Chances of Renewal?


#1

So I have some derogatory issues on my background that I am really nervous about.

Beginning in 2012, I owned a business. In 2013 I was furloughed, 2014 my business took a turn for the worse. I ended up filing for bankruptcy in late 2015 to resolve my debts and start over.

I was audited for 2013 tax year for my business, and have a $9k back tax owed, on a payment plan but have also retained an attorney to fight it while I pay it, and try and amend my return as well to mitigate tax burden.

In late 2016, I was charged with unlawful mischief (misdemeanor). I went through court diversion and resolved the issue. The charges were dropped or dismissed, not sure which would apply to the situation. After 2 years the records are sealed and expunged.

Question: I know this is a lot of derogatory information, and I just have a hard time not feeling like I'm going to get denied my renewal. Ive had a clearance for 10 years now, work full time for the government and have never had it revoked through these circumstances. Should my stomach be doing flips like it is right now?


#2

Those aren't the worst stories I've heard. At this point all you can do is be honest and hope for the best. Maybe some antacids for the tummy.

At least with the financial issue you have a plan in place and you are working to resolve the issue. As for the misdemeanor I can't say, but once again, I've heard of folks with more dramatic cases get cleared (after a longer-than-usual investigation).


#3

As a follow on,

With my issues I am going to assume this will take some time to investigate. I have a current/active secret at the moment. It is my understanding that current clearances will not lapse as long as there is an investigation ongoing? What is the hiring practice of agencies for this? I am a current federal employee but was offered a tentative position and I accepted. Pre-employment requirements are obtaining a security clearance. Will I start without the disposition of this new investigation or will I be stuck in holding until then?


#4

One issue you have not addressed is this: if you have been a clearance holder through all of this, then it was incumbent upon you to self-report. If you did not, then that will be the biggest issue to overcome.


#5

So being in the military, these issues were pushed up the chain of command. I did not go to my security section since it is run like a staff section, and going to them seemed wrong. I knew that stuff like crimes needed to be self reported, and that was reported all the way up the chain of command when it happened. The bankruptcy however, was different. My chain of command knows, but it wasn't an item that was pushed up the chain and they didn't seem to care about it. They knew I was dealing with some hard times and they gave me my space. I didn't know that things like this needed to be self reported back then, heck I just learned today that marrying someone is a reporting requirement. I would certainly be open to reporting these items, but it just isn't one of those things my organization really presses or educates us on. My employer knew, my chain of command knew (both the same organization). Not passing the buck, just in the future I will be more mindful of that. I guess I never really use my clearance so its one of those things that basically only gets paid attention when its time for renewal.


#6

I understand your position on this and I agree you likely were never informed of the self reporting aspect to the security function. I know, because my Info Personnel and Industrial career started on active duty in the Air Force. Eventually over time and seniority I ran the office on a nuclear missile installation.For military, normally this is covered by reporting to the chain of command. However, at times people arrested out of state tried to conceal these events. I agree with the bankruptcy not necessarily being a problem. If you work for the IC it is considered the correct path so you aren’t put into situations where you might consider selling information for money. The misdemeanor however can be troubling depending on the nature. If those are the only things in your past…I would not be overly concerned but you might get a conduct letter to sign acknowledging it isn’t acceptable behavior.


#7

I don’t know the details of your situation but I can share the story of a former co-worker (contractor) who had a Secret clearance and was put in for TS/SCI. Yada yada yada he did not get the TS and that particular customer said he could no longer work on their programs even at the Secret level… but he still had a clearance.

So he left and tried to use his Secret and somehow that TS denial showed up as an adverse action and he had to start all over again.

I guess that could be considered “stuck in holding”


#8

I just discovered that I have an account in collections (not a personal account, so it never showed up on my credit report). For some reason, the account is being held in the EIN of my former business.

Anyway, the account is in collections for a little over $5,000 and they never called me for some reason or contacted me. They somehow got my mothers cell phone number though and she just barely found it important to tell me because she didn’t even know what the call was about since they couldn’t disclose it to her.

I called them, I told them I filed for bankruptcy and they said ok, we will see what they can do but basically, no promises. I am willing to go on a payment plan but I am concerned that if I don’t just do that before my investigation is done, that this might get smacked against me since I didn’t know about it. I am also wondering, since it isn’t against my SSN, its against an EIN for a business, will the investigation be super concerned about it? I obviously want it cleared up but it seems like it might be a hang up for me once again. One thing after another.


#9

I would contact the investigator. Making an effort…mitigates a lot. If you didn’t know, you didn’t know. If the cleared position requires a poly that will get to the bottom of that question.

I have successfully cleared multiple people with a couple of bankruptcies so first hand I know it is survivable. The circumstances leading to it and following help determine the ruling.