How everything went down in court really doesn’t matter—felony, misdemeanor, dismissed, expunged, dropped. What matters is what you actually did. “I have never admitted to using during the last 10 years” is an interesting way of describing your involvement with drugs, but it’s not going to be precise enough for a security clearance or an employment suitability determination. You need to read the article on Employment Suitability Versus Security Clearance. |
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William Henderson on August 19, 2011 at 12:53am
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Hi. I am applying for a position with the FBI and I have a few questions in regards to me obtaining security clearance. First off, I have an account in collections due to identity theft. I originally thought that the issue was taken care of because I supplied the company with a copy of the police report and an affadavit, but they had already sent it over to collections. I am currently in the process of trying to get it removed from my credit report and I am unsure if it will be removed in time before I go through the investigation stage. Will that negatively impact me?
Also, it asks have you had an account suspended for failing to pay as agreed. I've had a credit card temporarily suspended a few times because of a late payment (nothing deliquent) but it was back activated as soon as the payment was received. So should I answer yes to that question?
Also, I was injured in an auto accident and had to miss work so I fell behind on bills and I have a few late payments on my credit cards and car note. Nothing is in the deliquent stage but it may show up on my credit report that I have made late payments. Will that also negatively affect me as well?
Also, the father of my child is also my cohabitant for the last year & a half. We've been together for about 2 years. Prior to us being together, he was convicted of Aggravated Robbery with a deadly weapon and received a 7 year sentence in which he served 6 1/2 years before getting out on parole. Since he has been home, he hasnt been getting into any trouble or involved in any illegal activites and he has a legitimate job. Will that be a reason to deny me clearance or have a negative impact on my decision? |
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NikkiB (Houston, Texas) on August 17, 2011 at 7:44pm
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I don't know why a background check company failed me when I only have a misdemeanor negligent driving 1 with no time served. I only went to court and paid the fines and it was my first time mistake. What can I do to fix this problem because I am getting turned down for jobs left and right because of this? |
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Sola (Phoenix, AZ) on August 12, 2011 at 1:52am
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Mr. Henderson,
Sorry for not giving a complete picture.
Yes, I have received a conditional offer of employment for a financial position with the FBI that requires a Top Secret clearance.
I would like to add that I did smoke marijuana during the incident, but haven't since. I never used the other drugs that caused the felony, nor used any other illegal drugs, but I guess its hard to prove that outside of a polygraph given the charges that were brought against me.
If I can successfully mitigate these charges by showing the passage of time without recurrance, will my investigation be heavily delayed regardless?
Thanks. |
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Colin (Michigan) on August 10, 2011 at 10:47pm
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Chris (Maryland):
Yes, if the gaining agency requests the correct investigation. Normally for an applicant (who is not a federal employee) for a federal job that requires a Secret clearance, the correct investigation is an ANACI. For someone who is already a federal employee, the correct investigation for a Secret clearance is an NACLC. On average the NACLC takes a little less time than an ANACI. OPM will conduct an entirely new investigation—no portion of your previous investigation will be used. |
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William Henderson on August 10, 2011 at 6:03pm
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Jon (Virginia):
A single, isolated misdemeanor offense without aggravating circumstances is not a potential disqualifying condition for a security clearance. Also, after 7 years a single misdemeanor offense becomes a non-issue for federal employment suitability determinations. |
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William Henderson on August 10, 2011 at 5:43pm
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Dave M. (San Diego, CA):
You have to list the offense on your clearance application form (SF86) because the offense was alcohol-related. If there are no other indicators of an alcohol problem, you will probably be granted a final security clearance, but your chance of getting an interim clearance is very poor.
ClearanceJobs.com deserves everyone's thanks for providing a forum where people can read my articles and ask questions. |
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William Henderson on August 10, 2011 at 5:37pm
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Colin (Michigan):
Why do you ask, “will the FBI still consider the charges felony convictions?” Are you applying to the FBI for a job? |
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William Henderson on August 10, 2011 at 5:16pm
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kiddo (TX):
If that’s the only black mark in your background, don’t worry about it. Something that you did 13 years ago when you were 15, is hardly relevant to who you are now and what you will do in the future. You have to list it on the clearance application form (SF86) because it was a felony charge, but the primary purpose of the clearance vetting process is to try to predict future conduct based on past and present conduct. The purpose is not to penalize people for mistakes they have made in the past. In the “additional comments” field in the section on Police Record where you must list the charges, state your remorse and describe what happened (include case disposition) emphasizing the isolated nature of the offense, your subsequent accomplishments (education, employment, and positive community/social activities) in a manner that makes it obvious that it will not recur. |
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William Henderson on August 10, 2011 at 5:12pm
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Ryan (Cincinnati):
You can try AA later, but for now AA will not help your situation in relation to a security clearance or suitability determination, because it is anonymous and because there will be no professional counselor who can give an opinion regarding your condition or your response to treatment. Go to a counselor or clinic that specializes in alcohol abuse (or substance abuse) where you will receive a thorough evaluation. The form of treatment/counseling (i.e. residential, outpatient, individual counseling, group counseling, medication) is a decision best made by the professional who does your evaluation. How you go about presenting information on a federal clearance application form depends on the type of clearance involved and whether you are applying for a job with a federal agency or a federal contractor. In either event, if it’s important to you, you should seek assistance from a consultant who specializes in these matters. Your problem is not one that can solved with free advice on an internet forum. |
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William Henderson on August 10, 2011 at 4:58pm
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Mr. Henderson,
I am 30 years old and presently I am being charged with Felony Theft (better lapse of my judgment). I have hired a lawyer and he believes with my completely spotless background that getting the charge either dismissed with 1 year good behavior or even down to a misdemeanor is very likely. Should I be able to get the charge either reduced or dismissed what are my chances of getting a security clearance. I will be applying for a DoD job this December. This act is completely out of my character and I made a mistake that will never happen again.
Another question is on the SF86 , it asks have you ever been charged with a Felony. I saw your video and you stated that I have to answer "YES" even if it is dismissed or reduced if that is the way it was INITIALLY presented at court. I have spoken to my lawyer and we are confused as to the wording of this. He said that at the PRE-LIMINARY hearing it will be stated as a FELONY, however then is not my real court date, he said that after the PRE-LIMINARY hearing is when he will meet with the other side and work out a deal. Should this be the case and after the PRE-L hearing my lawyer works out a deal and the charge is reduced from a FELONY to a misdemeanor can I answer "NO" to the FELONY question on the SF-86.
Last question, with this incident being to fresh are my chances of getting a clearance almost nill even with a previous spotless record showing a record of trustworthiness and good behavior and that my recent misconduct was out of my normal character and was a mistake.
Thank you for any enlightenment. |
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Robert (Virginia Beach) on August 10, 2011 at 9:11am
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Hi Mr. Henderson,
A follow up to my previous question from 8/1.
I am currently a Federal employee in a non-sensitive position (filled out SF85 in 2008). I submitted the SF86 paperwork to begin the security clearance process for a DoD national security position a few days ago. Will the fact that I have a non-sensitive background check on file with OPM speed up my national security position background check?
Thanks,
Chris |
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Chris (Maryland) on August 9, 2011 at 8:09am
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Hello,
7 years ago, while in College, I stole a college text book valued at over $200 and returned the book onto a credit card. I was 20 years old and it was a foolish mistake. I had no prior run-ins with the police and this was my first offense.
I was not expelled from the University, but the local police came down on me pretty hard. After a plea bargain, I was sentenced to 5 nights in County jail and have a misdemeanor on my record: "Obtaining money under false pretenses." Pretty ugly! I don't think my lawyer had my best interest at hand...after wards, I was told EVERYTHING should have been dropped - no priors, no speeding tickets, honor student, nothing on my record.
Regardless, the misdemeanor is still there. It is not drug and/or weapons related. I have been an outstanding citizen since that episode and have essentially "walked on eggs-shells" since.
Since this is considered non-violent and I do not have a pattern of making bad decisions - am I disqualified from a secret/TS clearance?
Thanks in advance,
Jon |
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Jon (Virginia) on August 8, 2011 at 3:22pm
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Mr. Henderson,
I was recently offered a job offer for a contractor for the Department of Defense. I require security clearance for this position but I am afraid that a few citations will cause a denial of clearance. In May 2010 I was arrested for a zero-tolerance DUI infraction (and everyone tells me it should have been a misdemeanor but it was written as an infraction on the citation) for blowing a .06 3 days before my 21st birthday. I was not arrested. The cop impounded my car and allowed me to walk away. The zero-tolerance DUI was reduced to a disturbing the peace 215A by court and I paid 250 dollars and did not have to take any community service or AA classes. The DMV did suspend my license for a year since I was under the age of 21 at the time of the citation and I have not had any other encounters with the law since. The only other charges I have are a speeding ticket that occurred 2 years ago, and a running a red light ticket that occurred 3 years ago.
Will this have an impact on my clearance and cause a denial?
Should I state this in the clearance forms?
Thank you for your input. You have a great site here by the way.
Dave |
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Dave M. (San Diego, CA) on August 8, 2011 at 2:49pm
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I was charged with two felonies in 2003, one for possession of a narcotic, and the other for “maintaining a drug house” because of the sellable quantity. I was also charged with a misdemeanor for possession of marijuana. This was all related to one incident and I have never had any criminal charges before or since. My lawyer convinced me to plead guilty to the misdemeanor charge under Michigan section 333.7411. As a result, the felony charges were reduced to misdemeanors and “dismissed”. Upon one year of served probation, the misdemeanor that I admitted guilty to was expunged and the case was dropped. I have never admitted to using during the last 10 years.
I know I have to include all charges on the SF 86, including the original felony status of the first two counts. Even though the felonies were reduced, will the FBI still consider the charges felony convictions? And will pleading guilty on the misdemeanor charge, which I assume will mean a conviction on this charge, disqualify me for security clearance?
Thanks and I appreciate any advice. |
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Colin (Michigan) on August 5, 2011 at 11:18pm
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Thank you for your time.
When I was 15 (13 years ago), I ran away from my parents home. I used their car to do it. They pressed charges and the incident resulted in my being charged with two felonies (one for the auto, one for personal property), though both were dropped after community service hours. I have since completed a degree in engineering and am be courted by a defense contractor that will require that I be able to gain secret clearance. I have not been involved in criminal activity since that incident as a teenager, and my credit is good. Any advise for points to hit in the explanation area on the form? Should I just not even bother trying for the clearance? |
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kiddo (TX) on August 5, 2011 at 7:58pm
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Thanks for your quick response Mr. Hendseron. I really need this job and a background investigation is right around the corner (if selected). What do you recommend? AA, VA group, personal counselor, etc. What is the best way to provide documentation I am trying to right this issue? |
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Ryan (Cincinnati) on August 3, 2011 at 11:24am
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Patrice (Virginia):
You need to reassess your alcohol consumption with the help of a professional alcohol counselor. I assume that you self-reported the 2 previous alcohol-related offenses, as well as the current offense, to your security officer as required by security regulations. If not, you have made your problem worse. If you haven’t self-reported the offenses, you need to do it immediately. I think there is a good chance that your security clearance will be suspended temporarily while an investigation is conducted. Depending on the results of that investigation, a decision will be made to continue or revoke your clearance. Getting the court to dismiss or reduce the charge against you isn’t going to make that much difference to a security clearance adjudicator. I recommend you get professional help to defend your clearance. |
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William Henderson on August 3, 2011 at 3:53am
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Ryan (Cincinnati):
For federal employment suitability determinations, 3 alcohol-related convictions represents a “pattern of excessive” alcohol consumption, which is a “D” level issue (scale is A, B, C, and D with D being the most serious). Additionally 2 of the incident occurred within the past 36 months and would normally result in having the issue level raised one letter, which of course is not possible if the issue is already a “D.” You need to reassess your use of alcohol, consider changing your lifestyle, and entering a counseling program that is more than just an alcohol aware program, if you want to improve your chance of a favorable adjudication for federal employment suitability or a security clearance. “D” level issues usually result in an unfavorable employment suitability decision unless there are persuasive mitigating factors.
Only about 70 to 80 of criminal offenses show up on an FBI name check. Public intoxication offenses are frequently not reported by local law enforcement agencies to the FBI; however, arrest information for these offenses are maintained in local and state records for several years. |
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William Henderson on August 3, 2011 at 3:21am
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Mr. Henderson:
I have the following incidents:
1) I was arrested for a DUI in October 2005 in CA. The charge was reduced to wet-reckless. I paid a $3000 fine, my license was suspended for 30 days, and I attended a 4-week alcohol awareness program.
2) In December 2008, I was arrested for public intoxication in TX. I paid a fine.
3) In January 2011, I was arrested for a DUI. I paid a $500 fine, my license was suspended for 30 days, and I attended a 4-week alcohol awareness program.
I have no other offenses (speeding tickets, parking tickets, etc.) in the last 10 years outside of these; however, more than 10 years ago (from 1991-2000), I received approximately 10 moving violations. I previously had a Secret Clearance while in the military, which has lapsed due to time.
Not that it matters, but the (3) violations mentioned occurred on Friday nights after poor judgement. I requested an FBI background check and #1 and #3 appear, but not #2. I am applying for a GS-09 level position with the GSA. How do you think this will this effect my adjudication?
Thanks in advance for your help. |
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Ryan (Cincinnati) on August 2, 2011 at 2:18pm
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Thanks Mr. Henderson! Great website! |
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Chris (Maryland) on August 2, 2011 at 6:41am
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Hello, so here is my situation:
I am up for my 5 year reinvestigation and i'm very concerned. In Nov 2007 I was arrested for a DUI. This charged was dropped to reckless driving in which I received a 6 month restricted drivers license and paid a fine.
In May 2009 I was arrested for another DUI. This charged wasn't dropped and I received a 12 month restricted license paid a fine, and went to counseling for 30 weeks. After this incident I made some changes and stopped hanging out as much as I had.
Last month I went to a very innocent dinner with a friends had a few glasses of wine and drove home afterwards. Along the way I was stopped by a police officer and arrested again for a DUI. I am currently being charged with a second offense DUI. And this is really affecting me right now.
I do not drink every day (nor have I in the past) and do not think alcohol is a problem. I'm a very sociable person, have a lot of friends, and i'm single with no children to take care of. I feel that this is making me look like a habitual offender and i'm really scared that I'll lose my TS clearance. I am going to counseling again, took a driver improvement coourse and getting enrolled in an alcohol education program. Will this help my case or is there absolutely no hope for me at all.
I don't know what the outcome of my current offense will be but I've hired a lawyer and I''m truly fighting this one.
Any advice would be helpful and appreciated.
Thanks. |
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Patrice (Virginia) on August 1, 2011 at 6:58pm
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Chris (Maryland):
No, it will not be an issue. You should not mention it on the SF86. You should not mention it on the OF306 either because it is outside the 10 year timeframe for the relevant question on that form. |
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William Henderson on August 1, 2011 at 4:45pm
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Hi Mr. Henderson,
I have been offered a position with the Army (civilain job) that requires a Secret security clearance and I am waiting to start the security clearance process. I have a misdemeanor charge (disturbing the peace - nothing related to weapons, drugs, or alcohol) from December of 1999. I have a clean record since then. This should not be an issue should it? Should I even mention it on the SF-86 since it is outside the 7-year window?
Thanks,
Chris |
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Chris (Maryland) on August 1, 2011 at 9:57am
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My license was only in suspended state because even though I had paid the fines on my speeding ticket, I did not reference the case number on the money order. I mailed it in and did not go into a court room setting for the ticket. And, if it makes any difference, the suspension happened three days before I got my DUI at the time I had not received the notice from DMV that it was suspended, it came three weeks later. Thank you for your answer and time. |
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Wayne Kensay (Tempe, AZ) on July 29, 2011 at 3:46pm
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Wayne Kensay (Tempe, AZ):
A single DUI without any other evidence of an alcohol consumption problem rarely results in a security clearance denial or revocation. If the reason your license was suspended at the time of the DUI had anything to do with alcohol then it would complicate matters, but not necessary rule out the possibility of receiving a clearance. Also driving under the influence on a suspended license shows extremely poor judgment and disregard for the law. These are all things that will be taken into consideration. Clearance adjudicators are primarily concerned with conduct, not with the outcome of a criminal proceeding. In another jurisdiction your offense would probably have been a misdemeanor. |
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William Henderson on July 29, 2011 at 4:27am
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I realize I am reviving an old thread but have to ask a question of my own and I am hoping you will be able to help. I have been convicted of a Felony DUI in 08, licence suspended was what pushed it up to a felony, no victims of any sort in this offense. I work in the Engineering/Computer industry, Configuration Management, would this type of offense prevent me from gettting security clearance? Since this time I have held a position with a company that contracts primarily with the Military without an issue but due to defense budget cuts a lot of us (over a thousand) were laid off. Any information given is much appreciated. Thanks. |
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Wayne Kensay (Tempe, AZ) on July 28, 2011 at 3:12pm
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Thank you, Mr Henderson for the answer and sound explanation. |
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Down in the Dumps (Iraq) on July 26, 2011 at 10:13pm
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Thank you ! Logcap is in Afghanistan and Iraq working for DOD. Somebody had said they have a new "initiative" that requires everyone to have an honorable discharge. |
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jules (texas) on July 26, 2011 at 2:24pm
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Jules (Texas):
I don’t know what Logcap is. There are no government-wide rules regarding contractor eligibility to hold Public Trust positions. Federal agencies are only encourage to use the same rules as those that apply to federal competitive service appointments under 5CFR731.202. Generally criminal or other misconduct that occurred more than 7 years ago without any recurrence is a non-issue for federal employment suitability (including Public Trust) determinations. I can’t imagine a situation where criminal conduct or other misconduct that occurred 21 years ago would affect a Public Trust determination for any federal agency or under any federal contract, unless you were just released from prison after serving 20 years for espionage or treason. |
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William Henderson on July 24, 2011 at 9:25am
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Mrs. Brown (san antonio, tx):
You husband’s criminal offense from 5 years ago should not affect your eligibility for a security clearance. The only relevant disqualifying condition under the Adjudicative Guidelines is “association with persons involved in criminal activity.” This only applies when the person is currently involved in criminal activities or is a career criminal.
It’s very unusual to have an interim Secret clearance withdrawn 18 months after it’s granted. Interim clearances are usually withdrawn when some previously undisclosed unfavorable information surfaces during the investigation. The only reason they would withdraw your interim clearance because of the collection account is if the information you provided about it on your SF86 differed significantly from the information in your credit report. It’s also very unusual for a Secret clearance to take 18 months. Usually if there’s a problem serious enough to result in a Statement of Reasons (SOR), the applicant is interviewed by an investigator and given the opportunity to explain or refute the unfavorable information before the investigation is closed and sent to adjudication. If your investigation is closed without an interview of you, at the very least you should receive a “Written Interrogatory” from DOHA before they decide to issue an SOR.
Something seems very wrong with the way your investigation has been handled. When you were granted an interim Secret clearance, did you sign a Non-Disclosure Statement, receive a security briefing, and begin working on classified information? When your interim clearance was withdrawn, did your FSO have you sign a security termination/debriefing statement? Check with your Facility Security Officer and ask whether your investigation is still open or whether it has been completed. |
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William Henderson on July 24, 2011 at 9:13am
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I would like to know if a person has a Bad Conduct Discharge from 21 years ago and has gone on to have a very productive successful life with no credit or other issues. Is there going to be a problem with the 85 public trust? Is it automatic dismissal? Thanks
Forgot to add, this is for Logcap position. Ive heard rumours that they are putting stipulations on that contract regarding discharges. |
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Jules (Texas) on July 22, 2011 at 7:23pm
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I am a DOD contractor. I had an interim clearance for about 18 months. In March I was notified that my interim clearance was declined pending an investigation. There was a comment by my supervisor that this denial was related to financial reasons. However, this was not confirmed by my security officer. I was told that I must wait for a "statement of reasons" before I can find out. It has now been four months and all I am left to do is to speculate as I wait for answers. I keep thinking about what could have caused this, and I can only come up with two possible reasons. First, I must say that I never lied on my application, I told the truth no matter if it could hurt me. Also, the clearance is for "Secret" status. The first reason I believe this could have happened is financial. When I filled out the E-QIP application I had a collection debt with a bank that had occurred while I was in college. I answered yes to the question regarding collection accounts and reported the account information. I was in the process of paying the debt back and within 3 months of completion and submitting my application for clearance, I had paid the debt. It is no longer on my credit report. The second issue I can think of is one pertaining to my spouse. Prior to my spouse and I meeting, he had received a misdemeanor assault. Since the incident, he has not had any issues at all. However, it has only been 5 years since incident and 4 years since the incident was cleared in court. It is still on his record. I was never asked of his criminal background on the E-QIP. I was only asked about his SSN and the names of his parents and family members. Therefore, I never had a place to report it, and did not think this was something that could affect me. My question is, Could my spouse's history from before we met affect my interim clearance? Or would my simply telling the truth about my financial situation really be to blame? Also, how long must one wait to receive a "statement of reasons?" |
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Mrs. Brown (san antonio, tx) on July 22, 2011 at 3:26am
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I have been told that the only way you can work for a LOGCAP IV contract is that you must have an Honorable Discharge? The SF85P does not ask for your type of discharge but if you were discharged, period of service and if you registared for the Selective Service. I was informed by a recruiter from one of major contractors that it was a requirement. I have never heard of that. Can you please shed some light on this situation. Thanks |
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Down in the Dumps (Iraq) on July 20, 2011 at 9:05am
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Thank you Mr. Henderson for the information. Confinement was only for 28 days. There have been no other incidences. |
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Sally Sue (San Antonio, TX) on July 18, 2011 at 5:32pm
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Latinoheat (TX):
The offenses will be taken into consideration, but absent any misconduct since then you should receive a final clearance. You should expect that your case may take longer than average. |
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William Henderson on July 15, 2011 at 5:42pm
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Anonymous:
You can rectify the situation. You can only admit the falsification, state your motive and remorse, and try to show that it was an uncharacteristic lapse for an otherwise truthful, honest person that is unlikely to recur. |
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William Henderson on July 15, 2011 at 5:38pm
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Sally Sue (San Antonio TX):
A single misdemeanor conviction is not a disqualifying factor for a security clearance. A felony conviction that occurred more than 16 years with no criminal or grossly dishonest conduct since then shouldn't result in a clearance denial. I assume you did not serve a year or more in confinement. |
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William Henderson on July 15, 2011 at 5:33pm
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I was arrested back in 1991 for theft (credit card abuse) it was a felony charge - Did 5 years probatio. I also was arrested for aggravated assault - dismissed, happen back in 1992 or 1993, once again assault charge was dismissed also shows dismissed on my record. Never been in trouble since than. Will this affect my chances in getting my SF85 or even a SF86. |
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Latinoheat (TX) on July 14, 2011 at 10:54am
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I filled out a clearance form as an intern about four years ago and received a Secret clearance. I answered negatively to the smoking marijuana in the past 7 years, even though I smoked 2-3 times in about 7 to 4 years prior. I can only remember one occasion specifically. I lied because I never imagined seeking a higher clearance, and because I was changing careers later in life and could not afford to not obtain the employment. Indeed, there were other people in similar positions whose applications for employment were either delayed or stopped because admitting marijuana usage. I obviously do the research I am doing now about the ramifications. Now I wish to apply for a top secret clearance, and I want to come clean on the new application. At this point the drug usage would have been about 7-10 years ago. Obviously they will notice the discrepancy. Is there any thing I can say or do to obtain/retain my clearance and rectify the situation? |
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Anonymous on July 13, 2011 at 5:42pm
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In 1994 was discharged from the Marines with a Bad Conduct Discharge, since then it was upgraded to Other than Honorable. The charge was conspiracy to commit larceny greater than $100. Since then I have worked at a bank and insurance company for several years; all private sector. I have been offered a contracting job, will having a misdemeanor conviction on record prohibit me from getting a security clearance? |
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Sally Sue (San Antonio TX) on July 13, 2011 at 12:10am
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Just received my clearance after months of shattered nerves. I am a military guy and had a sketchy past and I got a high clearance. I always said I would post something on here if I ever got cleared so I just want to give back. The most important thing is BE HONEST and the second most important thing is BE HONEST. I had past things I had omitted coming in but I admitted to just about everything taking some things into consideration but I even went past ten years. I sweated it out for month thinking I was done. Good luck. I am can finally move on with my life and hopefully get an awesome assignment |
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tell the truth (midwest) on July 8, 2011 at 6:43pm
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Kathy (Waldorf, MD):
If you have already been hired for the job, you should be thinking about how best to mitigate you past problems rather than trying to guess at your chance of getting a clearance. Anything I or anyone else says is just an educated guess and we can’t even guess without knowing your history of drug abuse, you credit history since the bankruptcy, and some of the details behind the employment termination (there seems to be more to it than you stated). |
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William Henderson on July 5, 2011 at 5:15pm
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Ryan (Virginia ):
Any misconduct can adversely affect your eligibility for a security clearance, but your misconduct is fairly minor and should not result in a clearance denial. |
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William Henderson on July 3, 2011 at 4:32am
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I currently have a secret clearance in the military. In 2002 I was charged with possesion of CDS and possesion with intent to distribute CDS. I plead guilty to possession. In 2004 I was charged with disorderly conduct and recieved 20 hours community service in 2008 I was charged with public intoxication and received community serice in 2011 I was charged with disorderly conduct but that was dropped because there was a mix up at the night club and they thought I was the one causing the disturbance. I am in the process now of getting these records expunged. My current career path will eventually require a top secret clearance for advancement. Is it possible for me to obtain a top secret clearance one day or start looking at other career options while I'm still young. |
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Steve (Maryland) on July 1, 2011 at 11:36pm
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I was arrested and plead guilty to possession of drug paraphernalia in August of 2008. I was not convicted. I was given PBJ and did 2 days of community service. I plan on having this expunged in August 2011.
I was fired from a job in 2006 because I gave a reference for a co-worker, and the person who called me for a reference thought I "misrepresented" the firm I worked for, although I never said I was in the Human Resources Department. I simply stated my friend worked there as a secretary and that she was a good worker. The person who called for the reference called my HR Dept. and told them about it. I was fired.
I declared bankruptcy in 2002 when my marriage fell apart. The debt was 90% of my ex-husband's as he bought whatever he wanted without a payment plan in mind.
I just landed a job with a defense contractor, and they said we need to apply for a Secret Clearance, and eventually a Top Secret Clearance.
What are my chances of receiving a clearance?
Thank you for your help. |
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Kathy (Waldorf, MD) on June 30, 2011 at 11:12am
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I have accepted a job with a federal contractor pending a security clearance. I am currently 22 (turn 23 in a couple days) and have smoked weed about 3 times in my life, most recently about two years ago, and I have an underage possession of alcohol charge I got while at a party in college. I was 19 at the time and the police cited the entire party, all 25 of us. I appeared in court and took the plea agreement of 25 hours community service. Will any of this effect my ability to obtain a secret clearance? |
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Ryan (Virginia ) on June 28, 2011 at 3:57pm
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Jim (Long Beach):
Of course the adjudicator will read the police report. A single misdemeanor offense is not a potentially disqualifying condition for a security clearance, if there are no aggravating or complicating factors (i.e. alcohol, drugs, etc). You might have a problem getting an interim clearance because you will have to answer “yes” to the question that asks about being charged with a felony offense. |
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William Henderson on June 28, 2011 at 12:30am
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Richard (Virginia):
The case closed date and the date the case is available at DISCO for adjudication is the same. There is no longer a lag between these two dates because the case is transferred electronically. Adjudication time at DISCO has been steadily increasing over the past 12 months and will continue to increase for awhile. The most recent data available is 9 months old. In September 2010 the fastest 90% of PRs was adjudicated in an average of 75 days. PPRs are issue free, so they would always be in the fastest 90%. I’m guessing that you had an SSBI 5 years ago and received a TS, had it administratively downgraded to Secret and now you need a TS again? |
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William Henderson on June 28, 2011 at 12:24am
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I was arrested and charged with Felony hit-and-run in August of 2006. The charge was then dropped to a Misdemeanor a few days later in court. I was hit with 3 years of summary probation and extra military duty (I was in the Marine Corps at the time). I received an honorable discharge in the Marine Corps after 4 years and was even promoted to Sgt after my incident. A little over a year after my incident occurred I went back to court and had my probation terminated and my case dismissed/expunged. The incident is almost 5 years old and besides my honorable discharge from the Marine Corps, I have also received an honorable discharge form the California National Guard and have earned a B.S. degree in International Business. I have absolutely nothing else on my record, and my credit is flawless. I have received a conditional job offer from a Government Contracting Company, which will require a security clearance. Will I be disqualified because of this incident? If the person who is in charge of granting me a clearance were to read my police report, I think they would feel as though I was screwed over by the police. Thanks! |
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Jim (Long Beach) on June 26, 2011 at 6:39pm
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For a PPR investigation for a TS processed through a contractor (who currently only holds me at the Secret level), any idea how long adjudication by DISCO takes after the investigation is closed by OPM? Would JPAS actually show "pending adjudication," in the adjudication section, or just indicate "investigation closed" until there's an adjudication listed? |
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Richard (Virginia) on June 26, 2011 at 2:53am
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Can I get a secret clearance if I plead gilty in 1998 for aggrevated battery. |
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Anonymous on June 23, 2011 at 10:43pm
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taltenes (Utah):
You don’t have the option of waiting until your next period reinvestigation to deal with this issue. You have an obligation to self-report this offense and the counseling to your company FSO or government security officer immediately. The judge and the prosecutor are probably considering expungement or possible sealing the record. For security clearance purposes, sealing/expunging records makes no difference. The judge and prosecutor are not in a position to influence your eligibility for a security clearance. If your job requires you to carry a firearm, then you will lose your job. If not, then your situation will be reviewed, investigated if necessary, and reevaluated for continued eligibility for access to classified information. |
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William Henderson on June 23, 2011 at 1:23am
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Wow there is a ton of info here. My questions is..I was charged with a domestic violence misdemeanor in Utah earlier this year. Of course i had to pay a fine and was ordered to take a DV class and an alcohol class (even though I wasn't charged with any kind of alcohol related crime. Anyways...after paying the fine, some community service and starting the classes I went back to court to see what can be done about my security clearance renewal that will be coming up within the next year as well as to see if I can see a personal counselor instead of the ordered classes. The judge and prosecutor talked a bit and also talked to the victim about the situation. The two points being..one gets more with one on one counseling and two possible losing a job over the security clearance. The judge agreed to change the classes to the one on one and also agreed with the prosecutor to help fill out something/revisit my case in one year of the conviction to see what they can do about my record and the security clearance as long as I was in good standings with everything and everyone.
During this process I also lost my concealed weapons license. Which is understood. Its the law. Unfortunately I can not have a gun or even hunt. By Utah law I think I have to wait the four years for the misdemeanor to drop off. My question is, I am looking for clarification on what the judge and prosecutor can do for me with the conviction being on my record? Please don't get me wrong...I want, need and will take their advice when that time comes. I am very great-full for them taking the time to listen to me twice then and again in a year. My understanding is once convicted its there for good. Which means I may lose job. The judge and prosecutor made it clear that they do not want to see that happen. If any body has any kind of info, please let me know. Thanks............ |
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taltenes (Utah) on June 21, 2011 at 10:55pm
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Jim S. (Washington):
There is no exception for juvenile records. If it was a felony conviction, you will have to list it on the SF86. If your treatement ended less than 7 years ago you will also have to list that at the mental health section of the SF86. Investigator access to juvenile justice records varies from state to state and sometimes from county to county. In California each county publishes a TNG order every year listing the agencies that are authorized access to juvenile justice records. If the investigative agency is not on the TNG order, the investigator can still get the permission of the presiding judge to access the record. Of course the judge can say no. I can’t comment on the impact of a juvenile conviction without knowing the reason for the conviction and some information about the person’s life after the conviction. |
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William Henderson on June 21, 2011 at 8:53pm
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Mr. Henderson,
I am curious to know at what point does a sealed juvenile record become a problem for someone looking to acquire a top secret clearance, especially for 2 felonies? I'd rather not get into specifics about my sealed record but it is something that - as a 13 year old - I was required to attend a treatment facility for. |
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Jim S. (Washington) on June 20, 2011 at 5:08pm
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TomI (BX):
Information about arrests/charges/convictions is reported at section #22 (Police Record) and there is no time limit for drug-related offenses and felony offenses. If you are applying for a position that requires SCI eligibility, there is an automatic disqualification for having served more than 1 year in prision, but it can be waived. For regular security clearances this automatic disqualfication does not apply. All but one question in section #23 (Illegal Use of Drugs or Drug Activity) is limited to 7 years. |
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William Henderson on June 20, 2011 at 11:31am
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Tigers11 (chicago):
For a regular government job (i.e. competitive service appointment) what you described wouldn’t even come close to being a disqualifying condition, unless it was the last in a series of incidents indicative of negligence or misconduct in employment. But for short-term temporary positions there are no government-wide employment suitability standards. Common sense suggests that it shouldn’t prevent you from being acceptable for an intern position. Just explain on the OF306 what happened and state that you were never warned, reprimanded, etc. for any other problems.
There’s no requirement to do any type of background investigation for a short-term temporary position, but it’s possible that they’ll check OPM’s online database of federal investigations/clearances. Your form will be reviewed by the agency’s HR office and most likely the manager that selected you. |
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William Henderson on June 20, 2011 at 11:18am
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Dear editors:
I have been selected for an unpaid volunteer internship with the federal government in Washington this summer that starts soon. I do not have to fill out an SF 85 or 86, but I do have to fill out the 306. I left my office job last year to go to law school. I told my supervisor that I would be leaving in one month for law school (but stupidly did not give my official 'two weeks notice" because I didn't want to be put on any long-term projects, but still wanted to work and get paid for another month to save up money). They fired me the very next day for coming in 20 minutes late. I had no meetings or even work to do that morning, and it was an office job where it was typical for people to make their own schedule, although most were usually in by 9am. Although they had told me that I should be there at 9am, they said in the past that that was a reasonably flexible deadline.
I have no criminal record or debt/credit problems, so this should be the only blemish on my application.
Since I start in two weeks and have only been given the 306 today, I'm trying to make plans to move out there for the rest of the summer. But I don't want to buy a plane ticket and then get denied by something like this.
I know you probably cannot say for sure, but how serious would this incident be for a volunteer (unpaid) summer intern?
Also, do my potential supervisors I interviewed with get to see this form? Or do they just see that I passed/failed the clearance check? I had a really great interview with them, but I would feel awkward later working for them if they knew I was "fired" from my last job. What steps could I take to speed up the clearance process other than telling the complete truth (since apparently they are going to do it in less than two weeks)? My previous employer has a policy not to disclose any reasons for termination, and just gives the dates of my employment. I was the third person in less than a year to announce they were leaving the department that had 10 people to begin with due to problems with my supervisor. She was very difficult to work with. Should I mention this, or does that come off as excuse-making? |
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Tigers11 (chicago) on June 17, 2011 at 10:58pm
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With respect to SF-86 Question#: 23, I was arrested in 1986, I did 18 mos. for a drug possession charge plus a violation of probation, 1985. Will this be an automatic failure of clearance? I have had no other connect since then, obtained 3 degrees, three licensees, and work for over 5-years in the dc government. These offenses were over 20-years ago. Second question: does the 7 or 10 time frame apply to question 23 on the SF-86? Or is this giving information not asked for due to this 7 0r 10 year time frame? Thank you for your response in advance. |
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TomI (BX) on June 17, 2011 at 11:46am
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Jim S. (Washington):
Appendix D, “OPM Suitability Adjudication Guidance,” pertains to federal employment suitability. It is not used for security clearance adjudication. Appendix D only applies to federal employees, applicants for federal employment, and people who apply for contractor positions involving a “Public Trust” determination.
You stated that, “I will be completing my SF86 within the next month and will more than likely make the adjudication level of a personal appearance in front of a judge within the next two months.” I’m confused by this statement. If you think your case contains enough derogatory information to result in a clearance denial and appeal, why do you think the investigation and initial adjudication will only take a month or two? Six to 12 months is more realistic. Also, I don’t see anything that should make you reach this conclusion, unless it involves the 2 sealed juvenile records. I think you may have misunderstood the process. A “personal appearance” before a DOHA administrative judge is part of the appeal process for a security clearance denial of a military serviceman or a federal employee. It is not part of the process for appealing an adverse employment suitability determination, which uses Appendix D.
Regarding legal proof, read the section of my book on “Standards of Evidence” starting on page 158. |
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William Henderson on June 16, 2011 at 10:48am
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Great site.
Mr. Henderson, here is my situation.
I have a sealed juvenile record for 2 offenses.
I received a minor in consumption in college in September of 2005. Paid a fine of $150 and had no license for 6 months.
I've driven drunk a couple of times college in 2006 and 2007. Haven't since.
One speeding ticket of <$50 in summer of 2007.
I received a malicious mischief charge in July of 2010 for tossing a cone into the yard of the person that I believed was the owner of the cone because it was lying on the sidewalk. No damage was done or intended. Alcohol was a factor. Paid a fine of $39
I've experimented with marijuana with my brother during my first year of college (2005-2006). I no longer talk to nor have I seen my brother in 2 plus years.
I graduated from college in the Fall of 2009, and married the next year. I have been promoted to a position of trust at my current place of employment, disassociated myself with the friend that encouraged the 'malicious mischief' behavior (though I know in the eyes of the adjudicators I am the sole person responsible for my actions) and have since moved to a different town.
I will be completing my SF86 within the next month and will more than likely make the adjudication level of a personal appearance in front of a judge within the next two months.
I appreciate your input and estimation as to my chances of acquiring a security clearance.
I am applying for a Top Secret clearance.
Also, I have purchased and read your book titled "Federal Suitability and Security Clearances: Issue Mitigation Handbook"
I found Appendix D particularly interesting, however I do have a question. Are guidelines in Appendix D followed for issues that are legally proven EXCLUSIVELY, or do they include issues admitted to but not legally charged and convicted?
Thank you. |
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Jim S. (Washington) on June 15, 2011 at 4:56pm
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Todd A (TX),
If you have no subsequent involvement in criminal conduct or drug involvement, I think you should not have a problem being granted a Secret clearance. Good luck. |
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Bill L. (Bowie, MD) on June 14, 2011 at 9:30am
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Limit_hardcore (CA),
In my opinion, you should not be denied a clearance for something 9+ year old. If you have been compliant with all court-ordered requirements, you should be okay. Good luck. |
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Bill L. (Bowie, MD) on June 14, 2011 at 9:27am
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Young (Wash, DC),
If this is your only issue, I think you will be granted a final Secret clearance. Good luck. |
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Bill L. (Bowie, MD) on June 14, 2011 at 9:24am
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I was arrested 2/22/1998 for a Misdemeanor - class poss Marij <2oz . The ending Disposition of Deferred Adjudication. This is all I have on my record, and now trying for a computer tech support job for Lackland AFB . And I know I'll need to gain Sec clearance but I'm not sure what level. It has been over 10 years now since my offense. Should I be worried about getting my sec clearance ?? |
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Todd A (Luling TX) on June 11, 2011 at 6:19pm
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In 2002 I pled no contest to a sex offense. I was given a withhold of ajudication and probation. Because of the mitigating circumstances I was granted an early release from probation and have been in no trouble since. I am not a felon, however I had to registeer as a sex offender in Florida for life, but am awaiting a decision on a pardon. Will I be able to get a security clearance? |
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Limit_hardcore (california) on June 11, 2011 at 1:23am
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I recently applied for a job and need a security clearance. I was charged with petty theft bout a year ago. I did community service and my case was dismissed. Since then I have not gotten into any trouble. I was denied an interim. Can I still get a security clearance? |
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Young (Washington, DC) on June 10, 2011 at 9:25pm
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LostTacoStand (Utah):
It depends on which SF86 you fill out. Two versions of the form are currently in use until September 2010 when the older version will be completely phased out. On the old version you do not have to list anything about misdemeanor convictions that occurred more than 7 years ago that did not involve alcohol, drugs, firearms or explosivies. On the new version if you were on probation anytime during the past 7 years you will have to list it. If you haven’t been involved in any misconduct in the past 7 years, there is a very good chance that two misdemeanor offenses stemming from a single act that occurred 8 years ago will not result in a clearance denial. |
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William Henderson on June 7, 2011 at 7:35pm
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Back in 2003 I was convicted of two Class B Misdemeanors on the same incident for theft at a work place after I was no employed there. Other than that, my record is clean. I've also had them expunged which I know doesn't mean much with security clearances.
My question is, what are my chances of getting a secret clearance and also is there anywhere that I need to report this to them as I don't believe it asks about misdemeanors and also where the time has been over seven years? Thanks for your help! |
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LostTacoStand (Utah) on June 3, 2011 at 5:15pm
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Upon review of your site, my Misdemeanors did not involve alcohol, Drugs, weapopns or Violence.
I failed to horo a Cvil Protection Order as I did not know what it was and I was callinh home to return.
Mu domestic partner recorded the voicemails and had me prosecuted.
We had no contact.
This was in January 2004.
I then was reicarcerated for 10 months in February 2006 as my domestic partner was listed on a broadcast email in error. We had no contact.
He then had me prosecuted because the Civil Protection Order was still alive. |
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Ricardo (Virginia) on May 23, 2011 at 8:14pm
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In 2004 and 2006, I was charged with 3-4 misdemeanors on the same domestic matter that involved no violence or weapons.
I will apply for a Secret Clearance over the course of 2012, 6-8 years later.
Will I be able to secure one?
Upon review of your site, my Misdemeanors did not involve alcohol, drugs, weapopns or violence.
I failed to honor a Civil Protection Order as I did not know what it was and I was calling home to return.
Mu domestic partner recorded the voicemails and had me prosecuted.
We had no contact.
This was in January 2004.
I then was reicarcerated for 10 months in February 2006 as my domestic partner was listed on a broadcast email in error. We had no contact.
He then had me prosecuted because the Civil Protection Order was still alive. |
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Ricardo (Virginia) on May 23, 2011 at 11:33am
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I am in the process of having to get a Secret clearance for my new contracting job in Iraq. I currently have a Secret DoD clearance but I will be getting out of the USMC and it won't count for my new job. I will have an honorable discharge. I have:
1) drug abuse - 2002
1) DUI - 2005
5) simple assault - 2008 (same time)
Will this prevent me from obtaining a clearance or interim clearance for my new job? |
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Contractor (South Carolina) on May 18, 2011 at 8:40pm
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I had an incident where I got charged with DUI for Marijuana. This was back in 2008. I went to court and the charges where dismissed and all I had to do was go through a class for 3 days, I was charged with DUI and Possesion and paraphenilia, but it was all dropped. At the time I was not holding a job that required a security clearance, but now I do. When I'm up for re-investigation in 2016, will this affect me getting my Secret Clearance re-instated? And since all the charges where dropped should I even bring it up during the re-investigation? I'm working for a company right now in VA that does require my secret clearance and I know they did a background check, but they never asked me anything about the incident...I never said anything about that incident to them either, But now this new job I tentatively about to get hired on will do a Department of Homeland Security background check...will that pop up during that investigation or no? |
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WORRIED (VA) on May 18, 2011 at 5:48am
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MDC (VA),
Your investigation as a contractor was a National Agency Check with Local Agency Checks and Credit (NACLC). If you are employed as a federal civilian (vs contractor), you will have to undergo a new investigation, an Access National Agency Check with Inquiries (ANACI) for a Secret clearance. Good luck. |
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Bill L. (Bowie, MD) on May 17, 2011 at 9:56am
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HELLO, I have a question. My clearance was adjudicated cleared in January 2011( thanks to you and your fabulous blog site) I was offered a job with OPM and was advised I may have to go through another investigation. Why is my DISCO clearance not transfererable to OPM and what type of investigation will it be? I do not want to loose my current clearance level (TS) because I fought so hard and long for it. Please help !! |
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MDC (VIRGINIA) on May 12, 2011 at 9:52am
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Is the information on the SF86 form a public record? For instance, can expunged information, which is required to be detailed on an SF86 form, be requested by an opposing attorney and used in a civil or domestic court case against someone?
Does applying for a clearance job then effectively nullify an expungement by giving others a means to circumvent the protections of an expungement? |
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Unsure (FL) on May 10, 2011 at 10:25pm
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does me having a seven year old felony effect my wife fro going from a ts clearance to a sic clearance |
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mr.woo (va) on May 10, 2011 at 2:26pm
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Ten months ago I had a fight with my boyfriend. I slapped his face and was arrested and charged with a domestic violence "violation." I am still upset because the whole incident wasn’t all my fault; in fact I was the one who called 911 and the police arrested me instead. I completed my Anger Management classes and have obtained a Certificate of Disposition. I was told that the case will be closed after one year. My questions are as follows:
1. Will my violation charge or arrest show up in public record?
2. Will this domestic violence charge hinder my chance of getting a job at the U.S. State Department? My dream is to become a Foreign Service Officer...
3. What can I do at this point, beside not getting into trouble? Should I even bother pursuing the FS exam?
Thanks for your help! |
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depressed girl (New York) on May 7, 2011 at 6:27pm
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Hello,
I'm going to be applying for clearance as a construction contractor on several bases, including Fort Benning, Fort Stewart, and Camp Lejeune. I will be visiting for one or two days at a time, maybe once per month.
I was charged with battery, PI, and resisting arrest in 2004. I plead guilty to resisting arrest.
In March '08, I was arrested for OWI, which was reduced to Reckless driving.
Then again in September '09, i was arrested for OWI, which was also reduced to Reckless driving. This time I was fined $4000, completed 42 hours of counseling, and 40 hours of community service. This one really woke me up.
Do I have any chance of obtaining clearance to visit our job sites once per month? Are there other options, like day passes, if I can't get clearance? Thanks.
I'm now 30 and finally realized it is time to grow up and I have. |
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Construction Contractor (VA) on May 2, 2011 at 12:33pm
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Hello...
I have applyied for a job which requires a Q Clearance. I have a good chance of landing the position. The problem is that I have a slighting tarnished past.
My 1st run in with the law occured back in 1998 (13 years ago). The charges were grand theft auto. I was playing a prank on someone by moving their car to the other side of a wall. Well I got spotted by a cop just as I sat in the car. I never took off in it. I paniced, I ran & I was eventually arrested. I was 18, no money for a lawyer & the public defender suggested I take the plea bargain for a lesser charge of "unlawful means of transportation". I regret that choice everday. I never actually took the car, I should have found a way to hire a better attorney.
Second run in with the law was when I got jumped by 2 buddies I let stay in my own home. I got arrested & was charged with "battery on a household member". That was dropped when the people who jumped me told the judge in court that I was not the agressor.
Third run in with the law is a DWI which occurred almost 5 years ago.
WOW! That doesn't sound too good on paper! With this type of record is it in any way possible to obtain the Q Clearance?! |
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James (Arizona) on April 30, 2011 at 8:42pm
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Mappingirl33 (VA Beach):
It is possible to get a final secret clearance in your situation soon after you complete the ASAP (I assume this counseling is equivalent to a first offender program), but an interim clearance is very doubtful. |
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William Henderson on April 29, 2011 at 3:22am
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Tony (Florida):
It depends on what happened, not so much on the outcome of the criminal proceeding. A single felony offense is a potentially disqualifying condition for a security clearance. Failure to report this incident to your security manager at the time it happened is also a security violation and a potentially disqualifying condition. But most disqualifying conditions can be mitigated. |
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William Henderson on April 29, 2011 at 3:17am
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Chris (SC): Yes. How much of a problem depends on the circumstances surrounding the incident and other factors in your life. |
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William Henderson on April 29, 2011 at 3:11am
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In 2006 I was arrested and charged for a Felony 1 for spanking my stepson. I was very sorry about the incident.. The case was dismissed due to PTI diversion I didnt plead guilty and the case was dismissed. I will have my reinvestigation in 2014.. That is the only criminal thing that has happened, my case was dissmissed and later expunged. I will let the investigator know about this - my question is will my security clearance be revoked? I am currently in the military.. thanks |
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Tony (Florida) on April 27, 2011 at 7:59pm
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Hello,
I received a DUI five months ago. This is my first and only DUI and I've never had any infractions with the law before. I have a restricted license for a year (I'm in ASAP now) and then I'll have two years of probation. Is it possible to get an interim or secret clearance during my restricted year? If not, is it possible to get one during the two years of probation?
Thank you! |
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Mappingirl33 (VA Beach) on April 26, 2011 at 11:19am
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On New Year's I was arrested for "drunkenness" and "disorderly conduct." They are being expunged as part of the pre-trial intervention program. Will this pose a problem in the future for security clearance? Im 22. |
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Chris (SC) on April 26, 2011 at 12:10am
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Bill L.,
Thanks for your response. I still have some concerns of revocation due to criminal activity. I was not arrested but I committed about 5 counts of prostitution, which is a Class A misdemeanor in my state, over a year at various massage parlors prior to my behavior outside the US. I did not have sex at these places, it will be about 3.5 years since the last occurrence when my reinvestigation begins, and have no plans of returning. Do you think the adjudicators will overlook what has happened in my situation? |
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Michael (Arlington, VA) on April 21, 2011 at 10:09pm
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Renewal Worry (Washington, DC),
In my opinion, you should have no problem getting your Secret eligibility renewed in 2016, providing there are no subsequent issues. By 2016, your arrest will be 9 years old and should not be an issue. Good luck. |
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Bill L. (Bowie, MD) on April 21, 2011 at 8:57am
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Michael (Arlington, VA),
In my opinion, your conduct should have no bearing on the renewal of your clearance eligibility. In your scenario, you have done nothing illegal nor is there a situation where you could be coerced or blackmailed. Good luck |
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Bill L. (Bowie, MD) on April 21, 2011 at 8:53am
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I currently have a TS/SCI clearance and have engaged in legalized prostitution a few times while on vacation in places such as Canada, Germany, and the Netherlands. I am 29, not married, and have no intentions of hiding what I have done. I will be up for renewal in 2 years and am concerned that my clearance may be revoked due to security concerns listed in Guideline D: Sexual Behavior. Do you think I have a chance in keeping my clearance? |
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Michael (Arlington, VA) on April 20, 2011 at 11:01pm
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In 2007 I plead guilty to a misdemeanor Contributing to the Delinquency of a Minor charge for giving a family member a ride and they subsequently stole a vehicle. Upon speaking with my lawyer and police officials I was told that this would NOT affect my Clearance (secret) and so I've never mentioned it to anyone. It has been some time since the incident and I have no other arrests before or since - do you think my clearance will be renewed or should I expect to be revoked?
I'm up for renewal late 2016. |
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Renewal Worry (Washington DC) on April 18, 2011 at 5:18pm
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I recently applied for a secret clearance, I was denied and reasoning was "contractor not fit to serve". Can you tell me what this means? I smoked marijuana twice jan of 2001 and 4 July 2001 have not smoked since I graduated highschool. I also have a felony conviction, I pleaded not guilty and the case was dismissed though. It was false allegation. |
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vars (california) on April 13, 2011 at 12:05pm
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Mortified (OKC,OK):
You will be required to submit 2 of 4 forms. The OF306 and one of the following:
SF85 (for non-sensitive, low risk positions)
SF85P (for non-sensitive, moderate or high risk positions)
SF86 (for a security clearance)
The SF85, SF85P and SF86 are submitted electronically using eQIP. eQIP allows multiple entries under most questions, more than enough for you to list all your drug and alcohol related offenses. Each form has different time frames for answering questions. After 10 years, most offenses are mitigated by rehabilitation as evidenced by passage of time without recurrence.
All these forms are available at the OPM.gov website. |
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William Henderson on April 12, 2011 at 10:49am
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Dear Sir,
I am currently seeking a job as an engineer at the local base and have had trouble in the past with the law.
Breakdown of Idiotic behavior
Misdemeanor Posession on MaryJ guilty 1997
misdemeanor DUI deferred 1998
possession of CDS wintent Cocaine deferred and expunged 1999
possession of CDS wintent maryj deferred and expunged 1999
possession of CDS wintent pills deferred and expunged 1999
possession of pariphinelia deferred and expunged 1999
maintaining a dwelling deferred and expunged 1999
2001 DUI misdemeanor referred to DA
(man that looks really bad on paper)
Went to school and obtained a BS E.E. degree 2001-2007 and have had no contact with LE since.
Currently employed as an Electrical engineer but want to make jump to FEDS as GS11-12 but one caveat here is the job description that I applied for does not mention a secret clearance required. Many of the other engineer jobs applied for do say it on the announcement.
Question 1: SF86 (how the hell can I list all that in 2 spaces if needed)
Question 2: If it doesnt say I need a clearance on the announcement will I need it to work on the base?
Question 3: any chance that the evidence that my habitual behavior has diminished allow me get a secret or top secret?
Great site and I thank you greatly in advance sir. |
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Mortified (OKC,OK) on April 11, 2011 at 10:53pm
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Bob S:
There is no place on the SF86 to list being questioned by the police, unless you were arrested. However in most jurisdications the possession of a fake ID is a criminal offense. Using a fake ID is a separate offense. If your security clearance investigation includes a Subject Interview, you will be asked if you were involved in any undetected crime or any criminal activity for which you were not arrested. You should definitely tell the investigator about it then. I also recommend you list the matter in one of the “Additional/Optional Comment” fields in eQIP. Your name is on a police report and it will most likely surface during the background investigation. It’s better to get out in front of these things, before they surface and become an issue. Simply possessing a fake ID will not result in the denial of a security clearance, unless you have been involved in other criminal conduct or have a history of misconduct/poor judgment. Even then, everything would have to be taken into consideration before a clearance decision is made. Bottom line: a single misdemeanor offense without any aggravating circumstances is not a potentially disqualifying condition for a security clearance. |
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William Henderson on April 2, 2011 at 1:05am
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No, the cops caught the guy making ids. They knew I had one. So they asked me to write a statement about how I got it. They never charged me. It was only about a year ago. I am not sure if and where to admit to it on the form. Also, will it disqualify me? |
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Bob S on April 1, 2011 at 1:12pm
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Bob S (Colorado):
You need to restate your question. Were you arrested or detained for something? Was it alcohol-related? |
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scmauthor@lastpostpublishing.com on March 31, 2011 at 10:24pm
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Curious, I had a fake ID and cops knew about it, but never charged me. It was over a year ago. Do I disclose this since I was never charged? If so, where should I write about it? |
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Bob S (Colorado) on March 31, 2011 at 1:36pm
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Anon (ca),
In my opinion, you need not list this incident on your SF 86/eQIP, unless it involved alcohol or drugs. Even if your “surrender” for the jail sentence appears on a criminal record database, the original incident occurred over 7 years ago. Good luck. |
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Bill L. (Bowie, MD) on March 31, 2011 at 10:48am
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Concerned (nova),
You must list this information on your SF 86/eQIP in section 13C. The incident will be considered by the investigators and adjudicators. In my opinion, you have a fair chance of being granted a clearance. Good luck. |
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Bill L. (Bowie, MD) on March 31, 2011 at 10:43am
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DRPR (Florida),
There is a provision of clearance reciprocity in the Federal government, but some agencies have additional investigation requirements based on their mission. I do not think your incident will result in a clearance denial at your new agency. Good luck. |
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Bill L. (Bowie, MD) on March 31, 2011 at 10:36am
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JH,
You must list this on your SF 86/eQIP, but it should not result in a clearance revocation. Good luck. |
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Bill L. (Bowie, MD) on March 31, 2011 at 10:32am
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Richard (Afghanistan)
You must list these incidents on your SF 86/eQIP, but they alone will not result in a clearance denial/revocation. The second answer is “no” you can not bypass your security office to submit a SF 86/eQIP. The security office must certify that you need the clearance eligibility and access required for the submission of an investigation. Good luck. |
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Bill L. (Bowie, MD) on March 31, 2011 at 10:29am
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I currently have a TS/SCI clearance with DOD to include a Yankee White. I am in the process of obtaining an interim TS with another Agency at this time for employment eligibility. I had felony assault charge(wrongfully accused) which was ruled "No Bill" by the Grand Jury. I never was required to make an appearance in court neither was I arrested for this charge. This incident happened prior to me receiving my clearance with DOD. I was required to explain what happened and also provide court documents stating the Charge was ruled "No Bill". This incident happened in over 5 years ago.
The agency which is now conducting the BI also required me to provide a letter as well as any supporting documents. Can my interim for the new agency be denied because of this? Even though I have already gone through this process with DOD and was grantedand currently posses an active TS/SCI? |
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DRPR (Florida) on March 31, 2011 at 8:21am
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Hello-
I have 2 questions, I have a DUI and a felony conviction for residental burglary 27 and 24 years ago, would this be cause for denial to get a secret security clearance? Second question, is there any other way to be able to turn in an SF 86 if my current employer won't? |
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Richard L (Afghanistan) on March 30, 2011 at 2:39am
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I am currently up for my renewal of my security clearance. 4 years ago I received a second degree misdemeanor while hunting. The charge was having a shotgun which was not plugged properly, I followed the manufacturers instructions but when I went hunting I used a smaller guage shotgun shell. This allowed for more than three shells in the magazine. I paid the fine of $327, will this be an issue with my clearance renewal? Thank you very much for the help in advance. |
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JH on March 28, 2011 at 8:04pm
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Hello,
I am applying for my Secret Clearance and I have a question that is really worrying me.
About three years ago I was fired from my service job because I was selling stolen items on ebay. I had to write a statement admitting my guilt, and they fired me on the spot. They said that I would be contacted by their lawyers to collect the money that I owed them (a little over $200). There were no charges, no police involvement either. I got the letter in the mail with the fee, and I payed the law office, and that was it.
Will I be denied my clearance? Also, how should I word it on the application? I'm so sad that it happened, and I regret it very much.
Any advice would be great appreciated. Thank you |
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Concerned (nova) on March 27, 2011 at 10:55pm
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How can a Finacial Hardship Affect your secret clearance? I may lose my job, and am unsure how to proceed. My two properties are upside down, I'm thinking to get into a debt management program with a group of lawyers, they will negociate the debts and make a payment plan. I have to pay them a fee, but the debts will be reduced and the interest eliminated. Apparently this will put my depts into delinquence to do this process. Will this affect my clearance?
Any help will be appreciated. You can respond to my e-mail. |
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MAria Ramirez (DC) on March 24, 2011 at 1:50pm
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I need a secret clearance for work.
in 2002 I was charged with misdemeanor disturbing the peace (over 7 years ago). In 2004 rather than finish community service I elected to do a couple days in jail (less than 7 years ago). In this situation the charge/conviction will not need to be disclosed, but the arrest might.
My questions: 1) Does turning myself in to the county jail count as an arrest? 2) If so, must it be disclosed even though it is a punishment for a charge that is beyond the 7 year window? 3) If I must disclose this as an arrest should I then disclose the charge to give a complete picture, even though it is beyond the window? |
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anon (ca) on March 23, 2011 at 5:58am
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JD (Mississippi): I think your past issues have been fully mitigated by "passage of time without recurrence." |
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William Henderson on March 21, 2011 at 10:31am
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I was recently offered a Federal position which requires a secret clearance. I was arrested for a felony drug possession in 1996. I served 2 years probation, did my community service, and the conviction was reduced to a misdemeanor. I was arrested in 1999 for DWI, but it was thrown out by the DA. I enlisted in the military in 2000, and received an honorable discharge. I have not had any problems since. I have been employed with the Federal Government since 2008. Would my past be cause for denial of a secret clearance? |
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JD (Mississippi) on March 11, 2011 at 6:09pm
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Eric S (San Francisco):
As far as your Secret clearance and possible future TS clearance is concerned, there is no need to seek a pardon. As I said, at this point her past conduct is not an issue. For a Secret clearance a spousal NAC is not conducted. A Subject Interview is also not conducted for a Secret clearance, unless there is an issue or discrepancy that needed to be resolved. |
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William Henderson on March 11, 2011 at 3:33pm
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No it was for a secret clearance. I don't thinks they do an agency check for a secret clearance. But further on down the line if I stay in the Army as an Officer I may need a TS clearance for certain jobs or to attain the rank of major. She has been off of drugs since I have known her and has not done any criminal activities since she got caught 8 years ago. Do I need to seek a pardon for her or will an expunge suffice? The crime was in California if that makes a difference. It was also 3 years before I knew her; 5 years before we married. She had since turned her life around when I knew her. It is good to know that this will not hinder my career path. |
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Eric S (San Francisco) on March 10, 2011 at 8:39pm
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Eric S (San Francisco)
I assume you applied for a TS clearance and the interview was a PRSI. Normally there is a question during the PRSI about close friends and family members and their involvement (past or present) in criminal activity, illegal drugs, excessive alcohol use, etc. You can only answer the questions that are presented to you. If a reference mentions your wifes felony or if the felony surfaces through the spousal NAC, the investigator may have to reinterview you about it, but unless she has been involved in subsequent criminal activity, it should not become a security issue. |
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William Henderson on March 9, 2011 at 4:14pm
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My wife got a felony for possession and sales of marijuana 8 years ago. She has since had the felony expunged. I recently filled out the SF 86 and did the interview with the special investigation, there were no questions regarding pasts of spouses. Will this affect my clearance or is this a non issue?
I should add this occurred 3 years before I met her and 5 years before we got married, she was off of probation when I met her. I have no criminal record and I have never been into drugs.
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Eric S (San Francisco) on March 7, 2011 at 1:00pm
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I have a spouse with felony will this prevent me from getting a secret clearance? My wife was convicted of possession and sales of marijuana 3 years before I met her, she has since completed rehab and gotten the conviction expunged from her record. It has been 8 years since the conviction. I am under current investigation for a secret clearance. I was never asked about my spouses past on the SF86 or by the background investigator. So does this affect my chance? I have no record nor have I been involved in criminal acts. |
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Jeff (Barstow ) on March 4, 2011 at 10:30pm
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I am 23 and have just applied to the FAA as an air traffic controler. I have about 4 speeding tickets from freshman year of college, a driving on a suspended (unknowingly) and also a Domestic Batter charge which was dropped and "No information filed" in 2009. Since then, I have graduated, completed abourt 100 hours of community service on my own time, been working on my masters degree and have kept out of trouble, with any traffic or law concerns. My question to you is if the tickets, combined with a Battery Charge which was dropped with no information filed with prevent or hinder a Security clearnace as an Air Traffic Control with the FAA.
A response Via email as well would be greatfully requested. thank you |
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Dominque DanDan (Fairfax County, Virginia) on March 3, 2011 at 6:55pm
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I just finished my last interview with my investigator. I received an LOA for sexual misconduct recently and misunderstood that since it was not an LOR or worse it did not need to be reported. She came back to ask me again if I have ever received any letter of counsel etc... I admitted to it and told her everything. It is off to NSA for review/adjudication now. I have no other issues with my SF86. What are the chances I could get rejected? |
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Bob (CA) on February 26, 2011 at 11:16pm
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Paul (NC): A single misdemeanor offense ususally doesn’t result in a clearance denial if there are not aggravating or complicating factors |
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William Henderson on February 17, 2011 at 4:10pm
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Dale B (San Diego): No. It does not have be reported. It is not an issue. |
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William Henderson on February 17, 2011 at 4:08pm
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I am in the military, what are my chances of getting a security clearance if I have a misdemeanor on my criminal record? The case was dropped and later dismissed but the incident is still very resent. That is the only negative in my history. |
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Paul (NC) on February 12, 2011 at 7:06am
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I had a question as whether to report an incident on my SF86. I just applied for a secret clearance for the Army and I have yet to meet with my investigator. On the police report my recruiter had, I noticed there was a penal code that indicated spousal abuse, and in the box where it indicates measures taken it says "field interview." This stems from an event where I got in an argument with my wife where she accidentally kick me in the gut when she was throwing a fit. I was stupid and picked up the phone and dialed 911 with out hitting send and thought I had not called them yet.
Anyway you don't need to hit send for my phone to dial an emergency number and the police showed up because they heard me tell her you already kicked me in the stomach if you don't stop acting crazy I'm going to press send. The cops come and they take their accounts of the incident and no one gets arrested, detained, charged or rides in the back of a police car. The female officer tells me not to be a victim and sends me to go get something to eat at a restaurant. I am worried the investigators for the security clearance will look at my police report and take this as a charge against me because I'm the guy. So do I need to report this or is this a non issue because no action of any-kind was ever taken against me or my wife. No court appearances, arrests, police car rides or fines of any sort. It was just logged in their records. Is this a charge that I should report? |
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Dale B (San Diego) on February 8, 2011 at 4:04am
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Larry (Virginia):
Normally an SF85P is used for a Public Trust position, unless a security clearance is also required, in which case an SF86 would be used. Most agencies will not close a background investigation until after a pending criminal court case is closed and the investigator can review the disposition of the court case. I assume you don’t have any delinquent debts, and you have not had any other alcohol-related problems in your past. |
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William Henderson on February 1, 2011 at 7:10pm
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Jay K (DC):
A thousand dollars of credit card debt is not a security/suitability issue. A thousand dollars of delinquent debt could be an issue. Declining to grant an interim clearance based solely on a 4-year-old underage possession offense seems a bit extreme. If you are being processed for a DOD Secret clearance, my best guess is that no Special Interview (SPIN) will be required, but every agency has its own case expansion criteria. All investigations for TS clearances and almost all investigations for Public Trust positions include a Personal Subject Interview. The vast majority of people who are declined an interim security clearance utimately are granted a final security clearance, if they can stick it out until a final determination is made. |
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William Henderson on February 1, 2011 at 7:01pm
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C. Ellis (New York):
Actually there’s no question on the SF85 about type of military discharged received or about criminal arrests/convictions. What does your attorney recommend you do when the military record check portion of the National Agency Check is completed and reveals your BCD, court martial, and confinement. What does he recommend you list under employment and residence for the six months you were confined? |
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William Henderson on February 1, 2011 at 6:45pm
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Confused in VA (Arlington):
I can only try to answer part of your question. If your PR (the one that started in spring 2010) was for TS/SCI, DSS/DISCO will not adjudicate it. They send the investigation to the DOD Intelligence Community (IC) agency responsible for the SCI and the DOD IC agency will adjudicate. Not too long after the DOD IC agency makes a final adjudicative decision, the information will post to JPAS. Without a need for access to the program that required the FSP, I doubt the other agency will make an eligibility determination, but anything is possible in the crazy world of SCI. |
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William Henderson on February 1, 2011 at 6:30pm
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I am in the military undergoing a TS investigation and I am concerned that my illegal downloading could be grounds for refusal or worse. Beyond this issue I have a glowing record and a promising future... I admitted to all the activities I've been involved in since college leaving nothing out but I'm concerned because it didn't stop all that long ago (6 months). I have about 50 media obtained this way. My conscience since stepped in and I stopped it entirely and gotten rid of the downloaded media. What do you think will happen? |
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Hopeful (Virginia) on February 1, 2011 at 5:52pm
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Denied interim. My interim clearance has been denied and although my continued existence at my company has not changed (and will not) I am confused as to what to expect now. A denial of the interim is not a determinant on the full correct? I had one underage possession of alcohol four years ago and have a little under a thousand in credit card debt but other than that no issues or problems. Should I expect a personal interview? |
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Jay K (DC) on January 31, 2011 at 9:38am
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I was court martialed in Sep 09...found guilty of fraud...given 6 months confinement and a BCD. Case is still in appeals. I am working as a contractor and my new contract is asking for fingerprintes and SF 85. My lawyer says my case is in appeals and can be thrown out so do not put the court martial on the application. I do not have a DD 214 and I still have an active duty ID CAC. I am confused on how to answer the questions. I served the time already but according to the attorney until my case is final...I dont have a record. PLEASE HELP...I do not and can not afford to loose this job. |
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C. Ellis (New York) on January 28, 2011 at 10:05pm
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I was charged with a DWI in September, right after the agency I applied to made a contingent offer of employment. The offer was contingent on me passing a background investigation. The level of security is "Public Trust". I reported the incident on my SF86 as well as a reckless Driving charge I had a year earlier(2009). Other than that my record is pretty clean. My finances are not that great but I don't have any bankruptcies, foreclosures, liens or garnishments. In October(2010) an Agent interviewed me and I explained the matter as best as I could, but he spent allot of time on the DWI issue. Since then, I have not heard from the agent or the agency that made the initial offer. Are they trying to tell me something ? The entire process is going on 6 months now ? |
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Larry (Virginia) on January 27, 2011 at 12:41am
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I have held a TS/SCI for 20+ years. Recently I was being sponsored for an FSP in which I sat for the poly a couple of times but then left the sponsoring program to go to another program but with the same company. My FSP went into adjudication in Jan. 2010.
Then my new program under DoD started my TS five year update (PI) in the spring of 2010, because they indicated they couldn't wait for my Upgrade to come through and wasn’t certain it would since I left the sponsoring program.
As of Nov. 18th 2010 my FSP upgrade, still show "In process, pending adjudication". Mean while my 5 year update is also still pending. But I was told by someone that has access to JPAS that DSS completed their investigation in Nov. 2010 but did “not adjudicate” and it shows a “D” on the associated BI due date…whatever that means. I have now been waiting close to a year for my upgrade/FSP, while my PI has been in process for almost 7 months.
I guess my question is that no one can see to answer is will my FSP ever get processed since I left the sponsoring program or will it just sit there or will at some point I clear and it just go inactive since I don't need it right now. Also more concerned that my 5 year update on the DoD side is being held up due the upgrade process or vice versa. And how do I find out if DSS just closed their investigate pending the outcome of the FSP investigation. Also, How long can I maintain my Clearance while it sits in this jumbled up Investigation state? Is there any way to dislodge this process? |
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Confused in VA (Arlington) on January 26, 2011 at 10:04am
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LadyCC44 (arlington):
Failing to pay your debts is a potentially disqualifying condition for a security clearance; enrolling in a debt management plan is not. In fact receiving financial counseling is a mitigating factor under Guideline F (Financial Considerations) of the Adjudicative Guidelines. If you are 90 days or more delinquent on any of your debts, you should report it to your security manager, along with information about why you are delinquent and the things you have done to correct the problem. |
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William Henderson on January 24, 2011 at 7:36pm
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David Bell:
I strongly doubt that you will be denied a clearance because the offenses were minor, your age when they occurred, the amount of time that has passed since the last offense, and you positive record during the past 4 years. The denial rate for final clearances is only about 1% at most Central Adjudication Facilities. |
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William Henderson on January 24, 2011 at 7:27pm
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I just enrolled myself in a debt management program. I've had medical bills up to my eyeball and had to pay them off. In the process I got behind on my credit card bills. I just enrolled in a debt management plan. I should have that paid in a year. Would I lose my secret clearance if I'm in a debt management program. My reinvestigation is Aug 2013. |
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LadyCC44 (arlington) on January 23, 2011 at 6:55pm
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I am about to commission as an officer in the army and I am filling out my security clearance. When I was 16 I got arrested for fleeing from the cops and received a misdemeanor which later was later removed, when I was 18 I got an MIP that was dismissed, also when I was 18 I received a possession of marijuana which was removed, and an MIP & public intox when I was 19. The only thing that is on my record is the public intox, which I have already got a waiver for. When I disclose the rest of the information will this prevent me from receiving a clearance? I have great grades, and have performed in the top of my class in ROTC, and have not been in trouble in almost 4 years. |
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David Bell on January 23, 2011 at 2:49pm
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Ben (FL),
In my opinion, you should not be denied a clearance. Your incident was 5+ years ago. As long as you are honest in the investigative forms and with any investigator, you should be okay. Good luck. |
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Bill L. (Bowie, MD) on January 21, 2011 at 12:15pm
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Ben (FL): What you described will not automatically disqualify you for a clearance, but all the facts surrounding the incident will be evaluated and consideration will be given to how long ago it occurred. Obviously you lied about something and that something may be more serious than the offense of false official statement, which is usually judged under Guideline E: Personal Conduct rather than Guideline J: Criminal Conduct. |
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William Henderson on January 20, 2011 at 12:13am
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I'm in need of some advice. In 2005 I was convicted of making a false statement and received 3 years probation. I was on active duty with the Navy at the time and as a result of the conviction, received an OTH discharge. Had an exemplary record to that point and since then I have not had any issues with the law. Will this prevent me from obtaining a security clearance? While on AD I had a Secret clearance. I'm looking at applying for a job with a federal contractor or maybe with the federal government. I'd appreciate any advice.
Ben (FL) |
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Ben (FL) (Florida) on January 17, 2011 at 11:17pm
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Justin (North Va):
The investigation for a TS clearance includes a Personal Subject Interview (PRSI). During the PRSI you will be asked about the reason for and the circumstances surrounding your termination of employment. False statements to employers and inappropriate workplace behavior are both potentially disqualifying conduct under Guideline E (Personal Conduct) of the Adjudicative Guidelines. |
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William Henderson on January 10, 2011 at 1:27pm
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I have 6 years military, 4 active, 2 National Guard-honorable discharge. I am planning on going back into the Guard and will require a TS for my MOS. I have been a police officer for 8 years. I just got terminated from my police job in November 2010. I was written up for conduct unbecoming and providing a false statement.
There are alot of mitigating factors to my case. I am currently appealing my termination. Aside from being fired there are no other issues. Good credit, no drug use or criminal history. No other disciplinary issues. I have alot of references that will vouch for my conduct and integrity as well as my excellent history.
Will this termination dramatically affect my chances of getting a TS clearance? and what are my chances of getting one and also will i have the opportunity to explain the circumstances to the investigator?
Thanks for any advise you can provide. |
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Justin (North Va) on January 6, 2011 at 9:33am
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VGame kid (California):
Question #13A of the SF86 asks for “Explanation/Reason for leaving” each job during the past 7 to 10 years. Question #13c asks for information regarding any employment in the past 7 years that you left under unfavorable circumstances. So you will have to disclose this information at 13A and 13C. |
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William Henderson on January 2, 2011 at 6:39pm
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VGame Kid (CA),
The short answer is that you should list this employment info on your SF 86/eQIP in Item 13C which asks if in the past 7 years have you been fired from a job or left a job following allegations of misconduct. Also, the form asks specifically about illegal drug use in Item 23, including first and last time used. I do not think the misdemeanor charge will be a problem, depending on how much you used and last date used. Good luck. |
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Bill L. (Bowie, MD) on December 29, 2010 at 9:32am
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I know there are a lot of questions on here but i am new to this site and would love some feedback. I am joining the Navy in January. I am 25 and had a misdemeanor pot possession charge when i was 18. My biggest worry is that i left a job about a year or so ago for being convicted of theft. It was a confusing situation. They said i stole some products (from a pet store) which i did but they never called the cops or anything. What they did was have a dumb lawyer try and collect a few hundred dollars for the stuff which i never paid because i was broke at the time. I never got a call from that lawyer or the company about the money and thought since it was such a small amount they forgot it. i never got arrested and it is not on my record. I'm pretty sure if they call the company they can dig it up but it was not a conviction of any sort.
Do i write this on the clearance form or how do i go about this? I know they will find the pot thing and I am not going to hide it at all. I just do not know since I never got arrested or convicted for the theft thing if I should admit to that or what. I know I should admit everything on there but I thought that It was just arrest type stuff and drug use. I used to smoke pot all the time for years and when I decided to join the service stopped doing all that stuff because I had a goal now. The big thing here is the theft/not arrest thing. Would you put it on there or not?
Thanks for the help guys. |
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VGame kid (California) on December 26, 2010 at 5:46pm
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Nick:
Correction. It's a "Person Summary " screen, not a "Personal Summary" screen. |
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William Henderson on December 15, 2010 at 2:03am
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Nick:
If your security manager requested a Periodic Reinvestigation (PR) for a Secret clearance, your interview with the investigator was a Special Interview (SPIN). A normal for a Secret clearance does not include an interview of the subject of the investigation. That’s why your coworker was not interviewed. JPAS will not accept a request for a Secret PR unless the previous investigation is within a few months of its 10 year anniversary. So I don’t know what’s going on. I assume you were not represented by an attorney during your court appearance on the assault charge. It definitely looks FUBAR. At any rate, security clearance adjudicators are not particularly concerned with the outcome of a court appearance, because the criminal standard of evidence is much higher than the standard of evidence for a security clearance. Security clearance adjudicators are primarily concerned with what you did and the circumstances surrounding the incident.
Failure to self-report adverse information to your security manager can be mitigated by the circumstance, as well as by previous (negative) experience and lack of training.
Since you don’t know what’s going on, it’s premature to look for an attorney. I recommend you ask your security manager for a print out of your entire JPAS “Personal Summary” screen. The top portion of the screen will show if there is a pending “incident report.” The bottom portion of this screen should show “Investigation Summary” and “Adjudication Summary,” that list your past and present investigation dates and clearance eligibility/dates. Your security manager should be able to explain exactly what’s going on. If not, you can use the “Security Clearance Q&A Service” (see “Related Links” on the right side of this article near the top).
If you receive a “Statement of Reason—SOR” attached to a “Letter of Intent—LOI” to revoke your clearance, you will have enough time to contact an attorney or other expert to help you reply to the SOR. |
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William Henderson on December 15, 2010 at 1:58am
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Military Hopeful (NC):
The short answer is no. If you need a Secret clearance, you don’t even have to list it on the clearance application form because it occurred more than 7 years ago. For a Top Secret clearance you will have to list it because it occurred less than 10 years ago. At any rate, a single misdemeanor offense is not a potentially disqualifying condition for any level of security clearance. Suggest you read the other article on this website entitled, “Effect of Criminal Conduct on Security Clearances.”
Keep in mind that sometimes enlistment standards can be stricter than security clearance standards. |
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William Henderson on December 15, 2010 at 12:41am
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I am considering going into the military and I will need a security clearance. I had a misdemanor larceny charge back in 2002 when I was 16. I am now 24. Will this stop me from obtaining my security clearance? |
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Military Hopeful (NC) on December 13, 2010 at 3:10pm
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I have a question regarding my Secret Re-Investigation. About 5 years ago, I was charged with 2nd Degree Misdemeanor Assault. I was given a Probation Before Judgment sentence but with stipulation that if I screw up during probation, I would receive a 5 years sentence, which is very severe for a 2nd degree misdemeanor simple assault, which is a lowest charge on the book for assault. Because I didn't want to risk my chance of not getting a PBJ sentence if I appealed, I didn't appeal.
There was an error made and the judgment of Guilty as well as Guilty Plea was entered onto my record. I did get that cleared up as well as having a false charged merged/removed, depending on which lawyer or court clerk the question is asked. There is still an error about the date of PBJ because the prosecutor rejected my request for record expungment. I haven't heard back from the court to see if the judge will reject my request based on the prosecutor's recommendation that 3 years has not passed, even though it's been more than 4 years since the sentencing. I am working on that to clear that up.
I have submitted my EQUIP recently and was contacted by an investigator. This is surprisingly fast because my office mate submitted his EQUIP 5 months earlier than I and he hadn't heard from anyone. I did disclose the incident on EQUIP and gave a brief summary account of the event in the space given.
My concern that after talking to a few people, including some security clearance lawyers, I think it maybe required of me to reported to my work security officer. The problem is that I didn't and still don't know if this was/is a reportable event. I have voluntarily reported things in the past only to be told it's not really necessary because no-one contacted me or asked me to put anything in writing. I did informed my supervisor at the time about this incident and he didn't tell me to do anything further. I find out later on that he has selective memory lost and usually don't play attention to anything people say, partly due to his diabetic condition and partly because he didn't care. Right or wrong, I am still very concerned because if he doesn't recall me telling him this and didn't tell the right people about it, it may look like I didn't report it. I have had other supervisors since that time because of BRAC and several re-orgs and that supervisor has already retired.
My question to anyone who could help is: Will the investigator consider the disclosure on EQUIP an indication of honesty and will view the earlier administrative disorganization human error beyond my control? I have told many people at work about this incident and they know I feel very bad about it. I screwed up and was wrong, selfish, immature, stupid, naive, careless, and just plain childish. It has been 5 years and I have had a child, bought a house, do volunteer works, and no longer that stupid kid I was. I go to work and come straight home and try to do my best to do good work and take care of my family. I am very concern that I may loose my clearance and won't be able to get other government work because all work around here require a clearance.
How long does it takes from the time the investigator talk to me to when I find out whether my clearance is renewed. I checked JPAS and it seems that my clearance is still good until 2012 so I wonder if the previous manager did do the right report and that lead to a EQUIP being requested 2 years before my clearance is up.
Additionally, is there good lawyer who can help me in Virginia somewhere in Prince William County or Richmond areas.
Thank you for your help. |
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Nick on December 12, 2010 at 12:51pm
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Izadore (US),
As a contractor, your completed investigation should have gone to DISCO, unless it was for an SCI access determination. I suspect that the “no determination made” entry in JPAS resulted in the possibility that when the case went to the Navy adjudication facility (DoNCAF), you were not showing in JPAS as a Navy employee (military or civilian) and the case was closed. DoNCAF should have sent the case to DISCO, but many times, this does not happen. If this investigation was complete in scope, DISCO should be able to get it and adjudicate it upon request by your employing security office. If you are required to complete a new SF 86/eQIP, the questions regarding criminal conduct read “have you ever been arrested…” or “Have you ever been charged...” If you were neither, you can leave this incident out of the Police Record section. The questions regarding drug use ask have you used or been involved in the possession, purchase, etc of an illegal substance. If you have not used and were not involved in possession or transportation, you could be safe answering “no” to these questions. Good luck. |
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Bill L. (Bowie, MD) on December 7, 2010 at 12:11pm
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LadyCC44 (Arlington, VA),
In my opinion, this “ticket” should not result in a clearance revocation, even if you are convicted/pay a fine. If the fine for this ticket is less than $300, you do not even need to list it on your SF 86/eQIP. Good luck. |
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Bill L. (Bowie, MD) on December 7, 2010 at 11:57am
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Izadore (US):
There are people who would disagree with me, but I do not make a distinction between a detention and an arrest. With a few exceptions, I believe that anytime a person’s freedom is restricted, they are under arrest. If you were not free to leave at anytime from the moment you were taken in for questioning until you were released from questioning, then you were arrested. Using this definition, you should list this incident on an SF86, if you were taken in for questioning or held during questioning “by any police officer, sheriff, marshal, or any other type of law enforcement officer.” If this applies, I recommend you explain what happened in the appropriate comment section of the form. Later this month a new version of the SF86 will be released and the wording of the “Police Record” questions will change.
The SF85 does not have a “Police Record” question, so there was no need to disclose the incident on that form. Not disclosing the incident on an SF85 and the “no determination” from DONCAF should not affect your eligibility for a clearance. |
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William Henderson on December 6, 2010 at 6:37pm
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LadyCC44 (Arlington, Va):
It doesn’t matter whether the charge is dropped or not. What matters is what you did and why. At any rate a single misdemeanor offense (unrelated to alcohol, drugs, explosives, and firearms) in the past 7 years (absent any aggravating factors) is not a potentially disqualifying condition for a security clearance. You are required to report this matter to your security officer as soon as possible. |
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William Henderson on December 6, 2010 at 5:37pm
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Hello,
I feel I have a unique kind of situation that I am seeking some professional assistance with. I am a government contractor (or have been the last 6 yrs). While I was on my final tour in Afghanistan there was an incident that involved me, and co-worker, a company truck, and a road block. Long story short the vehicle was searched and the presence of drug paraphernalia were found or something to them effects. We were then detained (never arrested) taken for questioning and released back to work with no further action explained or rendered. I recently did a SF85 for a previous employer that went on for the majority of the year I was with them, and came back as a no determination. I did not disclose the detainment because I wasn't actually arrested and didn't feel it met the criteria of the question. I was not in use of any drugs or had I been in contact with any drug paraphernalia surrounding any situation, I was not charged with any crime as far as I am aware and feel that I would have been wrongfully incriminating myself by disclosing a wrongfully accused offense.
I am reading some of the post here and see that it may have been best to just disclose the nature of the situation, but there is a very thin line here. I am now attempting to take another job that requires a security clearance and feel that the previous investigation may have me shot down by the employer for the job. I have requested a explanation from the DONCAF the agency that conducted the back ground investigation; again I am not sure that this situation in particular is the reason for the No Determination, but there isn't anything else that I can think of that would cause this.
I was told that I need to just try again for the security clearance, but will it be adversely affected by the previous back ground investigation done on me? If I fill out the SF86 should I this time disclose the information that I withheld the first time? |
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Izadore (US) on December 2, 2010 at 10:14am
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In Sept, I was charged with "Altered License Plates." I have a secret clearance with comes up for reinvestigation next Aug. This charge is a misdemeanor 1 in VA. I am getting an attorney for my court date to see if the judge will dismiss my case being that I have never had any prior record. I wasn't arrested - just issued a "ticket" as the cop said. If the charge is dropped, is there a chance that i can keep my clearance. |
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LadyCC44 (Arlington, Va) on December 2, 2010 at 9:07am
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Can’t say. Not all felonies are equal. In Florida if a 17 year old engages in a little heavy petting with a 15 year old, it’s a 3rd degree felony. |
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William Henderson on November 23, 2010 at 7:22pm
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Position Description (Colorado Springs):
If you have a TS clearance and it is revoked because of your DUI, it is doubtful that you will qualify for any federal position that requires a favorable HSPD-12 Credentialing, suitability, fitness, or security clearance determination. However I doubt that your TS clearance will be revoked due to a single DUI, provided there is no other indication of an alcohol problem. You should report the DUI to your security officer immediately and see your Employee Assistance Program office. BTW the ENTNAC, NACI, NAC, and BI are investigations not clearances and the ENTNAC no longer exists. |
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William H. Henderson on November 23, 2010 at 7:16pm
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I have a question, and I hope that it's not going to be as bad as I have imagined but here goes. I work for a US Government and currently have a public trust moderate risk clearance. It's coming up for renewal at the beginning of 2012. I just got arrest for a Felony, it's a sex offence, and I'm getting an attorney and trying to minimize damage to my record and be able to work. What is this going to mean to me when my background clearance comes up for renewal and I now have to list that I got a felony. I appreciate the time anyone gives to answering this question. |
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Concerned in DC (Northern Virginia) on November 22, 2010 at 1:33pm
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I currently work for DoD and my position description requires a Entnac/NACI/NAC/BI clearance. I have no prior DUI or even a speeding ticket in the past 10 years. I just received a DUI. Will my current TS security clearance be pulled and if so will I still qualify for the required security clearances? |
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Position Description (Colorado Springs) on November 22, 2010 at 10:52am
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Concerned (CO),
First of all, do not fail to list the offenses on your SF 86/eQIP. They will show on the police checks and falsifying your forms is worst than the actual incident. I do not think your charges will result in a denial of a TS clearance. Based on the age of the incident and your compliance with all court-ordered requirements, I think you should be okay. Good luck. |
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Bill L. (Annapolis, MD) on November 18, 2010 at 9:41am
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Hi Bill,
I am a US citizen applying for a rover position at the American Embassy here in the Netherlands. I had a DWI 3-4 years ago, and under Article 894 and payment of fine, the case was dimissed. I had my interview and stated that I thought the arrest was off the record so I stated no in my application. This is the only thing they asked me about in the interview as I was honest about it and gave them my attorney's cell phone as well about it. Will this affect my approval? Could I get an approval with a warning? I am 26 year old female American, engaged to a Dutch man, and a graduate student. |
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CA (Netherlands) on November 17, 2010 at 12:48pm
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I am a different posted from "Concern, Co" Shown below. Sorry about the confusion.
Also, I should mention that other than minor traffic violations over 7 years ago, I have had no other legal issues, and have great credit. |
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Concerned (CO) on November 15, 2010 at 11:01pm
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I can't find anything on the site that directly addresses domestic violence charges, so I hope that you can answer my question.
18 months ago, I slapped my wife in response to a slap from her, and was arrested for domestic violence and domestic violence in the presence of a minor.
The DV charge was amended to assault, and the second charge was dismissed immediately. I had a plea in abeyance, and was fully compliant in the conditions, and the charge was recently dismissed entirely.
I am a guardsman, and immediately reported the incident to my commanding officer and JAG. I had no issues with my current secret clearance, and even went on a deployment in the middle of my plea in abeyance period.
I am considering changing to an MOS that requires a top secret clearance. If I fully disclose the incident on my SF86, what are the chances of being denied a TS clearance?
Thanks |
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Concerned (CO) on November 15, 2010 at 10:59pm
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Ashley (VA):
Close and continuing contact with anyone involved in criminal activity is a potentially disqualifying condition. Generally contact or communication with a person who is no long involved in criminal conduct is not a disqualifying condition. A cohabitant with a significant history of criminal conduct will be evaluated based the nature of the criminal activity, the likelihood recurrence, and the possibility that you could be influenced to do something unlawful or detrimental to the security of the U.S. |
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William Henderson on November 15, 2010 at 2:31pm
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I'm going to be applying for a top secret clearance here soon so i can transfer commands and get a position I want. Well my problem is that my boyfriend that lives with me has been in trouble in the past before we ever got together. But I'm afraid that his past is going to make in ineligble for my clearance although I have never been in trouble in my life! And i need some clarification on this some how or somewhere. Thanks for any help you can give me! |
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Ashley (VA) on November 12, 2010 at 2:08pm
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WorkerGirl (VA),
The issue of whether you lose your job or not depends on the human resources policies of your employer. The issue of whether or not you are granted an interim clearance resides at DISCO. In my opinion, your scenario should not cause a denial of the interim. I feel strongly that it will not result in a denial of a final clearance. Good luck. |
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Bill L. (Annapolis, MD) on November 9, 2010 at 12:55pm
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Concern (CO),
Since I always stress honesty, I recommend that you report the incident to your Facility Security Officer. If not now, immediately after your court appearance. Although the charge may be reduced or dismissed, the incident probably falls under the criteria that requires you to list it on your next SF 86/eQIP. If this is your only issue, I doubt it will adversely affect your clearance eligibility. Good luck. |
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Bill L. (Annapolis, MD) on November 9, 2010 at 12:52pm
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How hard will it be for me to regain a lapsed security clearance when derogatory events have occurred after the clearance lapsed? Here is my situation: When in the Army and Army Reserve (till 2002), I held a variety of clearances, the highest and latest being a TS/SBI with an SSBI. After I retired from the reserves in 2002, I wasn't working, so of course the clearance lapsed. I also returned to school starting in 2004, and because of the additional schooling as well as the sluggish economy, I only started working full-time again in January 2010. Now, what happened to complicate things, is that back in 2007 I was arrested on a stalking charge (Class 4 misdemeanor in Virginia), which was dropped before trial (nol prosequi). I fully complied with the requirements of the court (adhering to a protective order, and monthly counseling) and I've gone on with my life.
However, like many people, I had financial problems recently and filed a chapter 7 bankruptcy earlier this year. My debts have been discharged and the Trustee recently abandoned his interest in all of my assets, including a rental house (used to be my primary residence) that presently has a loan modification/workout pending. So, I have legal and financial derog to overcome before being re-granted a security clearance. I'd really like to be able to use my military and private sector experience through employment a government contractor. I *was* clearable 10 years ago, and but for the financial stuff and the dropped criminal charge, would clearly be so now.
Would I again be granted a clearance given my *issues*? Also, does it make any sense to have the stalking charge expunged? I haven't done that before this because my funds were so tight. Would the charge being expunged make any difference to a clearance adjudicator? Or, has too little time elapsed between this derogatory information occurring, and any hypothetical review of my case? Thanks in advance for your help! |
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JustOneMoreQuestion (Norfolk, VA) on November 8, 2010 at 9:08pm
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I had a run in with the law about three weeks ago, while I am in the process of being hired by a government contractor. I do have a active secret clearance. It was at a bar waiting for a sober driver, somebody said that they saw a person going to the bathroom in the parking lot. My friend was that person, I had no part in it. When the police got there they said that they saw my zipper down on my jeans, which I think is incorrect, I worked with police at my old job and stated what could be done and couldn't. My cell phone was also on the charger in my vehicle. I got denied by the police to get my cell phone to call a cab, friend, or even the driver that was going to pick us up. After being detained for 45 mins, they gave me 7 more mins i was told to sit on the car, which inturns I thought they said curb since being there for 45 mins and not wanting to listen. I got arrested for Failure to obey a lawful order, and another charge. Will this affect my current clearance, and job. I have not released any info to the company since my court date is coming up soon, and i have a great lawyer. What do you think? |
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Concern (Co) on November 6, 2010 at 4:09pm
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I have been working for the department of VA for less than 3 months and last month I received a criminal mischief ticket. How will this affect my job now and in the future? |
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LJ (Lincoln) on November 3, 2010 at 1:00pm
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Ok I need help. I work for a small federal contractor and I am transferring jobs so I will need a secret clearance. I had one 3 years ago but of course it became inactive. I filled out my sf-86 and listed a charge (petty theft 60.00)that was dismissed due to it being my first offense in 2008. I listed it and I was honest. Will I be granted an interim clearance? Will I lose my job if I get denied? It was my first offense ever and was totally out of my character! |
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WorkerGirl (VA) on November 1, 2010 at 8:02am
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I have just recently applied for a Purchasing job with the Navy. This job does require some form of security clearance. 10 years ago I was arrested for bringing an alien across the border, I was never convicted or went to court. Will this keep me from getting this job? |
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CuriousWA (Washington) on October 29, 2010 at 4:11pm
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Last year (2009), I went to a college party with my wife. There was food and drinks. I ended up getting pretty drunk and eating some cake or something and then I got to feeling really strange and puked. I am sure I was drugged somehow, it had to be both cannabis and cocaine, I don’t know really since I was drunk. This caused me a lot of mental issues for fear that I was going to be fired and all that. I freaked out and the police came and took me to a psych hold, I was there for 2 hours then released. During that time they pee tested me and said I had cannabis and cocaine in my system. I haven’t told anyone at work about this. I currently have a secret clearance and today I did my yearly security recert. I was wondering about this so I read the guidelines and it says I need to report this drug incident to my security officer. At the same time I am also up for my periodic reinvestigation. I have to do it in the next month or so.
Now that I am aware of what happened, and what I have to do, should I tell my FSO about this now? Or list it on the SF-86? Also since I hold a clearance now, by disclosing this, is this going to mean they suspend my clearance? Prior to this incident I have never tried drugs willingly, and I have good finances. I have held my clearance for almost 10 years without any issues. |
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Rodney H (Bakersfield) on October 26, 2010 at 8:26pm
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Friendless (Raleigh, NC):
Your problem is become more and more common. If you're a contractor employee completing the SF86 for a Secret clearance, it's not that important. If no one knows you well; list people who know you, even if they don't know you well. If it's for a TS clearance, it is more important, but do the same thing. For a TS you'll have an interview with an investigator and the 2 of you should be able to come up with some suitable potential references. |
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William Henderson on October 26, 2010 at 7:26pm
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Great site, thanks for the information. I was going to ask about a 27 year old vacated (PC 1203.4) felony conviction (I was 19) but I see I from reading about people in similar situations I just have to disclose it and I should have nothing to worry about.
However, outside of family, I have absolutely no friends. None. I am a quiet person who has worked about 60 hours/week for 12 years. I do IT work out of my house and have very little interaction with people outside my family or work. Interaction with my colleagues is almost always remote and confinded to solving work-related problems. I chit chat with the neighbors when I mow the lawn. When not working, I either spend time with family or take classes to keep current with changes in my field. How can I complete the "People who know you well section" of an SF86? |
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Friendless (Raleigh, NC) on October 24, 2010 at 10:34am
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john peters:
I hope you reported the DUI arrest to your security officer in April. If not, do it immediately. The fact that the charges were dropped isn’t that significant. This is because sometimes criminal charges are dropped because of technicalities and because the standard of evidence for criminal prosecution is significantly higher than the standard of evidence for security clearances. Security clearance adjudicators are primarily interested in what you did, what happened, and if you acted irresponsibly, has it happened before and is it likely to happen again.
If you promptly reported the arrest and this is your first arrest for DUI, you should be okay. The only statistics available for security clearance processing are averages and your case is not average. There is an article on this website, “Security Clearances: How Long Do They Take” with data on average processing times. There is also an article on "Alcohol Consumption and Security Clearances." |
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William Henderson on October 23, 2010 at 12:23pm
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William,
I was arrested in April for a DUI but all charges were dropped. I have a secret right now but I'm awaiting my TS/SCI. Will I get denied for a top secret. That's the only arrest I have ever had and the case was dropped...what should I expect and how long will it take for the process?? Thanks |
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john peters on October 21, 2010 at 1:15pm
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Kevin:
If you filled out the SF86 for a Single Scope Background Investigation (SSBI) you need to include all offenses that occurred during the past 10 years. SSBI are done primarily for people who need a Top Secret clearance.
For a Confidential or Secret clearance you generally only have to list an offense (that was not a felony or not related to alcohol, drugs, firearms or explosives) that occurred within the past 7 years. Most federal employment also requires the submission of an OF306 that requires that you list all offenses that occurred within the past 10 years. Questions 22a and 22b on the SF86 are based on the date of the summons, citation, or arrest. |
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William Henderson on October 21, 2010 at 1:09pm
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Kay (NY):
Can NSA disqualify you—yes. Is it likely that NSA will disqualify you—no. For Criminal Conduct (Guideline J) and Sexual Behavior (Guideline D) the main concern is future behavior and susceptibility to blackmail. Something that happened so long ago while you were an adolescent without any recurrence should not be “material” to security clearance adjudication. Guidelines D and J of the Adjudicative Guidelines include the following mitigation conditions:
14(a) the [sexual] behavior occurred prior to or during adolescence and there is no evidence of subsequent conduct of a similar nature;
14(b) the sexual behavior happened so long ago, so infrequently, or under such unusual circumstances, that it is unlikely to recur and does not cast doubt on the individual's current reliability, trustworthiness, or good judgment;
14(c) the behavior no longer serves as a basis for coercion, exploitation, or duress;
32(a) so much time has elapsed since the criminal behavior happened, or it happened under such unusual circumstances that it is unlikely to recur or does not cast doubt on the individual's reliability, trustworthiness, or good judgment;
32(d) there is evidence of successful rehabilitation; including but not limited to the passage of time without recurrence of criminal activity, remorse or restitution, job training or higher education, good employment record, or constructive community involvement. |
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William Henderson on October 21, 2010 at 12:23pm
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I just had to resubmit for my clearance based on DISCO request today based on a incident that I reported earlier this year. I answered everything truthfully but I forgot to advise on the status of action how much time I received for incident should I be concerned.
I just wanted to give them all info and answered truthfully. Also I tried to list all of my creditors. Will they hold you to any one that was not listed I tried to answer the one I know for sure but I know they pull all three and what if there are some on one report that are not listed on other |
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Char (VA) on October 20, 2010 at 10:09pm
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Kay (NY),
The short answer is yes, the NSA (or any agency) can look at a person’s background and deny employment and/or clearance. However, in my opinion, something 10-12 years ago with no subsequent conduct should not be held against an individual for employment or a clearance. In today’s world, computer science and IT skills are in great demand and should weigh in the hiring decisions. Good luck. |
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Bill L. (Annapolis, MD) on October 19, 2010 at 12:20pm
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Kevin,
The short answer is that investigators conduct local agency checks (police, court, etc) using your personal identification data (name, ssn, date/place of birth) and the agencies provide what they are allowed by local law. It is very possible that your arrest will be disclosed to the investigator, but based on the instructions for eQIP, you can legally NOT list it. Even if the investigator questions you, your answer and the instructions mitigate any falsification issue. Good luck. |
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Bill L. (Annapolis, MD) on October 19, 2010 at 12:15pm
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Eric (San Diego),
Obviously, you are correct to list this incident on the eQIP and to be concerned. However, I do not think this alone will adversely affect the clearance determination. The age of the incident coupled with the lack of subsequent criminal conduct should mitigate this issue. Good luck. |
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Bill L. (Annapolis, MD) on October 19, 2010 at 12:08pm
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scared in VA (NOVA):
You don't have anything to be concerned about. Just use the comment section of the "Police Record" question on the form and explain what happened. |
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William Henderson on October 13, 2010 at 9:57pm
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I'm currently getting my degree in computer science and am interested in working for the NSA.
The problem is when I was a juvenile, I got convicted of, I believe, sexual assault on a minor (I molested my brother...my father had been abusing me and I freaked out). I was sent to a therapeutic group home and was there for two years. Everything was completed before I turned 18. I did not have to register as a sex offender. Since then, I have no record (other than traffic tickets).
Can the NSA look at that and will it disqualify me from getting a job or an internship?
I forgot to mention that I am almost 30 now, so this was more than 10 years ago. And it will still be almost two years before I even apply. |
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Kay (NY) on October 13, 2010 at 5:27pm
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Very Scared in NOVA,
Don’t be scared. A felony arrest 20 years ago which ended up being dismissed will not result in a clearance denial. Unfortunately, you must list this arrest and explanation on the SF 86/eQIP as the question reads “Have you EVER been charged with any felony offense?”. Your listed financial info seems very minor. In my opinion, baring any other issues, you will be okay. Good luck |
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Bill L. (Annapolis, MD) on October 12, 2010 at 12:22pm
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Hi,
I was arrested for a fake id misdemeanor just over 7 years ago (during college), and the charge has since been dismissed. The thing is it was just over 7 years ago (like 7 years and a few months).
Legally speaking, wouldn't this mean I would not have to list it as a charge on the SF-86 because it occurred over 7 years ago?
When contacting the local police, does the investigator specify for charges within the 7 year period, or any charges at all?
Thanks
Kevin |
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Kevin on October 11, 2010 at 7:11pm
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I am in a bad situation. I was charged with 12025(a) Concealed Firearm in vehicles, and also 12303.2 PC - possession of explosive device back in 1990 (I was 20yrs old).
Those charges were all dismissed, as I pleaded for a lower HS 12305 HS possession of destructive device. This was also even expunged also 4 years later...so I really only have a misdemeanor or not even that on my record as of today.
Now fast forward 20yrs, I got a BS Degree in CIS, Bought a House, Got married, Have 2 kids, and am President/Own a business.....and a business that requires Secret clearance of it's officers, as we may get a Government Contract.
I am filling out the JPASS Form, and see the questions of firearms/explosives, and will list them...but what do you think my chances are of getting cleared? I have put a full explanation of my mistake, and that was the only mistake on my record-the rest are infraction traffic tickets. Please let me know your thoughts |
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Eric Sanchez (San Diego, California) on October 11, 2010 at 6:33pm
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Hello-
I tried posting this elsewhere and just realized that this is the correct spot -- please excuse the long repeat.
I getting ready to start an excepted federal job. There is no clearance that I know of, but I have to fill out an SF 86 for it. I am concerned that I may not meet my suitability requirement. If you could look at my situation and let me know what you think. I would never think I would be at risk, but the form and some of the stories I have read really concern me.
So my story... when I was 16 -- almost 20 years ago, I was sexually assaulted in a public place by a much older, larger assailant. However, the security that arrived on the scene did not understand that I was a victim thinking it consensual, they had both the assailant and me arrested by the local police. Ultimately the charges against me were dropped, but it was still a felony charge. I have gone on to have a happy life with nothing further law related except a couple of speeding tickets.
Also, I just ran my credit report thinking I should know what it looks like. There was a 4 year old incorrect late payment that is being removed. Then there are two items I have been in dispute with for a couple of years over a early cell phone contract (less than $225). I have taken care of that, but it is recently resolved.
Sorry for the terrible amount of detail. Do you think these are enough to keep me from a suitability? Anything I can do to help improve my cause? Again, I never thought that something 20 years ago could be that big a deal... especially since I was not convicted.
Thanks. Very scared in NOVA |
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scared in VA (NOVA) on October 9, 2010 at 10:39pm
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yves (boulder):
There is a much greater possibility of being disqualified for a Public Trust (PT) position due to intentional falsification/omission on an SF85P than there is for being fired for intentional misconduct of the type you described. Being fired from WalMart can be fully mitigated, if you can give a plausible explanation of what happened that shows you did not try to defraud your employer and that you attempted to correct your timecard error using an acceptable or commonly used method. It would be helpful if you could provide the name and contact information of another employee familiar with the situation who can corroborate your explanation. PT determinations are based on an investigation using a Standard Form 85P (Questionnaire for Public Trust Positions), not on a resume. |
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William Henderson on October 7, 2010 at 5:44pm
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I just got fire from walmart for a time clock issue, the issue is:
If one forgot to clock in at shift start, he can enter the start time at either lunch time or clock out. So some times when I forgot to clock in, I use to do it (enter the start time when I take lunch or when I leave) or clock in and do what we call the time adjustment, and you cannot be paid for that unless the assistant manager approves it.
One of the manager called me in the office and fired me saying that I enter the time I did not actually work and he said I did it within a long period which came to being payed 80$ more than what I should be paid, so he said he was going to terminate my employment with a motive that would not make me eligible for rehire (I don't care anyway, it is the last place I would like to work).
Now I'm offered a computer Job (I just got a bachelors in computer science) with a government contractor that required a "Person in Public Trust" clearance, questions:
1. is my walmart incident going to affect my clearance?
2. what happens if I hide it and take off walmart from my resume, are they going to find it out? what happens if they find out? |
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yves (boulder) on October 5, 2010 at 11:29pm
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Owen (US),
I can not speak for ICE as your arrest was an ICE-related issue. However, I do not see that a clearance by another federal agency should be denied. The offense was long enough ago and the court seems to have placed minimal punishment. Good luck. |
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Bill L. (Annapolis, MD) on October 5, 2010 at 12:38pm
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Adjfire (PA),
I see no reason that your clearance should be denied. Good luck. |
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Bill L. (Annapolis, MD) on October 5, 2010 at 12:33pm
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Brian S (PA),
If your firearms were purchased and are owned legally, it should have no impact on your fiancée’s clearance. |
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Bill L. (Annapolis, MD) on October 5, 2010 at 12:30pm
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5 or 6 years ago I had a felony I believe it was because I went to Mexico and I met 2 young girls, so like 3 days after we tried to go to wal-mart in US and I never asked them about passport so the US custom stopped me, I had to pay 1600dlls no court citations nothing just finger prints. Now I have 3 years in the ARMY as a infantryman one deployment to afghanistan and I have a psi secret, my question is if all my past before enjoined in the military is going to affected my future if I tried to get a job in ICE or any federal job. |
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owen (us) on October 3, 2010 at 7:42pm
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Sir,
When I was 23 I was charged with Grand Theft (Felony) in Florida. I plead no contest and received Adjudication Witheld, Paid a $500 Fine and received no jail time or probation. Since then (1993) I have never been in trouble. Prior to that I have never been in trouble. I went through a divorce in 2003 and that destroyed my credit (score 385). Since then I have improved it by paying the bad debt. My score is now a 609. I have no repos and no lost houses. I have one renter bad debt on my report because an apartment complex refused to acknowledge the military clause in my contract and placed it on my report anyway. I have a copy of the contract for the investigator and a copy of my orders along with acknowledgment that I gave them sufficient notice.
My job now requires a secret clearance. My work history in the military is exemplary and I have no law violations prior to or after that felony. My credit mishaps are also directly right around the time of divorce and are being corrected. I listed the charge and every single credit problem on my E-Qip. Just based on what you see will I be denied? I am at 19 years in the Army an would hate to be kicked out or lose my position. I have no bad evaluations.
Sincerely,
ADJFIRE |
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adjfire (PA) on October 2, 2010 at 9:13am
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My fiancee is looking to apply for a position that requires a Top Secret clearance. I legally own some NFA firearms and she's concerned that, alone, might cause her to be denied. |
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Brian S (PA) on October 1, 2010 at 9:08am
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Jerry (Atlanta, GA):
Unless you've got good some really good mitigating conditions and whole person factors going for you, your chance of getting a security clearance is not good. At any rate your clearance processing will take much longer than average. |
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William Henderson on September 28, 2010 at 6:44pm
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Tammy (VA):
No one keeps stats on how long it takes to resolve (including adjudication) an "incident report." Incident reports are submitted by security officers whenever someone reports or self-reports potentially disqualifying information for a security clearance. The incident report is entered in JPAS. Depending on the nature of the incident, the adjudicative facility can do (or not do) any combination of the following before making a decision: suspend the clearance, initiate an investigation, request additional information from the cleared individual or security officer. With an unresolved incident report in JPAS it is not a good time to switch employers--too many things can go wrong. |
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William Henderson on September 28, 2010 at 6:40pm
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Josh (South Carolina):
I think you have a good chance of receiving favorable employment suitability and security clearance determinations. None of your offenses are very serious and after 6 years they pretty much lose most of their relevance for both suitability and security purposes. |
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William Henderson on September 28, 2010 at 6:26pm
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Josh (SC),
You can lighten up on the worry scale. In my opinion, you should not be denied employment or a security clearance. However, I want to emphasize – do not falsify your employment or security documents. Read the question fully and if in doubt, ask. For the OF 306, the questions are more general. For the SF 86/eQIP, the instructions specifically state to list arrests even if they were expunged and to list ANY incidents related to drugs or alcohol. Good luck. |
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Bill L. (Annapolis, MD) on September 28, 2010 at 12:26pm
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Tammy (VA),
Adjudication of an Incident Report can take many months. The priority for DoD adjudication facilities is to adjudicate new investigations from the investigative agencies and individuals awaiting deployment to the Middle East. If your old FSO submitted an Incident Report in JPAS, any potential employer can see that it was submitted, although they can not see the details. If your access has not been suspended, you can be hired and begin employment immediately. If your access was suspended and the possession requires access, you could be in for a long wait. Your current FSO should be able to tell you which is the case. Good luck. |
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Bill L. (Annapolis, MD) on September 28, 2010 at 12:14pm
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Jerry (Atlanta),
In my opinion, it is very shaky for you to be granted a final clearance. I can guarantee that you will not get an interim. If your company really wants you and proceeds with the investigation submission, the investigation will certainly include a personal interview. You will be asked for your version of the incident and any drug involvement. The recency of the arrest alone works against you. But if your version does not match the police/court records, forget it.
Good luck. |
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Bill L. (Annapolis, MD) on September 28, 2010 at 12:08pm
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Ro,
Generally, a spouse’s criminal conduct does not affect a clearance eligibility determination, unless your spouse was involved in the criminal conduct. Part of the investigation for a TS clearance is an FBI check on the you. Your wife may be asked about her knowledge about the crime, but this is all. Intel Community agencies may dig a little deeper for polygraph purposes, but in the end, she should not be revoked because of your conduct. Good luck. |
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Bill L. (Annapolis, MD) on September 28, 2010 at 11:59am
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I am 46 years old and have only one incident on my record to report. Along with working for a defense contractor for 12 years for 8 of those years I also worked as an adjunct professor for the local community college I pled "No Contest" to two felony counts which stemmed from a contract dispute as an adjunct professor. The classes were held in the evenings for employees who wanted training and often did not show up. I taught scores of classes to hundreds of employees over an eight year period.
In 2008 a survey was done of all the past classes and a hand full of employees said that they had not taken the courses in question. They had attended a class or two early on and then quit coming, and I left them on the roles hoping they would attend more classes. The company felt that I had committed an ethics violation. My attorney was confident she would have been able to show that I was owed all that I had received, as the employees had not provided the required notice to be dropped.
However, she could not guarantee that and if I lost I would be facing jail time. So on advice of counsel I took the plea arrangement, which was to plead to 2 felony counts of receiving funds through false pretenses and 7 misdemeanor counts of the same charge. In Feb. 2010 I was sentenced to 12 months probation. I am a lean six sigma black belt and almost all of the jobs I am applying for require the ability to obtain a security clearance. What are my chances? |
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Dave in Virginia (Charlottesville) on September 28, 2010 at 10:33am
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I am applying for a federal job that requires Secret Clearance, and I am wondering how my criminal record will affect my chances. I am now 29 years old.
When I was 15, I was convicted of a DUI. I was driving without a license under the influence of alcohol. The record was expunged from my record after I completed a juvenile rehab program.
I was arrested and convicted in 2001 (9.5 years ago, I was 20) for two charges: petty larceny and possession of a fake ID. I was in college, I stole a mirror off the wall at a bar, and I was caught. The police found a fake ID in my wallet. It was a stupid stunt, and I was young and stupid at the time.
I was also arrested and convicted in 2004 (6.5 years ago, I was 23) for a DUI. I completed the rehab program and got my license back.
Since then, I've been clean as a whistle (except for one minor driving citation), had responsible employment history, and completed two bachelor's degrees.
My question pertains not only to the Security Clearance investigation, but also the OF 306 (Declaration for Federal Employment) I have to fill out before I get a firm job offer. It asks about my criminal history going back 10 years.
What do you think my chances are of receiving the firm job offer, and then obtaining a Secret Clearance?
Thanks a lot! This is a huge weight on my mind! |
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Josh (South Carolina) on September 24, 2010 at 6:28pm
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How long does it take for adjudication process to be finalized? I reported an incident back in July and no word yet. Would the fso let me know or would I receive a letter?
My contractor lost its contract so I switch with a new one with them knowing about the incident due to my manager informed them but someone else is calling me about a job that I really want and I am scared to go to the interview because I am fearing it will show on the jpas please help do u think I should still go ....Arrested for a felony but it was reduced to misdemeanor due to lady was caught lying to DA. |
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Tammy (VA) on September 23, 2010 at 2:23pm
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Hello,
I have a charge of possession of less than an oz of marijuana back in March 2010 on my record and a Disorderly Conduct charge from April 2008 on my record. The DC charge was dismissed and the possession charge has been dead-docketed. Do you think I will be able to get a Secret Security clearance to work as a contractor in Afghanistan? |
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Jerry (Atlanta, GA) on September 23, 2010 at 12:59pm
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I pleaded guilt for compensating government employee 2 years ago. The charge was reduced to Misdemeanor and sentenced 4 month suspended imprisonment. I don’t have any other criminal record in my life. I don’t even have a traffic ticket. My wife works for federal government has top secret clearance. Does my criminal record affect my wife security clearance? |
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Ro on September 22, 2010 at 7:54pm
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dave (Middle East):
You should list the offense on your SF86 because you were “charged” with an alcohol-related offense. If the offense occurred within the past 7 years you will also have to answer “yes” to questions 22b and 24a. Reckless Driving is usually a misdemeanor offense. The clearance adjudicator should be provided a copy of the police report and the court record regarding your offense. An interview of you regarding the matter may be required. |
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William Henderson on September 19, 2010 at 1:18pm
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Thanks for the feedback Sir. I appreciate your time. |
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Concerned (DC) on September 17, 2010 at 6:39am
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Concerned (DC),
Your history is not that bad. A 9-year old offence and 3 bad checks are mitigated by time. The credit score is not a problem as adjudicators are trained to look beyond the credit score (if they even get one) to the credit history (current status of debts, history of repossessions, liens, etc). If your debt payments are current at the time the credit report is run, I think you will be okay. In my opinion, I see nothing that would result in a denial of TS/SCI. |
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Bill L. (Annapolis, MD) on September 16, 2010 at 9:54am
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Jeff (LA),
You are correct, the SF 85P does not specifically ask for offenses that were expunged. |
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Bill L. (Annapolis, MD) on September 16, 2010 at 9:46am
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Denny (MD),
In my opinion, the offense is old enough that it will not stop you from getting a Secret clearance. Good luck. |
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Bill L. (Annapolis, MD) on September 16, 2010 at 9:41am
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CTR (FL),
I don’t recall anyone being denied a clearance for traffic tickets. The possessions of alcohol are old and there was no conviction on the dating violence. It seems that you have taken reasonably efforts to resolve your financial situation. I believe the investigation will take a little longer due to the financial history, but in my opinion, you should not have much trouble getting a Secret clearance. Good luck. |
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Bill L. (Annapolis, MD) on September 16, 2010 at 9:39am
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Dear William,
Thank you for your generosity in bringing clearance related matters out of the shadows. I currently posses a secret security clearance granted when I joined the Army(2000-2004) that i have now been using for work as a overseas contractor for the past 6 years. My clearance is scheduled for renewal soon.
In 2003 I was charged with a DWI although my lawyer had gotten the charges dropped to Reckless driving due to technicalities (breathalyzer machine was not calibrated that month). However the police report leaves no question that alcohol was involved due to my bad conduct. This is my only adverse action. I do not know if the Army security officer recorded the incident at the time or not.
Can I please have your opinion as to whether I can answer NO to Equip question 22E below since I only received a reckless driving charge.
Have you EVER been charged with any offense related to alcohol or drugs?
And do you know if the Clearance Review boards look at police reports or just the charge? Thank you very much for your time and help. |
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dave (Middle East) on September 15, 2010 at 4:09pm
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I'm new to the site and I'd like to pick your brain.
After working for ICE for the past four years, I was recently hired into a position that requires a TS/SCI clearance. I do not currently have a security clearance.
There are a "few" factors in my past that I had to explain again on my SF86, but everything was disclosed in 2006 when I was first hired. In 2001, while working as a manager in a shoe retailer, I was accused of stealing merchandise. The initial charge was Felony Embezzlement. Throughout the investigative process, I maintained my innocence, but my lawyer instructed me to enter an "Alford Plea" to avoid the possibility of jail time. I didn't want to plea because I knew I was innocent, but at the same time, I didn't want to go to jail. I accepted the plea and the charge was reduced to a Class 3 misdemeanor. I was given a suspended sentence of 1 year. Although I was never able to prove my suspeicions, I believe the store's general manager was the culprit behind the thefts.
Approximately 6 months after I was convicted for this theft, he was convicted of embezzling $50,000 from the employer he joined after leaving the retail store.
A year prior to this issue, I bounced 3 checks ($9.10, $40, $29). Restitution was made for each of these checks. It wasn't a case of deliberate fraud. I just failed to balance my checkbook regularly.
I haven't had as much as a parking ticket since the 2001 conviction. The next problem is that I've been supporting my family on one income because my wife lost her job in January. My credit score has taken a huge hit and I'm concerned that it may be used as a disqualifier for me. None of our accounts are in collection. I'm just juggling monies back and forth to try and stay afloat until she can get another job.
I know that this is a lot of information and if you don't have time to answer my questions, I understand.
My question is, with my misdemeanor (2001), 3 bad checks, (2000) and my current low credit score (528), what are my chances of receiving my TS/SCI? |
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Concerned (DC) on September 15, 2010 at 3:30pm
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Daniel (NE),
I personally doubt that the Air National Guard will grant you a waiver for enlistment. A security clearance determination is based on a person’s complete history. The hard issue here is your history of criminal conduct and what have you been doing for the past 2 years. Baring any other issues, you might get a Secret clearance after all the investigation efforts have been completed. Good luck. |
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Bill L. (Annapolis, MD) on September 14, 2010 at 12:03pm
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DanielScott (Omaha, NE):
Possibly. What did you do and what type of discharge did you receive? Additional details would be helpful, but I won't be able to give you a definitive answer--just an educated guess. |
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William Henderson on September 12, 2010 at 4:42pm
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SF-86 specifies that one needs to include expunged arrests/convictions. However, SF-85P does not (it merely says "In the last 7 years, have you been arrested for, charged with, or convicted of any offense(s)? (Leave out traffic fines of less than $150.)"
Does this mean expunged records do not have to be disclosed on SF-85P? |
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Jeff Tolson (Los Angeles, CA) on September 12, 2010 at 1:54pm
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Recently I was offered a LPN position with DOD (Army), I was convicted of resisting arrrest back in 2005. I was wondering will that prevent me from obtaining a clearence? |
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denny (MD) on September 12, 2010 at 12:17am
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Sadly I also forgot another charge
Writing a Bad check - 2009 Adjudication was withheld, paid fine and cleared up check and fine the next day. |
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CTR (Florida) on September 10, 2010 at 7:24pm
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Ive been very interested in a Army 18X SF contract which requires me to to have a secret security clearance. I can get the contract and have already passed the physical, but im concerned with SSCL.
I have the following criminal record.
Driving with License Suspended - 5 Times Charged, with Two of the Times it being reduced to No Valid Drivers License Violation and one time being dropped completely. All other charges have been adjudication withheld. Charges in 2002,2003,2004,2006,2009. License has been clean and clear sense.
Possession of Alcohol by a Minor - Twice Back in 2003 both were adjudication withheld
Battery / Dating Violence - 2009 Charge was dropped with No Information Filed by SAO
Poor credit history But payment history has been perfect and for last 9 months and major steps have been made with secure credit card and auto loan to rebuild credit. All charge offs and student loans have payment plans now and are on schedule.
Please advise on any information on the possibility of sscl, as this will be a life changing decision with a 5 year contract. |
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CTR (Florida) on September 10, 2010 at 7:21pm
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Hello,I was summary court-martialed about two years ago, and was subsiquently kicked out of the military. When I left I had an active TS clearance. Now two years later, I am considering joining an Air National Guard unit. Assuming that they'd take me, would my past summary court-martial prevent me from obtaining a security clearance? -Daniel |
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DanielScott (Omaha, NE) on September 10, 2010 at 1:03am
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Charisse (TX):
Absent any aggravating factors or subsequent alcohol abuse, a single drunk driving offense from 1991 should not result in a security clearance denial. |
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William Henderson on September 9, 2010 at 9:19pm
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Big D (Buffalo):
Oops. I left out the word, "not" between "is" and "recorded in your security clearance record." |
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William Henderson on September 9, 2010 at 9:14pm
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Big D (Buffalo):
There is no requirement to do a periodic reinvestigation (PR) when a person goes from the reserves to active duty. If the incident was never reported through security channels, the fact that it occurred probably is recorded in your security clearance record. PRs are normally done at 10 intervals for Secret clearances. You should have reported the matter to your security officer (not your 1st sergeant) when it occurred. However, reporting to any superior is better than not reporting it at all. I hope your 1st sergeant documented it or at least remembers it. |
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William Henderson on September 9, 2010 at 9:12pm
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Bill L.,
Will a single instance of solicitation of prostitution, with no le involvement, say 8 months old by adjudication, prevent employment from either a suitability or clearance standpoint with the NSA? |
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Brody (United States) on September 9, 2010 at 7:45pm
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I had to turn myself in back in 2007 for fraud charges that the
state insurance filed saying I had a prior injury when I was on
comp, I told the state investigator I didn't have a prior injury.
I saw my doctor a couple of years prior that while running my
knee got tight a little, he said due to my weight it happens.
my lawyer had it dropped to a disorderly conduct, 30 hr's community service and $175.00 court fee. I had a secret clearance at the time while I was in the reserves, I told 1st
sgt about it, said don't worry about. I went back on active
duty August 2008, as a Information Technology specialist.
Now, You have to have a secret clearance for this position
I told the recruiter about the incident, shouldn't they have
updated my clearance when I went back on active duty, and
they should have known about that incident, because I maintained my clearance when I discharged in June of this
year. |
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Big D (Buffalo) on September 4, 2010 at 9:57am
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Anonymous351026:
I assume you are applying for federal employment with the FAA (vice a contractor position). If you are required to complete an SF85 (Questionnaire for Non-Sensitive Positions) and undergo an NACI investigation, it sounds like a basic federal employment suitability determination.
If there are no additional job-specific suitability criteria for your position, your short sale probably won't have a significant negative affect on the suitability determination, if you have a good reason for the short sale. Good reasons generally involve situations that are largely beyond your control (i.e. loss of income, forced to relocate, major medical expenses, etc.).
I'm not as knowledgeable of employment suitability determinations as I am of security clearances, but I have a fair understand of how it works. |
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William Henderson on September 3, 2010 at 4:29pm
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I was arrested in 1991 for OUIL (Drunk Driving) misdemeanors will this prevent me from getting a security clearance? |
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Charisse (TX) on September 3, 2010 at 2:36pm
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Undergoing FAA NAIC background check with inquiries.
26 years of solid credit history. In 2009 had to sell property short despite valiant attempts (including hiring attorney as well as reducing cost of house by $300k).
How will this short sale affect my pre-employment background check with FAA?
Feel free to email if necessary.
thanks |
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Anonymous351026 (Herndon Virginia) on August 31, 2010 at 4:31pm
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2010 (HI),
I do not think a 1993 incident will cause you to be denied a clearance. However, the first step is to find a job with a federal contractor and one that requires a clearance. The employer will probably hire you contingent upon you obtaining a clearance. Good luck. |
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Bill L. (Annapolis, MD) on August 31, 2010 at 2:27pm
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Neil Smith,
There is no way to give a good estimate on how long the process takes. I have a person who is as clean as the driven snow whose investigation was completed before yours was submitted and I am still waiting for the adjudication process. There is little that can be done to speed things up unless you are designated for deployment to the war zone. Then your company can contact the adjudication facility to request the case be expedited. Good luck. |
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Bill L. (Annapolis, MD) on August 31, 2010 at 12:48pm
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I'm new here, I have some tech certifications and would like to work in government but I don't have any kind of clearances, how do I pursue properly with a police record 1993 charged was felony for domestics, jailed overnight, counseling 6 months, no issues or arrests since. Any help would be appreciated. |
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2010 (Hawaii) on August 28, 2010 at 8:50am
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So then you think I should get it then...How long does it take for a secret clearance because I've been there since July 12. Do you think I should get it by now..thanks for your help |
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neil smith on August 26, 2010 at 12:09am
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Neil Smith,
In my opinion, if this is your only issue, it should not result in a final clearance denial. The time frame you stated is not very long for cases such as yours, so don’t worry about that. As long as you have the interim clearance, you can continue to work. Your security officer can monitor the progress of your investigation in JPAS and will be notified of the decision. Good luck. |
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Bill L. (Annapolis, MD) on August 24, 2010 at 8:38am
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I have a interim secret right now and waiting for a Secret clearance...but I got arrested about 5 months ago for DUI they dropped the charges and was only just charged for reckless driving...I had to talk to a investigator about it and I've been here at my job for a month and a half now and still waiting ...will I got approved?? |
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neil smith on August 23, 2010 at 2:41pm
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Hating the Unknown (PA):
It will be taken into consideration along with all other information in your clearance application form and the results of the clearance investigation. Ten years is a long time and at this point your marijuana offense should be fully mitigated by "passage of time without recurrence," even though the offense occurred while you had a security clearance. I think you have a good chance of getting a final secret clearance and a fair chance of getting an interim secret clearance. |
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William Henderson on August 21, 2010 at 5:42pm
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Diego (CA):
If you have a security clearance, you would know for certain. Otherwise you probably don’t have a security clearance. When a person receives a security clearance they have to sign a non-disclosure agreement and receive a security briefing on their responsibilities to safeguard classified information.
I don’t believe you were denied a security clearance by ICE, because they would have had to inform you of your right to rebut and appeal the denial.
I believe you were probably found unsuitable based on employment suitability criteria. An unfavorable employment suitability determination per se is not a basis for denying a security clearance; however the reason for the adverse suitability determination can be a potentially disqualifying condition for a security clearance.
If you had a security clearance at the time of your DUI, you had a responsibility to notify your security officer about it and there would have been some action by the clearance granting authority regarding your clearance. Interim clearances are issued on a temporary basis until the clearance investigation is completed and a final clearance is granted or denied (usually within a few months). |
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William Henderson on August 21, 2010 at 5:36pm
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USMC Poolee (NC)
When you completed the SF 86/eQIP for clearance purposes, the questions regarding criminal conduct should be answered "yes" regardless of the expungement action. Being honest in completing the form is the first step. If you have no further issues between now and your DEP out date, in my opinion, you should have little problem being granted a TS/SCI eligibility needed for MI school and duties. Good luck. |
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Bill L. (Annapolis, MD) on August 20, 2010 at 12:37pm
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I was in the military with a secret clearance and got a general dishcarge under honorable conditions. I got an article 15, for possession of Marijuana and then dishcarged. I didn't fail a drug test. I have had a clean record since with the exception of a few speeding tickets. Ten years later I'm trying to get a job with a government contractor. Would this give me problems with getting a secret? An interim secret? Thank you so much for your time! |
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Hating the Unknown (PA) on August 19, 2010 at 9:19am
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I am joining the Marine Corps early next year. I would love to be in Intel which requires a Top Secret clearance.
I was arrested when I was 16 for a B&E charge, the charge was later dropped and the courts said it would be expunged on my 18th birthday. I am now 20 YoA and have had 2 Underage Drinking tickets since.
Will this be enough to deny me a clearance? If so, is there anything at all that I can do between now and my ship date to make my record reflect my new look on life?
Please help, I've worried about this to the point where I have to have some kind of answer. |
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USMC Poolee (NC) on August 17, 2010 at 9:07pm
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Rock and a Hard Place (DC),
Yes, you are. If your FSO submitted the incident via JPAS, it could (repeat could) cause a problem with switching over to a new company. If the new FSO is on the ball, the impact should be minimal. Good luck. |
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Bill L. (Annapolis, MD) on August 17, 2010 at 12:58pm
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Nervous (AL),
I agree with STARR. One incident 6+ years ago should not result in a clearance denial. Good luck. |
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Bill L. (Annapolis, MD) on August 17, 2010 at 12:53pm
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Cookie (VA),
In my opinion, you should not worry. The traffic ticket will not be reportable on your next SF 86/eQIP, so I do not think it will hurt if you report it to your FSO. Even the 2 incidents together should not result in a clearance revocation, as long as you keep the FSO advised of the status of your court appeartances and you comply with any court-directed requirements. Good luck. |
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Bill L. (Annapolis, MD) on August 17, 2010 at 12:47pm
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I apologize first hand if this is the wrong page to ask this but I couldn't find any other way to post this.
I believe I have a interim clearance, it's not TS, I believe it's a Confidential Information clearance. I worked for a agency that contracts with the gov't. About 2 years ago, I was arrested and charged with a DUI. I plead guilty and was sentenced to 5 years probation, fined, and ordered to 3 month first time DUI offender class. I took care of everything the Court asked me to. I was not working at the time the DUI happened. I have not had any other trouble otherwise, before or after the DUI. I have excellent credit and nothing else adverse in my background.
About 5 months after the arrest, I received notice from ICE that my clearance was denied due to the recent DUI arrest. I had been in the process of applying for an ICE clearance, and I informed the investigator in a new updated SF86. I was not aware of the appeals process, other than the investigator asked me to write a statement as to the details of the arrest.
Now, with my current employer, they're asking everyone to submit updated SF86, although it has not been 5 years since my clearance was granted. Since I contract with different companies, before starting work with any of them I let them know of my DUI arrest and they take a few days to check things out and say that my clearance is good, just not to advertise my DUI to everyone.
Will my ICE clearance being denied, prevent me from keeping my current clearance? It has been about 20 months since my arrest, will that be enough time to show it was just a one time incident? Should I refuse to update my SF86 form with this specific company and forgo working with them, since other companies are not asking for it and wait until the 5 year period to update my info? Any advice will be welcomed. |
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Diego (CA) on August 16, 2010 at 10:48pm
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To Nervous : I am not a security expert like Mr. Henderson who is very knowledgeable but I have 2 friends in similar situations. One just got a DUI 6 months ago and got off with an warning and the other person had his revoked because he had multiple charges that stemmed from the DUI and was charge with all being under the influence of an controlled substance. Your chances are good. Just be HONEST! |
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STARR (Norfolk) on August 14, 2010 at 10:29am
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I was taken into custody and charged with a Minor Possession/Consumption of alcohol in 2004 (19 years old, in college) and I am now 25 and in the process of a security clearance. I plead guilty to receive youthful offendor, paid the fines, did the court referral program and went to one alcohol awareness class and the records were ordered sealed. I have been granted interim secret and now waiting on full clearance. This is for a secret clearance. Obviously, I reported the offense on the sf86/eqip.
The offense was over 6 years ago. 7 years in Feb. Can anyone give me any insight if my full clearance will go through? This is for a gov. contractor.
Also, would the situation and outcome be different if it was for a government agency?
Please help. I am worried sick. Anyone with a similar experience or experience in general? |
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Nervous AL (Huntsville, AL) on August 12, 2010 at 3:00pm
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I have an reportable incident which is a misdemeanor charge for simple assault. My current contract company lost its contract and so I am being picked with a new one for the same job. Should I tell my current FSO or the new FSO with the new company. Will a red flag prevent me from switching over? |
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Rock and a Hard Place (DC) on August 11, 2010 at 9:15pm
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Hello, I am in the process of advising my FSO about my misdemeanor charge for assault. I just pulled my court records and notice that I have a ticket for speeding I paid which is less than 300.00 should I advise them of the ticket and since these 2 occur one month of each other will this affect my current clearance. |
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COOKIE (VIRGINIA) on August 11, 2010 at 6:54pm
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Chris (Montgomery, Al):
Most (if not all) federal agencies require cleared personnel to immediately report any arrest, especially an arrest for DUI. Your security manager will tell you at what stages of the court proceedings you will need to report updated information. In most cases a first-time DUI offense results in a letter from the clearance granting authority issuing warning the individual that any subsequent alcohol-related incident could result in clearance revocation. |
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William Henderson on August 9, 2010 at 3:32pm
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Worried (Houston Texas):
It depends on what you did, not necessarily on the outcome at court. A charge like “Interference with a Public Servant” can cover a multitude of sins. For federal employment suitability adjudications, issues are initially categorized into 4 seriousness levels (A-D) then adjusted based on recency and position risk level and number of issues within a certain timeframe.
An issue can be raised one seriousness level for someone in a High-Risk Public Trust position. The 2 higher categories of issues are actionable, although adverse action in the case of a single “C” issue is only possible, not probable.
If you had a national security clearance (rather than a HRPT position) would be very unlikely that your clearance would be revoked for a single misdemeanor offense unless there were serious aggravating circumstances.
As I have said before, the outcome at court (i.e.dismissed, not guilty, guilty, nol pros) is much less important than what you actually did. |
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William Henderson on August 9, 2010 at 3:31pm
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up for renewal in 3 years (NoVA):
Most federal agencies specify that cleared individuals have a responsibility to self-report potentially disqualifying information to their security officer. If your drunk driving offense fell into the crack between the date of your PRSI and the date your clearance was granted, your responsibility to self-report is less clear, but the intent of the rules suggest that you should have contacted the investigator who was working on your case or your security officer and notified him/her when it happened.
Of course there is no way you would have known that at the time without asking or being told. Generally a person isn’t told about this responsibility until they are granted a clearance and indoctrinated. A first-time DUI rarely results in a clearance denial or revocation, unless there is evidence of other recent alcohol abuse or some other aggravating factors.
It makes no difference whether you have your court records sealed or expunged, you still have to report the DUI and it will be evaluated in the context of all other pluses and minuses in your life. |
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William Henderson on August 9, 2010 at 3:30pm
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I'm a government employee coming up on 1 year this month. 2 weeks ago I got arrested and the charge is DUI. This is my first offense. I have a TS clearance. Just received it a 9 months ago. When should I notify my security manager, now or after my court trial when I have all the facts and docunments or do I have an option and wait until the rewal of my clearance and put the facts on the sf86.Will I lose my TS and job? What's the length of the clearance, 5, 7 of 10 years. |
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Chris (Montgomery, Al) on August 5, 2010 at 9:06am
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I recently got arrested 2 weeks ago and I very positive that the case will be dismissed. The charge is "Interference with a Public Servant" Misedemanor Class C. I currently have a High Risk Public Trust Cleareance/Certification. I'm not really sure which one it is. I would like to know if I could lose my clearance or will this prevent me from getting one in the future. I have no record. Could you tell me if I was to be found guilty or if the charges would get dismissed, what is the possibly for both? Thanks! |
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Worried (Houston Texas) on August 3, 2010 at 7:40pm
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I am going to be up for renewal in about 3 years and I need to know something before this is going to happen so I can take steps to clear it before the renewal.
Well after submitting the paperwork for my Top Secret clearance but before it was granted I was pulled over for speeding and was found to be driving drunk. I went to court and was put on probation before judgment with the stipulation that I complete a driver awareness course and don't get caught for anything else for 18 months. I completed that all within the time given and the case was closed with the status of Nolle Prosequi.
I was granted a TS clearance about 2 years ago and was wondering if this will affect my renewal? If so is there anything i can do to get it written off the record so that it doesn't show up when i do come up for my renewal? Thanks in advance. |
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up for renewal in 3 years (NoVA) on August 3, 2010 at 12:45pm
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Hoping to be An Army Chaplain (Augusta, GA):
All military officers must be eligible for at least a Secret clearance. That means you must have a minimum of a favorably adjudicated NACLC investigation to be an officer, which is exactly the same requirement for a Secret clearance. The standards for specialties in the Army are higher than the standards for a security clearance. For a security clearance adjudicators are more concerned with an applicant’s conduct than they are with the outcome of a criminal proceeding. So, it’s what you did that matters; not the fact that you were convicted, acquitted, or your conviction was overturned on appeal. |
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William Henderson on July 30, 2010 at 6:58pm
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Kali (Iraq):
Most traffic violations (i.e. speeding, improper turning, failure to stop, etc.) are infractions. If the fine for a traffic infraction is less than $300, it does not have to be listed on the SF86. Failure To Appear—FTA (in court or otherwise pay a fine) is a misdemeanor; it is not a traffic offense; and it is a separate offense from the traffic infraction. Your FTA(s) must be listed on the SF86 regardless of the fine imposed. In the comment section of the SF86 you should explain the reason for the FTA(s). I don’t understand your second question. |
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William Henderson on July 30, 2010 at 6:16pm
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TS Difficulty? ((Laurel, MD)):
Yes, your use of marijuana is a potentially disqualifying condition. Mitigating this condition will be very difficult because your last use was only 4 months ago, but not impossible.
See the article on Drug Involvement and Security Clearances at http://www.clearancejobs.com/cleared-news/79/drug-involvement-and-security-clearances. I posted a comment dated March 3, 2010 under that article that is particularly instructive regarding the appropriate period of abstinence from drug use.
Bear in mind that your TS/SCI clearance will not be adjudicated by DISCO/DOHA. It will be adjudicated by the intelligence agency. |
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William Henderson on July 30, 2010 at 6:03pm
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forgot_1 (Charleston, SC):
Of course it can be a problem. If a preliminary decision is made to deny your final Secret clearance you will receive a “Statement of Reasons—SOR” and given the opportunity to rebut the SOR and ask for a hearing. For more information on the process see the article at http://www.clearancejobs.com/cleared-news/62/rebutting-and-appealing-security-clearance-denials
I don’t see why your employer would fire you unless your job offer was contingent on getting an interim and final Secret clearance and your interim Secret clearance is withdrawn by DISCO. Even then it’s up the the discretion of your employer. |
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William Henderson on July 30, 2010 at 4:41pm
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Hi Bill or William,
I'm applying for a job that requires I get a TS: SCI w/ polygraph clearance.
- In the beginning of 2006 while at college I was charged with possession of marijuana, but the case was dropped Nolle Prosequi.
- I have also used marijuana since then, albeit infrequently, probably about 4 or 5 times total since 2006. The last time was about 4 months ago.
I intend to be as honest as possible on the SF86, but would these circumstances prevent me from getting cleared? Should I even bother? |
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TS Difficulty? ((Laurel, MD)) on July 29, 2010 at 1:36pm
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Hi Mr Henderson,
I am looking into joining the Army reserves as a Chaplain candidate, but I will be required to be able to receive a favorable National Agency Security Clearance. My concern is that I was convicted in 2000 of a three count misdemeanor charge (from the same incident) of simple battery, attempted threats and attempted possession of a prohibited weapon in Washington D.C superior court. The charges were of a domestic violence nature. I was honorably discharged from the Army in 2003 and my convictions were subsequently overturned on appeal in 2009. Unfortunately in January 2010 I was arrested and charged with Family violence battery (misdemeanor) and false imprisonment (felony). Both charges were initially dead docketed then dismissed. These are the only charges that I have ever had. Will this criminal history cause me to fail the clearance process for becoming a chaplain/officer in the Army Reserves? |
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Hoping to be An Army Chaplin (Augusta, GA) on July 29, 2010 at 7:32am
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I have been arrested for a couple of tickets that want into warrant status. i believe the tickets were under 300, but the warrant made it the ticket larger I believe. Section 22 on the SP86 is a bit confusing. Secondly, my identity was stolen when I was 18/19 im now 26. Ive always had a fraud alert on my credit making it difficult for me to get a credi report. I myself had not had anything on my credit. What should I do??? Im in need of an Interim Clearance. |
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Kali (Iraq) on July 28, 2010 at 8:03am
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I currently have an interim secret clearance with a defense contractor. I was interviewed about my criminal history. At the start of the interview, I was told the topics to be covered were the one arrest I had disclosed (public intoxication, just over 10 years ago) and another that I had not (disturbing the peace w/ drugs/alcohol, also just over 10 years ago). I have no recollection of this second offense and stated as such to the interviewer. The interviewer was unable to provide any further details. Is this likely to be a problem? If so, will I be able to appeal it? Will I be relieved of my job during the appeal process? |
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forgot_1 (Charleston, SC) on July 25, 2010 at 10:34pm
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JN (Maui),
This will affect the process but, in my opinion, you should not be denied a final clearance. The investigators will obtain police and court records and probably conduct a personal interview with you. This will add additional time to the investigative portion of the process. If you have completed all court-ordered requirements and this is your only issue, I think you will be okay. Good luck. |
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Bill L. (Annapolis, MD) on July 20, 2010 at 8:07am
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Karen (VA),
Your current security manager should be able to tell you what type of background investigation was conducted, the date it closed, the level of clearance eligibility granted and the date granted. |
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Bill L. (Annapolis, MD) on July 20, 2010 at 8:00am
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I was arrested for not showing up to court for an unauthorized computer access charge a year ago that i had no idea about. I plead no contest and the judge granted me a deferral and the arrest will get expunged next year. I have no other prior arrests or any convictions. Just wanted to know if this will affect me getting my secret clearance which is already in progress? Thank you very much for your time. |
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JN (Maui) on July 17, 2010 at 10:34pm
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How do you find out what is on your JPAS who update these? |
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KAREN (VIRGINIA) on July 15, 2010 at 7:14pm
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CONCERNED/VERY WORRIED ((VA)):
I think you have me confused with Bill L., who replied to your initial question. Bill L. is better qualified to answer your question than I am, but here's my two cents worth. After you report the matter to your FSO, your FSO will submit an "incident report." Based on the incident report the government may or may not suspend your clearance until the court case is over. The government can choose to open a limited investigation or rely on the court documents to make a decision to revoke or continue your security clearance with or without conditions. What the government chooses to do will depend on their assessment of the nature of the charge against you. |
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William Henderson on June 29, 2010 at 7:15pm
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Thank you very much Mr. Henderson for answering my question. I just have one more. Will advising my FSO affect my current clearance that I have now? I need my job to pay the attorney lol :) |
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CONCERNED/VERY WORRIED ((VA)) on June 25, 2010 at 9:10am
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Concerned/Very Worried VA),
If you have not done so, you should report this incident to your Security Officer and provide him/her with all documentation of the arrest and court appearances. The Security Officer will probably postpone any submission of an investigation for TS until your court process is completed. If you submit an eQIP for TS, you must list this arrest regardless of the court outcome, including if the charge is expunged. Good luck. |
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Bill L. (Annapolis, MD) on June 24, 2010 at 8:51am
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Samantha (VA),
Clearance eligibility entries in JPAS do not go away, unless you have a 2-year break in Federal service (military, DOD civilian, Federal contractor, etc); however, JPAS will show that your access is not active, but in a Public Trust Position. Any future need for Secret access would require your employer to submit a new investigation and, less any adjudicative issues, you could be granted interim access pending completion of the investigation. Good luck. |
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Bill L. (Annapolis, MD) on June 24, 2010 at 8:44am
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Hello, I was recently charged with a felony and currently going through the court process to either get the charge reduced to a misdemeanor or dropped due to I was charged for something I did not do. I currently have a clearance but my agency is switching contracting companies that may require me to obtain a TS ( I have a secret). My job does not require it but others that work for this company have a TS. Should I tell them I may not qualify for the interim and will this affect my current job? If you have a pending charge how does this reflect on your current clearance |
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CONCERNED/VERY WORRIED (VA) on June 23, 2010 at 6:34pm
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I looked on this website and i could not find the answer to my question. I was just offered a job with a great company but the job does not need my Active Secret Clearance. They only require a Public Trust and they said they will not maintain my Secret Clearance. I am up for re-investigation this year.
I am planning on taking the job because I need to be working but I am wondering what will happen with my Secret clearance? Will it go away, will it be demoted on the record to Public Trust or will it remain active until it expires (I'm at my 10 year mark)?
I just found out that this site is relating to security violations, however, I really need help and answers before I accept the job offer.
Any feedback will be great. Thank you! |
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Samantha (VA) on June 23, 2010 at 4:32pm
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Anonymous331225 (Laurel Maryland):
Non-critical Sensitive is usually a Secret clearance; although there are some IT positions that are non-critical sensitive and do not require a security clearance. An any rate the investigation is a NACLC for contractor and an ANACI for federal employment applicants. The NACLC does not include a PRSI, but a SPIN can be conducted if the security issue is serious enough to require further investigation. |
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William Henderson on June 20, 2010 at 4:34pm
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When I was 19 I was caught for underage drinking and my command gave me a 6105, with no reduction in rank. I looked in my JPAS and saw that there are no incident reports on there. This was the first and only punitive action taken on me during my enlistment. I've always had an exceptional service record. My question is, when I put in for my SSBI-PR, will I have my clearance revoked for this? |
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Anonymous on June 17, 2010 at 8:09pm
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It is a noncritical sensitive type clearance by the way! |
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Anonymous331225 (Laurel Maryland) on June 16, 2010 at 2:23pm
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Snake Hunter:
A felony conviction will not automatically disqualify you for a collateral security clearance and most public trust positions. Your conduct after the conviction will be more predictive of your current and future suitability/reliability than something that occurred 16 years ago. Even though the Police Record question on the SF85P is limited to 7 years; all personnel security investigations include a National Agency Check—NAC. The NAC portion of the investigation will include a review of your military records. Provided you have not been involved in any subsequent misconduct or irresponsible behavior, I think you have a reasonably good chance of getting a collateral security clearance or any public trust position that does not have a job-specific criterion regarding felony convictions. |
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William Henderson on June 16, 2010 at 6:20am
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Snake Hunter,
You can legally answer the question “no”. However, the charge will probably show up on the FBI check. If asked about it by an investigator, be honest. In my opinion, something from 16 years ago that has not been repeated should not stop you from being selected for a Public Trust position. Good luck. |
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Bill L. (Annapolis, MD) on June 15, 2010 at 10:32am
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Anonymous (laurel, md):
Your chance of getting a clearance is very good. What happens next depends on the level of security clearance involved. Some clearances involve a Personal Subjecct Interview (PRSI) which is a comprehensive interview regarding your personal history. Some clearances do not include a PRSI, but may include a Special Interview (SPIN) when it is necessary to obtain additional information about specific unfavorable information, such as a criminal arrest. Depending on the agency and the type of clearance the process can range from 2 to 6 months for a final clearance. |
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William Henderson on June 13, 2010 at 5:08pm
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I am filing out a SF85P for a Public Trust position. I was convicted of a felony and spent over a year in the brig. That was in 1994 when i was convicted. Should i apply for the low risk public trust position as a contractor or should i just go home and move into another line of work? The question ask was i ever convicted or arrested for any offense in the last 7 years. Thank you for your response. |
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Snake Hunter (Private) on June 12, 2010 at 11:21am
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Thank you so much bill and William on your insight. What do you think my chances are with this only thing on my record?
So after I complete the sf86/security papers, what is the next step of the process? How long before I know if I will receive clearance? |
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anonymous (laurel,md) on June 10, 2010 at 8:11pm
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Dave (NY):
Yes for SSBIs, school disciplinary records are reviewed at schools attended within the past 3 years and in most instances at the school of the most recent claimed degree, diploma, or attendance, regardless of how long ago. |
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William Henderson on June 10, 2010 at 5:12pm
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Haunted Past:
The second incident should not be an issue because it occurred so long ago and does not have to be listed on the clearance application form (SF86). The incident involving the firearm must be listed on the SF86. This is also very old and a relatively minor offense. It should not result in the denial of a final clearance, but it could result in the declination of an interim clearance. |
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William Henderson on June 10, 2010 at 5:11pm
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Anonymous (Laurel Maryland):
There is no drug test for a security clearance. The company or agency you are applying to may have a pre-employment drug screening but it is for employment suitability purposes, not for a security clearance.
If you went to court, you were charged with a criminal offense. A single misdemeanor offense (without any aggravating circumstances) is not a potentially disqualifying condition for a security clearance. Petty larceny is a misdemeanor. |
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William Henderson on June 8, 2010 at 4:16pm
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Anonymous (Laurel, MD),
Last question first – I believe the standard process is for a urine sample. Next, although the charge was dismissed, you should list it on your SF 86/eQIP as the question specifies to list criminal charges regardless of whether they were sealed, expunged or dismissed. In my opinion, if the offense is over 1 year old and you have no other issues, you should have little problem receiving a clearance eligibility. Good luck. |
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Bill L. (Annapolis, MD) on June 8, 2010 at 11:49am
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For SSBIs, do investigators specifically review high school or college disciplinary records, or is that only done if a reference interview brings attention to it? |
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Dave (NY) on June 8, 2010 at 11:23am
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14 years ago I was putting myself through college and helped a friend who was employed as a bail bondsman. We had a firearm in a box in the car and were stopped for a traffic violation. He lied to the police about any firearms in the car but I told the truth when asked. We were both arrested for misdemeanor possession of a firearm. I did community service and the charge was eventually dismissed.
About a week after this incident I was charged with impersonating a police officer when I used my citizen volunteer sheriff badge to get myself out of a threatening situation. That case was dismissed entirely with me not even having to enter a plea.
In the past 14 years I have received two traffic tickets, put myself through law school, and have held executive-level positions in the private sector. I'm now going through Secret clearance and wondering what my chances will be. I know the firearm offense is taken seriously, but there were some mitigating circumstances with regard to our interpretation of specific authorizing code sections, where the weapon was stores, and my honesty when questioned.
Any chance that the two seemingly out of character incidents 14 years ago will be weighed against my current good standing and the clearance will be approved? |
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Haunted Past (California) on June 8, 2010 at 4:56am
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My x husband who had full blown contempt charges retaliated by purposely making up false accusations about me and had my top secret sci temporarily pulled. I was called in and I told them he is harassing me, and they found that what I said was true and that I did not do anything wrong and they gave my clearance back, but then it seemed like they subtly start harassing me too making it difficult for me to wok and letting the abusive x husband keep his and continue for many years with the agenda of not letting me work.
There were about 5 instances I should have put him into contempt of court over the past 5 years, but I could not afford to. After what he did to me, my coworkers started treating me like they were shrinks, making completely out of line remarks that were not only wrong but discriminatory. I left quietly and decided to just be above the low mentality. What could I do, they would just have every lie or excuse in the world to cover themselves; that seemed to me the mentality.
Now I am considering a job where I should find medical records that are over 14 years old and they are archived or destroyed; I can't even find them. Also, since I felt very strongly that I was mistreated and the issues were so long ago, I don't think I should have to open up every single detail and put myself in a position to get re-victimized again.
What do other people do in such a situation, can an attorney ever help a person in the questioning process, so that you aren't accused of untruth, but yet you can comfortably provide enough information to prove you're medical health and worth without being victimized by people who are not doctors or who prey on it because it no longer becomes confidential. Some of the questions they asked right in front of people who had absolutely no need to know nor to start rumors about. This is an abuse that absolutely needs to be fixed. |
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EEOandClearances (Ohio) on June 6, 2010 at 7:08am
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Hello,
I recently received a tentative offer with DCAA for a co-op position and I am a little worried about what happened when I was 18. I was arrested for shoplifting (misdemeanor). I went to court for it and the case was dropped/dismissed. I don't think I was convicted or charged, but I'm not sure. Will this hurt my chances of getting security clearance? And also when they conduct the drug test is it a urine sample? |
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Anonymous (Laurel Maryland) on June 5, 2010 at 8:23pm
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R. McKoy (DC),
First of all, congratulations on turning your life around. Second of all, you must be honest in answering questions on your SF 86/eQIP. Based on your scenario, I think you have a good chance at being granted a security clearance eligibility. However, an item called the Bond Amendment prohibits you from being assigned access to any activities involving Special Access Programs, Restricted Data and Sensitive Compartmented Information. Good luck. |
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Bill L. (Annapolis, MD) on June 4, 2010 at 9:07am
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I was arrested in 2006 for four misdemeanors. One count of disturbing the peace, one count of keeping a disorderly house and two counts of sex for a fee. Huge mess, long story. The charges were dismissed without a finding upon completion of community service, but since it happened in MA I was unable to expunge my record. Do I have to disclose the arrests if there wasn't a conviction? My record has been clean since then. Will I be able to obtain clearance? Thank you for your time and your help. |
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SKa (TX) on June 2, 2010 at 5:01am
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I was convicted of an 2nd degree assault back in 2001, (this is my only offense) . I served 2 years in federal prison because of it. After my release I have been on a straight arrow, doing all things positive. I managed to work as a federal contractor for the past seven years without having to submit to a clearance. My contract expired, and my company has offered me a position which requires a low risk clearance.
What are the chances of of being cleared? Does anyone have any advice, suggestion...do's...dont's for completing the sf85. Any help would be appreciated... |
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R. Mckoy (Washignton, DC) on May 31, 2010 at 5:36am
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Saxman (Texas):
16 years is a long time. The Bond Amendment does not specifically apply to you because you are applying for a collateral TS clearance (a collateral clearance is one that does not involve access to SCI, Restricted Data, or SAP). However DOD has taken the position that it will apply Bond Amendment restrictions to collateral clearances, because it is impossible to predict whether someone with a collateral clearance will have access to Restricted Data.
As I indicated in the article, DOD adjudicators have the authority to grant waivers to the Bond Amendment. I have not seen any cases involving Bond Amendment waivers, so I don’t know if a potentially disqualifying condition requires more persuasive mitigation than non-Bond Amendment cases, and if so, how much more persuasive.
I suspect that in order to get a waiver, the disqualifying condition will not only have to be fully mitigated by the specific mitigating conditions in Guideline F (Financial Considerations) and Guideline J (Criminal Conduct), but also strong positive “whole person” factors. |
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William Henderson on May 30, 2010 at 2:12pm
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Kicksjy (Bremerton):
Because you were granted a Secret clearance after the incident and the matter was known to the adjudicating official when your clearance was granted, it will not be a reason for denying a TS clearance unless there have been subsequent criminal conduct or related types of misconduct. The criteria for granting a Secret clearance is exactly the same as the criteria for granting a Top Secret clearance—only the investigations are different. |
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William Henderson on May 30, 2010 at 1:42pm
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I was arrested 5 years ago for domestic violence when I slapped my adult daughter after she did same to me during an argument. I was 50 years old at the time and have no prior arrests of any sort. I went to weekly counseling for 6 months and this was reduced to a misdemeanor. We have reconciled and things have been good between us since that time although my daughter has also had a confrontation with her father-in-law last year.
I'm wondering how much the conviction will affect my chances of getting a TSC. During the past 3 years my wife and I have been foster parents and we have adopted our last foster son who is now almost 4 years old. This conviction wasn't enough to disqualify me from being a foster dad and didn't disqualify me from adopting our little guy so I wonder how much it will affect my chances of getting a security clearance. Please advise. |
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Will (Illinois) on May 30, 2010 at 1:23pm
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I was convicted of a felony of accepting bribes 16 years ago and served 20 months in federal prison. Since then I have not had any further convictions or arrests. I am a Vietnam vet, wounded in combat twice, sniper, airborne ranger, so I have demonstrated loyalty and commitment to the ideals of this country, but I accepted bribes as an IRS agent. My form 50 does state that I am elibible for reinstatement, but it states at the bottom that I resigned in lieu of termination. I am currently applying for positions requiring TS clearance. Mr. Henderson what is your opinion? |
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Saxman (Texas) on May 27, 2010 at 9:33am
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I am currently a government employee with a final and active SECRET clearance. I am looking to change career paths and work for a private consulting company. The company seems interested, however, the position requires a T/S.
I was wondering how my criminal history will affect my T/S chances. I was charged with a Hit and Run felony a few years back, but it was reduced to a misdemeanor and my adjudication was withheld. (After parking my car a few hundred feet away from the cash site, I was arrested while I was walking back to the incident). Although not a formal conviction, many companies still view it as a conviction.
All of this happened before I had to go through the SECRET clearance process for my current job. I was completely honest throughout the entire process and received my final SECRET clearance 2 months after I started working with an interim. Maybe being an officer in the Navy helped with it.
What are my chances of getting the TS clearance??? |
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kicksjy (Bremerton) on May 26, 2010 at 12:37pm
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Need some advice. Today I received two tickets from VA State Police (1 in Bristol, 1 in Roanoke) while driving from on 81-N. One is an infraction (19 mph over, 4 points off), the other is a misdemeanor in VA (24 over is considering reckless-speeding, 6 points off).
I'm not so much worried about the points, I have +5 safety points as it is, so only 5 points will be deducted, however I am concerned about the "misdemeanor". I am due for my TS readjudication in October. Other than these these two tickets, there is NOTHING on my criminal or driving record. I have a spotless record....well had a spotless record, lol.
In the meantime I have an appointment with a traffic lawyer. Maybe the judge will reduce the misdemeanor to a lesser offense considering my record and circumstances.
Also, I'll try to hold off on the readjuication until after my court date for the misdeamor on Aug 2, that way I can honestly say "no" to any questions about currently pending court action for a criminal charge or offense. I can pre-pay and sign/mail in the admission of guilt for the infraction ticket.
Should I be worried? Should I delay updating my TS until after Aug 2 when the "misdeamor" court date is over? If this misdeamor is no big deal I'll just carry on as is, mail in the guilty pleas and pay the fines. Thank you! |
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Matt (Washington D.C.) on May 24, 2010 at 8:28pm
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Just wondering if the following are concerns for being granted a TS security clearance for the Federal Government. I have a couple friends who have these clearances and I've told them what I've done but they said as long as I tell them and not lie about anything, I'll be fine.
I have 8 traffic violations in the last year and a half. The biggest ones being speeding 98 in a 50 mph zone, and for re-tinting windows after getting an inspection citation and having to get the tint taken off. The latter violation was dropped in court though. Also, I cheated on my wife. Lastly, I used a neighbor's wireless network (just for general browsing) for about 4 years.
Should these be concerns for me? I don't have anything else that I can think of. Never done drugs, I don't drink, I have no criminal record, I don't have bad credit, no foreign influence or contact or anything.
Thanks! |
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svt (md) on May 22, 2010 at 6:18pm
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Sam (NY),
I guess it would be an understatement to say that you are in a mess. The bottom line is not good. I am assuming that you are a defense contractor and DISCO is the adjudication facility adjudicating your clearance eligibility. As soon as the charges were dismissed against you, your former employer should have been beating the door down at DISCO to get the “red flag” removed from your JPAS record. Technically, since you are not employed and do not have a valid offer of employment, DISCO can place an entry in JPAS of “loss of jurisdiction” and not review your case further.
I suggest that you contact an attorney in your area who has experience/specializes in national security cases to see what can be done. My belief is that until you have a valid offer of employment by a company who will stand by you for the time it takes to resolve this, your case is going nowhere. The main thing you can do in the meantime is to make sure you have documentation of the arrest, the dismissal, the court documents of the charges against the town/police and the final settlement. Good luck. |
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Bill L. (Annapolis, MD) on May 18, 2010 at 12:40pm
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HELPPPPP,
Based on your situation, you probably will not be granted an interim clearance to fully participate in the duties you were hired for.
A typical investigation for TS takes 2-6 months depending on the issues involved. In your case, the investigators will have to collect police and court records, as well as any probation records if you are placed on probation. Additionally, you will be interviewed specifically about the DUI and your use of alcohol.
If this is your only issue, I can see you being granted a TS sometime in the future. After 6 months since the DUI and your completion of all court-order requirements (fine, alcohol counseling, etc), I would grant you a TS with a warning to refrain from any similar conduct in the future. However, some agencies are more strict and would wait for 12 months since the DUI. Sorry to say, but you will just have to ride it out. Good luck |
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Bill L. (Annapolis, MD) on May 18, 2010 at 12:28pm
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I have held TS/SCI with CI poly, and was working with a current TS for an aerospace company near Binghamton NY. In October 2006 my Ex-wife and my Ex-father in-law worked in conjunction with the police of a local town to have me falsely arrested on felony eavesdropping charges for the video recording of the exchange of my son with my ex-wife (by police statements). Which had been taking place in the local police department lobby since march of that year. I had asked and received permission to video tape the exchanges from five of the police officers prior to October 2006.
The DA withdrew all charges and I sued the town for the false arrest and received a cash settlement. Working with the head of security at the aerospace company I was employed at from day one. I had kept the head of security informed of all actions with the case including the dropping of all charges and the filing of the case against the local town and its outcome. Three years past since the October 2006 incident and I continued to work and received raises and performance based awards.
I had received a job offer from another aerospace company before being laid off in October 2009 as a part of a RIF. That job offer was rescinded stating a problem with my clearance and they stated that my clearance was red flagged in the system and only showed the arrest and no other update. I worked from October 2009 until January 2010 with the head of security. When the aerospace company no longer employed the person I had been working with all along. A new person took over the head of security position and stated that, “since I was not a current employee of (that aerospace company) and did not have a job offer from (that aerospace company) there was nothing they would do”
I am continuing to be denied employment based on this. What can be done to correct the JPAS system and get my clearance restored so I can be employable? |
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Sam (Binghamton Ny) on May 15, 2010 at 3:52am
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Hi. They wanna put me through a TS, but i just got a DUI a month ago..and I think they might place me doing something in the mean time like security guard or a easy desk job while I await the TS. I'm just scared that I might have to drive the security car around and I have a DUI charge. What do you think will happen to me? Will they give me the job still? Thanks. |
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HELPPPPPP respond please its buggine meee on May 14, 2010 at 1:20pm
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I am worried about a DUI I got when I was 18. I was not arrested but my license was suspended and I had to go to a minor under the influence one day class. I am now 22 have had no more problems with drinking or anything for that matter. Will this effect my chances at getting a TSA security position? |
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Worried About TSA Position (Texas) on May 12, 2010 at 1:53pm
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Hello,
in Oct of 2005, I was arrested for a slew of charges related to a DUI.
All of the charges (2nd degree assault, reckless endangerment) were dropped ie:NOLLE PROSEQUI. The only two charges (now that I look back on the court case) that remain are resisting arrest and Suspicion/Driving Under the Influence. I pleaded guilty two both counts and was given supervised probation before judgment. I was not convicted of either crimes.
My interim clearance was declined. I was told they will investigate further, but was is the chance that I'll be cleared? My record has been clean since. Thank you for any info you can provide. |
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M.A. (Maryland) on May 7, 2010 at 7:30am
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Pistol (GA),
Several points to consider in your situation. First, as a federal employee, you should have received a SF 50 (Notice of Personnel Action) upon your termination. That form should state why you were terminated (probably terminated as a probationary employee).
The questions on the eQIP/SF 86 for security clearance purposes ask you to list any former federal service, both military and civilian. That question does not ask about termination.
The next question asks “in the last 7 years” have you been fired, left a job for reasons under unfavorable circumstances, etc.
Keep in mind that there is a record of your prior federal employment and it will be checked during the course of the background investigation. Bottom line, read each question and answer honestly. I do not think this employment situation would result in you being denied a clearance eligibility, providing you have no other significant issues. Good luck. |
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Bill L. (Annapolis, MD) on May 4, 2010 at 9:34am
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I was arrested and charged with lying to a police officer 6 years ago, providing him with a bogus name. It was expunged, and I otherwise have no criminal record. If it were any other common/minor offense, I wouldn't be too worried about it, but since it involved dishonesty with law enforcement, I am concerned.
There are mitigating factors to the incident about which I'm not sure how much detail I'd like to go into. But in a nutshell, I was neither intoxicated nor stopped while driving, and I had a legitimate reason for not having identification on me at the time. I was basically having a staring contest with an officer who was also in his early 20s after I'd drawn attention to myself for, in essence, questioning the manner in which he was doing his job.
A further mitigating factor is that I have been clean and sober for the past two years.
The nature of the offense is what hurts me the most, as I'm reasonably confident that the time elapsed and being in recovery could have a favorable mitigating effect. I'm grateful for any feedback. Thanks. |
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JR on May 3, 2010 at 10:39am
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Should I read anything into the fact that my final suitability analysis seems to be taking forever (I do have some criminal conduct--over 15 years old--and past drug use--nothing within the past 2 years--that I disclosed)?
What recourse or rights, if any, do I have if I receive an initial denial?
Thank you for your response. |
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Teddy (Colorado) on April 30, 2010 at 5:14pm
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I had a felony conviction in 1979 at the age of 19 for attempted burglary / tools. I was sentenced to a youthful offenders program where I served approx. a year and a day. I have not had any issues since. Married father of 4, great finances, over 20 years with a fortune 500 company. I am a volunteer firefighter EMT also. I am in the hiring process for a great job that will require a clearance. I have always disclosed the conviction.
I am worried I will leave my current job and start the new one only to get rejected during the clearance process months later and be out of the new job.
Will the Bond AMENDMENT disqualify me completely and what are the odds of being granted a clearance? |
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Need Advice (Baltimore) on April 30, 2010 at 2:06pm
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Dear Mr. Mr. Henderson
I don’t mean to waste your precious time. I just want to ask you a few questions because I don’t seem find an answer on the site.
I have clean record with the police department – no infractions, misdemeanors, and felonies. But, I did have one NJP from the Marine Corps for larceny, and the punishment was demotion. I am trying to get hired with the Social Security Administration (SSA).
Will my NJP show up on their background check? If so, will it affect my hiring? I didn’t put it down on my background check application because SSA didn’t ask anything about NJP. They only ask for court-martial. I know NJP is not court-martial. I am looking forward to hear back from you. Thank you. |
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John P. (San Francisco ) on April 29, 2010 at 9:52pm
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I still own a home with my ex-husband. The house is about 40% upside down and the payment went way up a while back. My ex-husband is thinking about short sale or deed in lieu of foreclosure. Could either of these hurt his security clearance? |
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Stacey (Reno, NV) on April 26, 2010 at 5:11pm
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Please Help Me Out!
I went in the military 6 years ago and got my security clearance then. I was convicted of a dui a little over three years ago and started for the Civil Service for three years. I just finished my degree a couple months ago and was stupid one night to think I had quit drinking long enough to drive. I got was arrested but haven't been charged with a dui yet. Now two months later I got my dream job on base and they don't accept my current military security clearance so I have to get another one. I haven't been convicted and there's a good chance that my charge will dropped down to reckless driving.
I have to fill out the sf86 soon. I do not want to loose this job! I have been working for it for three years and finally got it through a lot of hard work. Do you think they will deny me of my security clearance for this? What should I do? Please tell me something positive. I don't drink anymore at all but the record doesn't look good. |
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Bob (GA) on April 26, 2010 at 4:41pm
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8 years ago I worked for a facility in Maryland as a Federal employee. I kept the job only for about 6 months because I was terminated. Prior to accepting and moving to the MD, the supervisor never bothered to call me (even after repeated requests by me) what the job entails. I was horrified upon arrival, they wanted me to run cables by myself through concrete walls, intersticles, floors, etc with no tools or assistance. Repeatedly, I asked for help but since I was the only whote person there, they refused to help. I got so pissed off at them I told them I do not have the experience or training no assistance to do this and I will not do it without assistance. So they terminated me which I did not mind since I got unemployment.
Keep in mind I have no criminal, drug, drinking or any misbehavior past. I had a Top Secret clearance with the US Military years ago. Now I am applying for an overseas contract position and I wonder if this will hurt me? |
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Pistol (Georgia) on April 26, 2010 at 8:40am
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Mr. Henderson,
I realize that this section covers the SF86, but I am having to fill out the SF85P/SF85PS, and I am concerned only about issues. The first being an arrest nearly 7 years ago in MI involving transporting a firearm in my vehicle and being pulled over and getting arrested for a concealed weapons charge (Felony)with a non-conviction, that was later expunged from my record, I have documentation (expungement letter with fingerprint cards).
Next, my latest job was less than 30 days in which I was terminated for being disruptive to others. (a personality conflict, not job performance.) I received unemployment, and it was deemed that the term 'misconduct' did not apply for the reason I was terminated. This job was not included on my resume only because it was less than 3 months (I have never had any issues at any of my previous employers ever), but I am including it on my SF85P/SF85PS form.
Will these items be cause for denial of security clearance(and/or) loss of the job I was just offered once they see this information? My wife is so worried that this information will be cause for the employer to take back the job offer, regardless of my honesty and disclosure of the issues. Thank you in advance for your insight. |
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HELP! Wife freaking and worried (Michigan) on April 20, 2010 at 11:51pm
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Brian:
When a person is arrested and convicted of a crime, records concerning the matter are created at multiple criminal justice agencies. The FBI can only speak for the records that they control and maintain. You can never be certain whether all the records have been expunged, unless you contact every possible criminal justice agency where a record might have been created. But this is a moot point. The SF86 clearly states that you must list the offense even if the records have been expunged. |
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William Henderson on April 20, 2010 at 4:02pm
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Chris (Colorado):
Six years of abstinence with the intent to never use illegal drugs in the future, should fully mitigate any security concern regarding your past drug involvement. See my article on <a href="http://www.clearancejobs.com/defense-news/79/drug-involvement-and-security-clearances">Drug Involvement and Security Clearances</a>. |
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William Henderson on April 20, 2010 at 3:52pm
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Joe (dc):
Depends on which eQIP form you fill out. Both the SF86 and the SF85P have a section on “Police Record” that asks about criminal charges. On the SF86 it is question #22 and on the SF85P it is question #20. There is also question # 11 on the OF306 (Declaration for Federal Employment) that all agencies use for federal employment and many agencies use as a supplement to the SF85 and SF85P for contractor personnel. |
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William Henderson on April 20, 2010 at 3:48pm
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Mike (VA):
Marriage to someone who was previously involved in criminal activity and has not been involved in any criminal activity for a few years should not have any negative affect on your continued eligibilty for a security clearance. The Adjudicative Guidelines lists a potentially disqualifying condition of: “association with persons involved in criminal activity” and is based on the potential undesireable influence such a person can have on a security clearance applicant. If the person is no longer involved in criminal activity and there is no indication that they will engage in criminal activity in the future, there is no security concern. |
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William Henderson on April 20, 2010 at 3:38pm
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I am in the process of filling out a eQip now and 3 weeks ago i was charged with embezzlement from a previous employer. This is indeed a charge but i have yet to have a court hearing with the possibly of charges being dropped before hand. At what part of the eqip should i explain this if i should even explain at all?? Thanks |
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joe (dc) on April 20, 2010 at 12:04pm
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Mr.Henderson:
I had a charge of Possession with Intent to sell of Marijuana in 1999.
I had the record expunged in 2006 at the local, state, and FBI database.
The FBI told me that once the record is expunged its, expunged that nobody the military, FBI, or other Law Enforcement agencies do not have access to them no more.
I am seeking federal employment and have to fill out the SF-86 and want to know whether or not the records are really expunged? |
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Brian on April 17, 2010 at 9:13pm
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I currently hold a medical marijuana card and I recently decided to go to college and peruse a degree in aerospace engineering. I quit smoking a few months back and I never plan on smoking again. I have nothing on my record except a few speeding tickets, and have never failed a drug test. After doing some research on aerospace engineering jobs I have found that many of them require a security clearance. Assuming I won’t be ready to get a job in the industry for 6 years or so. Would I be able to obtain a security clearance for jobs in this field even with this history?
Thanks |
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Chris (Colorado) on April 17, 2010 at 12:24am
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Dear Bill L,
I appreciate you telling me not to back out. I am supposed to start the job with DOL on May 10. On May 6, I am supposed to complete the Security Clearance form. I have no idea what form. Maybe it is SF86. I asked and they wouldn't tell me. It is a Investigator, GS-1801-09 step 1 as I may have mentioned.
Once I fess up on May 6 on the form about my expunged underage incidents from over 3 years ago, could they deny me from starting on May 10? |
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DOL Investigator (California) on April 16, 2010 at 6:50pm
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I currently hold a Secret clearance and am about to marry someone who was convicted of misdemeanor petty larceny and destruction of property in 1996 and felony embezzlement in 2000. Since then she has had no other incidents and has had her rights restored. I am wondering what impact her past will have on my Secret clearance. All advice is welcome, thanks in advance. |
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Mike (VA) on April 15, 2010 at 9:25pm
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Karen:
There are 4 articles related to security clearances and financial matters. Articles are posted below with links.
<a href="http://www.clearancejobs.com/cleared-news/39/the-impact-of-delinquent-debt-on-security-clearances">The Impact of Delinquent Debt on Security Clearances</a>
<a href="http://www.clearancejobs.com/cleared-news/41/explaining-delinquent-debt-on-the-sf-86">Explaining Delinquent Debt on the SF-86</a>
<a href="http://www.clearancejobs.com/cleared-news/94/delinquent-debt-and-interim-clearance">Delinquent Debt and Interim Clearance</a>
<a href="http://www.clearancejobs.com/cleared-news/44/what-to-do-if-you-have-delinquent-debt">What To Do If You Have Delinquent Debt</a>
If you still have a question, post it under one of those articles. |
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William Henderson on April 15, 2010 at 8:22pm
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Mr. Henderson,
I was cited for a misdemeanor; the charge was dismissed based on community service, and my record was expunged. NC law states that an expungement allows you to legally answer 'no' to "any and all" questions re: citations or charges, and you cannot be held guilty of perjury or false statement. I have checked the court records and online background checks; the record has truly been expunged.
How does this impact the SF86? A quick response would be appreciated. |
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Unsure Lady (NC) on April 15, 2010 at 6:30pm
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Hi Guys,
I have a quick question for anyone who might have some insight. I was offered a contractor position with the state department. It requires a secret clearance, but I have a few blemishes on my criminal record.
I was arrested in 2000 for destruction of property for breaking a car window, the case was suspended then dismissed. This resulted in me getting an article-15 in the Army and subsequently being separated with a General Under Honorable Conditions. Later that year I was out with a friend and we found an ATM card sitting in a machine with cash in the til. My friend convinced me to take the cash ($300) and he took the card. He ended up using the card at a few places and the police came looking for him. He and I look quite a bit alike and they accused me of being him. I cooperated with the investigation and told them they needed to talk to him. He got a good attorney who was an ex-cop and long story short he was never questioned, but did repay all of the money he took. I plead no contest to credit card theft/fraud and spent the weekend in jail. The remainder of the sentence was suspended.
After my probation was over I petitioned the Governor to restore my rights, which he granted. After that I entered a petition with my local court and had my right to possess a firearm restored. This was also granted, as was my concealed weapon permit.
Being that the crime was 10 years ago and all of my rights have been restored and there has been no further police contact, I suspect my secret will be granted. I also suspect I will be denied for an interim clearance. Does this sound about right? How much will this slow the process down?
Any ideas you have would be greatly appreciated!
Thanks! |
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Concerned in VA (VA) on April 14, 2010 at 11:29am
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Hi,
My husband has just decided he wants to reinlist in the Army and go to OCS. We have a rediculous mortgage 62% of our income currently. As a result of our adjustable mortgage, we filled bankruptcy in Dec. We have been told to wait 6-12 months to apply to OCS because he needs a clearance. If we choose to do a deed in lieu of foreclosure will that make him have to wait longer, and if so how long? |
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Karen on April 13, 2010 at 2:49pm
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DOL Investigator,
No, do not back out. Your incidents were long enough ago that they should not be a problem. However, even though they were expunged, read all questions on your employment application carefully and answer honestly. On your SF 86/eQIP, the questions on criminal conduct state to report any pertinent crimes regardless of whether they were expunged. Good luck. |
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Bill L. (Annapolis, MD) on April 13, 2010 at 11:21am
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George,
If you have no issues subsequent to your 2004 incident, I don’t see a problem with employment or even a Secret clearance. Good luck. |
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Bill L. (Annapolis, MD) on April 13, 2010 at 11:18am
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Leigh (AZ),
Unless you were convicted and sentenced to more than 1 year in jail and actually served more than 1 year in jail, the court-martial will be viewed in context with your whole history. If you have no other issues, you should be OK. |
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Bill L. (Annapolis, MD) on April 13, 2010 at 11:15am
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I was just offered a position as an Investigator GS-1801-09 for the Dept of Labor. In the offer letter, I was told I have to go through Security Clearance. Four (4) years ago, while an undergraduate (Oct 2006), I was arrested for underage drinking by my University. My record was expunged. Six month later, I was stupid yet again as I was charged with underage DUI in another state. I had to plead guilty or else risk thousands to defend myself, etc. My record was expunged from that.
Besides these two offenses, I am sqeeky clean with excellent grades, two degrees, and work history. I have no idea what security form I have to fill out. Do you think I will have a problem? Should I back out?
Thanks |
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DOL Investigator (California) on April 10, 2010 at 7:38pm
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Bill,
Thank you for your insight. I had an additional question in regards to Top Secret clearance. Will I be able to obtain Top secret clearance with a court-martial felony on my record? It was 15 years ago and I have nothing else on my record. |
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Leigh (Phoenix) on April 7, 2010 at 1:19pm
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I was charged with DUI and possession of cocaine ( felony ) and marijuana, disorderly persons in June of 2004 all in the same incident. I was given reckless for the DUI and Conditional Discharge for the Drug Charges. I have not used drugs since. I resigned my job with the Navy in 2001 to take care of my children. I was a good employee with an outstanding rating and no disciplinary actions.
I'm ready to go back to work and I was wondering if the Federal Government would even consider me for employment now. Am I wasting my time ? |
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George on April 7, 2010 at 9:17am
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In an Ugly Situation (AL),
Your handle says it all. MY opinion – regardless of the cost, I would get an attorney. Since you have a history of being charged, the prosecuting district attorney will lay it on in court. Most judges are not sympathetic to domestic violence charges and will uphold the law as the prosecuting and defense attorneys present it. Since you are charged with violating a protection order, you could face jail time.
Your clearance is the least of your worries. Even if you are found not guilty, your previous offenses put your clearance at rise, or at least will be looked at. Good luck. |
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Bill L. (Annapolis, MD) on April 6, 2010 at 9:57am
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Concerned (Mass),
Until the form is submitted to the investigating agency, it can still be amended. I suggest you talk with your security officials and ask to amend the form. If it has already been sent, you can amend it if/when you are interviewed. If this is your only issue, it should not result in a clearance denial. Good luck. |
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Bill L. (Annapolis, MD) on April 6, 2010 at 9:49am
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I had a domestic violence charge in 2006, I was ordered to do intervention classes and the charges were dropped, I then had an ex girlfriend lie that I had hit her and was arrested and had to be bailed out then put under a ten year protection order. She lied that I violated the protection order and I was arrested again and had to be bailed out again. I have court fees to pay and am trying to rebuilt my credit because my lawyer fees and bail have but me in a financial hardship which is what she planned to do so that I would loose my clearance. I let her move into my house because she lost hers and when she could not stay any longer because I had to leave my house because she ran my utilities up so high I couldn't afford them. She filed another false charge against me. I am currently awaiting my federal hearing and want to know what can I do to keep my clearance since I am representing myself. Is there anything that I can do or is this situation a lost cause? |
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In a ugly situation (Huntsville AL) on April 4, 2010 at 10:40am
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I just completed and submitted my SF 86/e-Qip for a TSA position however I just realized I made an error and answered "No" to Section 22 Question e. Have you EVER been charged with any offence related to alcohol or drugs. I was convicted of DUI 26 yrs ago back in 1984 and I misread the question in that I believed I only had to list if within the last 10 yrs, should I just tell them now and admit the mistake I have yet to sign the signature forms. I have no other convictions. |
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Concerned (Mass) on April 3, 2010 at 1:55am
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Leigh (AZ),
For application for a security clearance, you will have to complete a SF 86/eQIP. If your DD Form 214 says your discharge was “under honorable conditions”, you do not have to list it in Item 15 of the SF 86/eQIP. If the discharge was “under conditions other than honorable” you will have to list it. If your court-martial was for a drug or alcohol offense, you will have to list it in Item 22 of the SF 86/eQIP. If you have no other issues, this should not cause a problem for your clearance eligibility. Good luck. |
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Bill L. (Annapolis, MD) on April 1, 2010 at 8:52am
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N.M. (Honolulu):
A single misdemeanor conviction that occurred more than 9 years ago is a non-issue for federal employment suitability purposes. I’m not aware of any federal form that requires you to list a misdemeanor conviction (not related to alcohol, drugs, firearms, or explosive) that occurred more than 10 years ago. |
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William Henderson on March 30, 2010 at 10:58pm
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I've recently been offered a job with a defense contractor pending a security clearance. I was discharged from the military in 1996 with a Bad Conduct discharge. I was also issued a Court-maritial (other). I chose not to disclose this on my employment application because it happened more than 10 years ago. Will this be a problem? |
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leigh (Arizona) on March 25, 2010 at 5:55pm
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I was convicted of criminal property damage, and disorderly conduct, which I served two days in jail, did community service, and was fined.
I am registering to apply for this job on the 27 of March, but, I will not start until January. I am going to get this expunged in August.
I am applying to work as a civilian for the US Navy which will require a basic security clearance. Previously, I had a DHS secret clearance for three years.
Will the expunged record prevent me from obtaining this job?
Thank you for your time! |
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N. M. (Honolulu) on March 24, 2010 at 7:25pm
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William (OR),
Providing there are no other issues in your background, in my opinion, you should not be denied employment or a security clearance eligibility. The charges were minor and investigation by OIG did not result in an adverse personnel action. It appears to me that matters of mitigation prevail in your situation. Good luck. |
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Bill L. (Annapolis, MD) on March 24, 2010 at 1:51pm
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Nacy (VA):
Absent any other potentially disqualifying conditions, a single misdemeanor offense (even a recent one) usually does not result in the denial of a final security clearance. However, it could result in the declination of an interim Secret clearance.
Whether or not you will be disqualified under employment suitability criteria depends on the agency, the position sensitivity level of the job, and job-specific suitability criteria. Unless there is job-specific suitability criteria related to fiduciary responsibility, there is a minimal chance of disqualification for a low-risk position and a possible chance of disqualification for a moderate-risk position.
See my article on "Employment Suitability Versus Security Clearance" at http://www.clearancejobs.com/cleared-news/83/employment-suitability-versus-security-clearance for more information about employment suitability determinations. |
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William Henderson on March 22, 2010 at 6:45pm
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William (OR):
List the charges on your SF86 (Questionnaire for National Security Positions) and fully explain what happened in the comment section. The incident you described will have little to no effect on your final eligibility for a critical-sensitive position. |
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William Henderson on March 22, 2010 at 6:20pm
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I recently filled out a SF-86. When originally filling out the police record section of the questionnaire I came across the verbiage "you need no report any convictions under 21 usc 844 were the court issued an expungement"
My original understanding when completing this form was that I was eligible for this exemption because I had a simple marijuana possession charge were I pleaded not guilty and all charges were dismissed and records expungement. After submitting the form I am now questioning if I misunderstood 21 USC 844. What is the thing do now to rectify the situation? Anybody I should contact to report the misunderstanding? I am not sure if this expungement fell under 21 USC 844 |
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Terry (Rhode Island) on March 22, 2010 at 3:50pm
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I have a question. I thank you and appreciate any and all answers that can be given. I am considering joining the navy for intelligence which requires a top secret clearance or for IT which requires a secret clearance.
Here is my dilemma. I am currently paying off my debts owed, which is only about $600.00 left and that should be completed by April. My main concern is about a misdemeanor marijuana possession drug charge that I received. The charge was in April 2009 and was dismissed. It is the only criminal charge that I have.
I got the charge because I was taking a friend of a friend home from the club and was pulled over because she was drinking in the car. The cop searched the car and found a joint on the floor. It was not mine and she would not admit that it was hers. The cop gave me the citation because it was my vehicle. Needless to say, I have not given anyone a ride since. I have only smoked marijuana twice in my life back in high school.
The charge did not show up in my initial background check, but I have spoken with my recruiter about it and have listed it on my SF-86 form. What do you think about my chances of getting a clearance? Are my chances higher for secret over top secret?
Again, thank you for your time. |
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Tracy (Raleigh, NC) on March 21, 2010 at 7:27pm
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I am currently a Fed employee and have applied for a promotion that requires a National Security/Critical-Sensitive clearance.
I was in a bar that was robbed and I was also robbed. This was all on video. When the robber left he dropped some of our money on the ground. I went and picked up my 60 dollars in front of everybody. Six weeks later I was charged with theft and tampering with evidence (class 2 mis). I got an attorney they immediately dropped the theft. The tampering with evidence was set in deferral to be dropped in 6 months from time of court.
OIG did an investigation and made no recommendations. My agency gave me no letter of caution or anything else. I have not been convicted of anything but the tampering charge is still pending will this affect my chances at getting a National Security/Critical-Sensitive clearance???
Thank you |
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William (OR) on March 18, 2010 at 7:14pm
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I was arrested for shoplifting 6 months ago at a local department store. The incident happened after my start of government employment for 2 wks (I have worked as a DoD contractor with Secret Clearance for 5 years prior to joining the government). I told the government security officer about this incident, complied with the rules and regulations by making a reportable incident.
Three weeks later, the Command decided to terminate my employment for violation of 12-months probation period (for possible delay on granting clearance). A month and half later, a disposition was reached on my case, and I accepted a plea bargain for petty larceny = $200) . I am having a really tough time getting a job since all positions in my background requires clearance at some level.
I am now being considered for a government job that requires a Secret Level clearance. I submitted OF36 (and truthfully answered all questions) and now in the process of submitting SF-86. What is my chance for getting this job? |
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Nacy (VA) on March 18, 2010 at 11:27am
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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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Bill L. (Annapolis, MD) on March 17, 2010 at 12:21pm
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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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martinez (houston,tx) on March 17, 2010 at 10:17am
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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) on March 16, 2010 at 6:22pm
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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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anders003 (ft meade maryland) on March 15, 2010 at 10:48pm
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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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A Worried Applicant (VA) on March 15, 2010 at 7:52pm
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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 March 9, 2010 at 10:22pm
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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 March 9, 2010 at 9:55pm
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Steve (Maryland):
The Bond Amendment does not apply to you. |
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William Henderson on March 9, 2010 at 9:26pm
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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 March 9, 2010 at 8:51pm
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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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William Henderson on March 9, 2010 at 8:24pm
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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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nina clark (florida) on March 8, 2010 at 2:03pm
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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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Steve (Maryland) on March 8, 2010 at 9:08am
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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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Gordon (Florida) on March 6, 2010 at 2:42pm
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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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Bobbi (NAS Pensacola) on March 6, 2010 at 5:47am
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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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Steve (Maryland) on March 5, 2010 at 1:29pm
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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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Mr. R (Indiana) on March 5, 2010 at 12:43am
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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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Frank (VA) on March 4, 2010 at 9:12pm
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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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William Henderson on March 4, 2010 at 3:25pm
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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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John Williams (Virginia) on March 4, 2010 at 2:35pm
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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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Frank (VA) on March 4, 2010 at 7:54am
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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 February 26, 2010 at 8:28pm
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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 February 26, 2010 at 8:14pm
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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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William Henderson on February 26, 2010 at 7:18pm
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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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worried (Puget Sound) on February 26, 2010 at 10:29am
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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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J.J. Carter (Illinois) on February 25, 2010 at 3:59pm
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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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mymilkids (Italy) on February 25, 2010 at 5:26am
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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 February 23, 2010 at 11:52am
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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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Bill L. (Annapolis, MD) on February 23, 2010 at 11:43am
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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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T.G. (Washington, DC) on February 22, 2010 at 5:24pm
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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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Tara K. (Fairfax, VA) on February 22, 2010 at 12:30am
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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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Brian Fitz (Guam) on February 20, 2010 at 9:54am
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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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jc (California) on February 19, 2010 at 5:21pm
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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 February 18, 2010 at 11:55am
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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 February 18, 2010 at 11:50am
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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 February 18, 2010 at 11:42am
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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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Bill L. (Annapolis, MD) on February 18, 2010 at 11:37am
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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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mike_conr (camden) on February 15, 2010 at 6:28pm
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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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Worried (Pennsylvania) on February 15, 2010 at 1:33pm
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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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Ski (Wisconsin) on February 14, 2010 at 6:46pm
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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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Shawn (nj) on February 13, 2010 at 8:54pm
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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. |
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Bill L. (Annapolis, MD) on February 9, 2010 at 12:02pm
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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. |
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Bill L. (Annapolis, MD) on February 9, 2010 at 11:59am
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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? |
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Reilly on February 8, 2010 at 10:32pm
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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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solom (san francisco ca) on February 8, 2010 at 7:01pm
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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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Jenny (Oklahoma) on February 7, 2010 at 11:06pm
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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. |
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William Henderson (Pacific Grove, CA) on February 6, 2010 at 5:09pm
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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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Confused (Home) on February 3, 2010 at 10:58pm
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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. |
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William Henderson (Pacific Grove, CA) on February 3, 2010 at 4:00pm
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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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Confused (home) on February 3, 2010 at 4:43am
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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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Bill L. (Annapolis, MD) on February 2, 2010 at 1:52pm
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Thanks for the insight, you have been very helpful. |
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Mtnmn (ga) on February 1, 2010 at 6:43pm
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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 February 1, 2010 at 5:04pm
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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 February 1, 2010 at 4:58pm
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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. |
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William Henderson (Pacific Grove, CA) on February 1, 2010 at 4:47pm
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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? |
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Blacklisted (USA) on January 29, 2010 at 8:13pm
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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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mtnman (ga) on January 29, 2010 at 6:18pm
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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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david(ma) (ma) on January 29, 2010 at 11:09am
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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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smithrd3512 (alton) on January 28, 2010 at 12:45pm
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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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Bill L. (Annapolis, MD) on January 28, 2010 at 12:07pm
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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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Lost (Galax VA) on January 27, 2010 at 7:16pm
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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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William Henderson (Pacific Grove, CA) on January 27, 2010 at 3:20pm
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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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Situation (DC) on January 27, 2010 at 2:30pm
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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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Hopeful (MD) on January 27, 2010 at 10:54am
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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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Jake (California) on January 26, 2010 at 12:14pm
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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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William Henderson (Pacific Grove, CA) on January 22, 2010 at 11:44pm
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Nevermind, thanks for your help. I was cleared today. |
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Ralph Ellison (Arizona) on January 21, 2010 at 11:31am
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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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Ralph Ellison (Arizona) on January 19, 2010 at 1:18pm
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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 January 19, 2010 at 1:22am
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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. |
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William Henderson (Pacific Grove, CA) on January 19, 2010 at 1:18am
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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. |
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William Henderson (Pacific Grove, CA) on January 19, 2010 at 1:09am
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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. |
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William Henderson (Pacific Grove, CA) on January 19, 2010 at 1:00am
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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. |
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Concerned (San Diego) on January 16, 2010 at 10:08pm
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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 |
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Ralph Ellison (Arizona) on January 16, 2010 at 1:58am
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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. |
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Don (Virginia) on January 15, 2010 at 7:21pm
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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. |
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K. C. (Alaska) on January 12, 2010 at 8:28pm
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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. |
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John (Utah) on January 8, 2010 at 3:32am
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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. |
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Amy (Holbrook NY) on January 7, 2010 at 11:37pm
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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. |
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Kyle (Pa) on January 6, 2010 at 11:32am
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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. |
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Concerned ((Wash DC)) on January 5, 2010 at 12:35pm
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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. |
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Bill L. (Annapolis, MD) on January 5, 2010 at 9:58am
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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. |
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Bill L. (Annapolis, MD) on January 5, 2010 at 9:54am
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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? |
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justun (dc) on January 1, 2010 at 8:58pm
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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 |
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brigson (Carson, CA) on January 1, 2010 at 10:37am
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Worried to go this web site to see more of the inter workings of the adjudication process...
http://www.dod.mil/dodgc/doha/industrial/ |
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zama (germany) on December 31, 2009 at 2:51am
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I have a secret clearance if i apply for a top secret and i am denied, will i lose my secret clearance? |
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zama (germany) on December 30, 2009 at 10:33am
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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. |
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Worried (Ohio) on December 30, 2009 at 2:13am
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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. |
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Teddy (Denver) on December 29, 2009 at 1:49pm
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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. |
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Bill L. (Annapolis, MD) on December 29, 2009 at 10:23am
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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? |
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Teddy (Denver) on December 22, 2009 at 6:38pm
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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. |
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Bill L. (Annapolis, MD) on December 22, 2009 at 8:58am
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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. |
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Bill L. (Annapolis, MD) on December 22, 2009 at 8:48am
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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. |
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Bill L. (Annapolis, MD) on December 22, 2009 at 8:43am
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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? |
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Concerned (Fairfax, VA) on December 20, 2009 at 7:12pm
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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 |
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James O (montana) on December 19, 2009 at 12:23am
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Bill L. , I think you may have missed my question from 10 Dec 09. Any response? Thanks, Concerned |
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Concerned (Virginia) on December 17, 2009 at 4:32pm
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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. |
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Bill L. (Annapolis, MD) on December 17, 2009 at 10:06am
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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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Rich S (San Diego, CA) on December 15, 2009 at 4:35pm
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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 December 15, 2009 at 10:16am
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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. |
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Bill L. (Annapolis, MD) on December 15, 2009 at 10:11am
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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. |
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Bill L. (Annapolis, MD) on December 15, 2009 at 9:46am
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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 |
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cannon81 (texas) on December 13, 2009 at 8:44pm
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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? |
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Mindy (Florida) on December 13, 2009 at 6:07am
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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? |
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The Man (LA) on December 12, 2009 at 10:57pm
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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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Concerned (Virginia) on December 10, 2009 at 5:34pm
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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. |
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William Henderson (Pacific Grove, CA) on December 6, 2009 at 4:42pm
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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. |
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William Henderson (Pacific Grove, CA) on December 6, 2009 at 3:56pm
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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 December 6, 2009 at 3:39pm
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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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William Henderson (Pacific Grove, CA) on December 6, 2009 at 3:18pm
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I forgot to ask how completion of PTI would affect Security Clearances. |
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Myself (New Jersey) on December 3, 2009 at 1:36pm
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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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Myself (New Jersey) on December 3, 2009 at 1:33pm
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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. |
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Nikki (California) on December 2, 2009 at 7:13am
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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 |
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Jamie (US) on December 1, 2009 at 9:47pm
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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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Jason (New Jersey) on December 1, 2009 at 11:19am
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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. |
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Bill L. (Annapolis, MD) on November 30, 2009 at 2:39pm
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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. |
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Bill L. (Annapolis, MD) on November 30, 2009 at 2:29pm
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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 |
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Terrified (WV ) on November 30, 2009 at 12:48pm
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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 |
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Marty Stevens (Chantilly, Virginia) on November 28, 2009 at 11:37pm
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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. |
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Bill L. (Annapolis, MD) on November 27, 2009 at 3:04pm
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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 |
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Steve (New York) on November 27, 2009 at 11:57am
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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. |
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William Henderson (Pacific Grove, CA) on November 25, 2009 at 10:02pm
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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. |
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Malcom (MD) on November 19, 2009 at 4:32pm
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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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Dave (san francisco ca) on November 17, 2009 at 5:57pm
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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. |
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Bill L. (Annapolis, MD) on November 17, 2009 at 12:53pm
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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. |
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William Henderson (Pacific Grove, CA) on November 16, 2009 at 11:09pm
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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. |
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William Henderson (Pacific Grove, CA) on November 16, 2009 at 10:57pm
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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. |
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William Henderson (Pacific Grove, CA) on November 16, 2009 at 10:42pm
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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. |
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Fabi (IN) on November 15, 2009 at 1:39am
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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 |
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kevin (san diago,ca) on November 13, 2009 at 5:08pm
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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 |
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Eduardo (Utah) on November 12, 2009 at 10:37pm
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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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Dave ( San Francisco ca) on November 12, 2009 at 10:14pm
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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 November 6, 2009 at 10:04pm
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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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William Henderson (Pacific Grove, CA) on November 6, 2009 at 9:52pm
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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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Cameron (SLC, UTAH) on November 3, 2009 at 12:56am
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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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mmm (ny) on October 30, 2009 at 10:56pm
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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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Bill L. (Annapolis, MD) on October 27, 2009 at 10:26am
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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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Not an Alcoholic (midwest) on October 22, 2009 at 11:13am
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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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Too Many Skeletons for Public Forum (USA) on October 20, 2009 at 3:52pm
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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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Bill L. (Annapolis, MD) on October 20, 2009 at 1:30pm
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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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Not an Alcoholic (midwest) on October 19, 2009 at 9:32pm
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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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Patrick (Newark, DE) on October 14, 2009 at 9:53pm
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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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dave (athens) on October 8, 2009 at 11:21pm
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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. (Annapolis, MD) on October 1, 2009 at 12:41pm
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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. (Annaplois, MD) on October 1, 2009 at 12:29pm
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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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Bill L. (Annapolis, MD) on October 1, 2009 at 12:22pm
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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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someone (utah) (utah) on September 28, 2009 at 3:10pm
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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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Budah (Utah) on September 25, 2009 at 11:24pm
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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 September 15, 2009 at 10:01pm
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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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dice on September 15, 2009 at 9:54pm
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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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Bill L. (Annapolis, MD) on September 8, 2009 at 2:07pm
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can these guys look up my medical records? |
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drew (md) on September 4, 2009 at 5:08pm
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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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concerned on September 4, 2009 at 8:58am
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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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drew (baltimore) on September 2, 2009 at 2:47pm
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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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Bill L. (Annapolis, MD) on September 1, 2009 at 11:49am
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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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drew (baltimore) on September 1, 2009 at 1:03am
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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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Roger (MI) on August 31, 2009 at 8:18pm
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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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greg baler (austin texas) on August 31, 2009 at 12:24am
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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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William Henderson (Pacific Grove, CA) on August 29, 2009 at 4:13pm
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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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Roger (MI) on August 27, 2009 at 10:38pm
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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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Bill L. (Annapolis, MD) on August 25, 2009 at 8:05am
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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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afraid to disclose (Virginia) on August 24, 2009 at 9:30am
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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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Bill L. (Annapolis, MD) on August 11, 2009 at 9:00am
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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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Mark (Florida) on August 10, 2009 at 7:12pm
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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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Terrol (Washington) on August 10, 2009 at 5:37pm
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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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William Henderson (Pacific Grove, CA) on August 3, 2009 at 4:00pm
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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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Desperate Help (WashingtonDC) on July 30, 2009 at 4:16pm
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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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skinnydog (US NAVY) on July 25, 2009 at 6:53pm
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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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William Henderson (Pacific Grove, CA) on July 23, 2009 at 9:46pm
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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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ashley (virginia) on July 22, 2009 at 1:45pm
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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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Dave (Cape Coral) on July 20, 2009 at 3:17pm
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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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Dezz Hawkins (charleston, s.c. ) on July 19, 2009 at 6:51am
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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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William Henderson (Pacific Grove, CA) on July 19, 2009 at 2:02am
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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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Dave (Cape Coral) on July 16, 2009 at 11:06pm
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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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William Henderson (Pacific Grove, CA) on July 15, 2009 at 1:15am
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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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SF86 Candidate (WI) on July 14, 2009 at 6:23pm
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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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Bill L. (Annapolis, MD) on July 14, 2009 at 12:50pm
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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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johnhhi (SC) on July 13, 2009 at 9:31am
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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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William Henderson (Pacific Grove, CA) on July 11, 2009 at 2:46am
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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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Mark Gorgas (Grand Rapids, Mi) on July 4, 2009 at 11:33am
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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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Cheryl (SC) on June 24, 2009 at 3:31pm
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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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nobodyhasit (San Diego) on June 4, 2009 at 2:02am
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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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Cee (MD) on June 3, 2009 at 11:43pm
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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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Al (New Mexico) on May 30, 2009 at 10:28pm
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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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Matt Reeves (Orange County) on May 20, 2009 at 1:32pm
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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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William Henderson (Monterey, CA) on May 9, 2009 at 10:37pm
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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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Wes Kuzma (Florida) on May 4, 2009 at 7:56am
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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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Frank (Stuttgart, Germany) on March 14, 2009 at 2:51pm
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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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Eric (Arlington, VA) on February 18, 2009 at 3:40pm
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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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James (Illinois) on February 18, 2009 at 3:24pm
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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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Joseph H (San Diego, CA) on February 5, 2009 at 9:07pm
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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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Mia Cook (South Carolina) on February 3, 2009 at 8:47am
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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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William Henderson (Pacific Grove, CA) on January 29, 2009 at 12:35am
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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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Alex Fazly (Los Angeles, CA) on January 28, 2009 at 2:59pm
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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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Karen Wilson (Newport News Virginia) on January 28, 2009 at 11:30am
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