Currently Cleared Secret/SAP - Bidding for TS/SCI position


I’m currently employed with a government contractor. I have a Secret clearance with SAP (all granted in 2016). Everything was just great… until I got pulled over by the police last year (2017) on the way home from work due to an error from the police. I was arrested and charged with “resisting arrest”. At the first opportunity, I’ve reported the incident to the designated FSO. Fast forward to 2018, my trial took place with what appeared to be a “back-the-blue” kangaroo jury (so much for speedy and fair trial…), in which I was found guilty and convicted. I’m currently in the appeal process for this conviction. Once again, I’ve communicated all these details with my FSO.

In the meantime, a great opportunity was made available for me, which requires a TS/SCI clearance. If selected for an interview, my employer will typically request for me to fill a security questionnaire in which one of the questions will be “have you been arrested in the last 7 years?”.

I have a gut feeling that if I answer that question truthfully, I’ll be completely weeded out of the hiring process, but I’m sure there has to be a way to mitigate any concerns with the injustice that was placed upon me.
My question is, do I even have a chance to obtain a TS/SCI, or don’t even waste my/their time?

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Your assumptions are probably “right on the money”!

Here’s the thing . . . You were pulled over due to “an error by the police” and then arrested for resisting arrest? There must be more to that story but the government can’t be happy with a resisting arrest charge under any circumstance. I’m pretty sure that they expect you comply with all legal direction from the police. The side of the road isn’t the place to square up over being stopped in error.

Now . . . Are you suggesting the idea of NOT answering the question truthfully? That will turn out poorly for you since the case will easily be found but the fact you would consider not reporting brings up questions.

Between the arrest and the conviction by a jury, I think that you are going to have a very difficult time. My first suggestion would be to talk with a clearance attorney. Even just a free consult. You current clearance could be at risk.

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The worst thing you (the OP) can do is lie on the background check forms. My employer had a person who got fired for this. The person did not put down on their BI forms that they were arrested for public intoxication in college. The BI found it during their investigation process and the person was subsequently let go.

It made no sense to the rest of us. This person could have just put it down and said “I made a dumb mistake”. This was a moderate-risk Public Trust position.

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Ed, yes… you couldn’t write a movie script like this. This story may borderline challenge the likes of the Shawshank Redemption guy wrongfully convicted for his wife’s death.

I would not lie on any BI forms. I know about the severe consequences of doing so. My apologies if it seemed like I was suggesting.

  1. Just wanted to have insight on whether this can be mitigated for BI purposes. Considering the whole person concept and this being an extremely isolated case.
  2. What function does the clearance attorney serve?
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Anything can be mitigated, will that be sufficient . . . That’s a different story.

Nobody here knows enough about what happened to tell what’s going to happen now. I’m not saying that you should tell us your entire story but you would tell the entire story to a clearance attorney.

What can he do for you? He can give you an idea if your story will sway an adjudicator or a judge. You should also remember that you will be opposing a lawyer who is representing the government. You lawyer will have experience while you will be flying by the seat of your pants. He will know what mitigating factors to stress and which to ease off on. He will understand how to best present the facts in your favor and how to play down those that are not.

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Update: I decided to go for it, and applied for the position last year. I submitted my sf86 about Feb. Investigator interviewed me on March. Provided the investigator all the documentation pertaining to my case. Received interim clearance two weeks after initial submittal. I got final clearance granted not too long ago. Total time was about 5.5 months.

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Congrats, it’s nice that you shared your experience and timeline

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