Can I stop worrying?

In 2018, after several years as an FBI contractor, I was selected to become a federal employee because they were converting my position to a federal one. Coincidentally, my TS was just renewed by the NBIB a few months before my on-boarding process for the FBI was initiated.

After my pre-screening and full scope polygraph, I received news that my background investigation for FBI employment was underway. This was also the indication that I had in fact passed my polygraph with no deception indicated. Honestly, I wasn’t worried about it because I had absolutely nothing to hide. I knew I met the automatic DQ policies and I had a fresh Tier 5 BI to prove it. I didn’t think it would take long for my FBI BI to be completed because the NBIB had just renewed my TS. I thought for sure reciprocity would be used, however, I was wrong.

Fast forward a year later (still working as a contractor for the position I would eventually be doing as a federal employee) I received a letter in the mail. The letter stated that due to a suitability issue, I was no longer eligible for FBI employment. This came as a complete shock and even shocked my immediate FBI executives. After nearly 3 months of trying to find out the reason I was being denied employment, I was officially terminated (without the reason), and told I could never work for the FBI ever again in any capacity. FYI, If you’re a contractor for the FBI and you seek FBI federal employment, if you’re deemed unsuitable to be federal, you’re also deemed unsuitable to be a contractor. I asked for the reason and they said I would need to file a FOIA request.

The letter did say no action towards my clearance would be taken because this remained a “suitability” issue and it took 3 months and 2 FOIA requests to finally get the answer I was looking for. The suitability issue was “Lack of Candor”. The worst of the worst when it comes to the FBI. The real sob story is their evidence to back up that claim is a date in my report that my NBIB investigator had fat fingered as 2017 rather than 2007. According to the NBIB, I did an illegal drug while holding a clearance, while working for the FBI, and didn’t disclose this to the FBI at any time during my pre-screening investigation. That’s because it never happened, it was 2007 and the FBI was aware of that because I did disclose it and they moved forward with me as a candidate because it was outside of the 10 (automatic DQ) year policy. I couldn’t believe what I was seeing. A simple typo just ended a promising career that I had worked my tail off to get.

I immediately contacted the NBIB and after 30+ days, I finally heard back from them and finally got their official report to be updated with the correct date even though it was overlooked by the adjudicator (yeah, that’s a jab to the NBIB). I even received a letter from them indicating the mistake but it was too late. My phone calls to the FBI have gone unanswered and my emails have received no response. They kicked me to the curb for a mistake I had no part of and now I feared my clearance was in jeopardy even though they said it wasn’t. How could it not be if they think I was using drugs this whole time?

Fast forward to the present time, after 2 months of unemployment, I now work for another 3 letter agency as a contractor. My clearance crossed over just fine, and they even crossed over my poly from the FBI (even though I never on-boarded). The new agency never asked any questions or mentioned anything out of the norm even though I held my breath the whole time. When they granted me access and said I was good to go, even though I knew I didn’t do anything wrong, I was still extremely thankful nothing came up.

I feel like an abused animal and I live in constant fear that I’ll be escorted out because somewhere in JPAS or SC, there is or there will be some kind of note that is completely wrong because as far as I’m concerned the FBI never corrected it. If the FBI was going to do something like that, wouldn’t they have done it by now? Can I ever stop worrying?

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If I were you, I would stop talking to us about and hire a lawyer. You suffered both financial and emotional damage due to the error and you should be compensated and, if you want, put on a short list for the position that you were applying for. I would be asking for a significant about of money.

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Unless you were going to work for NBIB/OPM, your case was adjudicated by the requesting agency.

It is unusual that a “fat fingered” date makes it through review and the adjudicator especially these days and the fact there was no arrest or court date tying the date to an issue.

@EdFarmerIII I appreciate the response and that’s exactly what I did. The attorney I spoke with said, yes, what happened is wrong but 9/10 it would be held up in court for years and at the end of the day, when it comes to a “suitability” issue, the FBI can really do whatever they want. If they requested to revoke my clearance, that’s a whole other issue, and he would immediately recommend we take it to court.

He asked me, “…if they offered you the job tomorrow, would you take it?” and that’s when I realized I no longer had an interest of working for them. If this is how they treat people after nearly a decade of service, I’d rather just walk away. I know, sounds crazy but it’s true. I loved my job but what they did was brutal for me.

@backgdinvestigator So you’re saying that my 5 year re-investigation wasn’t adjudicated by NBIB/OPM? Yeah, I guess you’re correct. I just read that from NBIB’s site. “When your sponsoring agency receives your completed background investigation, they will review all contents of the investigation and make a suitability, fitness and/or security decision based on the position you are applying for, or are currently holding.”

I didn’t know that, thanks. I guess the problem with me was, when I started working for the FBI as a contractor, my TS was crossed over but the sponsor remained DoD (where I received my TS) and never became FBI. I found this out because as I was being debriefed by the FBI following termination, the Security Officer said, did you know your sponsoring agency for your clearance was DoD? I said yeah but it crossed over to the FBI. He said that may be the case but the FBI never assumed the role of sponsor, instead, left it DoD. Why would they do that? Just lazy?

FBI does their own investigations and adjudication.
Your 5 year appears to have been adjudicated by DoD.