Denied Clerance

I received letter being denied due to Criminal Activity and Illegal Use. On 2001 was arrested but never convicted. (2) On 2005 was arrested and charged 3 counts however 2 counts were dismissed as for the other count was convicted and expunged. On 2015 I was arrested and charged w/ misdemeanor but granted expungement last year 2019.
As for illegal drug use I stated SF86 I used Norcos and cannabis because I had surgery and prescribed by doctors orders which I provided along with my expungements and dismissal for 2001 charge. Now I provided my license from State Secretary Notary Public Commission and was unsuitable when I have to go under oath when I received last year. What should I do or recommend?

Basically, find a job that doesn’t require a clearance.

Your police records will not change as a result of expungement.

I believe I understand the process as follows.

When you apply for expungement, you do so in the court that has jurisdiction where the arrest took place. If an expungement is granted, its done so on a local basis. If your arrests (plural!) included you being fingerprinted, those along with the offense/arrest info are uploaded into the National FBI database. Since expungement is local, not national, usually the FBI is not informed. This means your arrests may disappear from general searches on your local record, but the info doesn’t disappear from the FBI record.

The SF86 asked EVER questions about arrests and drug use. Those must be reported or risk honesty issues. If that’s not reported, it will still be discovered… and not only do you face adjudication issues on the police records you face honesty issues as well.

Clearance process includes an FBI check. If you thought those expungements were off limits and couldn’t be found, that wouldn’t be the case.

It sounds like there is no basis to fight the denial.

I did disclose 2015 but not others because it’s been more than 15 years. As for drug use I never had a problem I was being honest about surgery.

Where did the 15 years come from?

If the medications were prescribed by a doctor are you required to list them?

One conviction was in 2001 and the other was 2005. As for disclosing drugs I was being honest but read question wrong on the SF86 so I said Norcos and cannabis. What I didn’t read is I have problem with drugs not used illegal drugs as taken or experimental.

Drug charges and criminal activity with or without expungement are red flags. You must list expungements period. If one has multiple issues across a decade or more…it appears there is a pattern of bad behaviors. If this all took place under age 20, 15 years to 20 years ago…you would likely clear. Once tgey believe you tried hiding info, talking down info, minimizing bad behavior…the bar is higher.

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Sorry what made you not list them? Did you read something about 15 years?

Yes, was when I was 18 to 20 years old.

the only restriction that applies to the 18/16th birthday rule are residences, education, and employments.

Everything else is reported “as requested”. Omitting expunged law enforcement issues that were required to be reported is a huge red flag.

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What was your age at each of these life crossroads? What in your history indicates you won’t do this again…what indicates you will? Your track record implies you will use again.

Is there anyway to appeal because doesn’t seem right with documentation’s of everything. I believe my NOPA was not very detail or explained on my part this my first time.

I have never had any issues with abusing drugs if you must know had surgery last year and was prescribed by doctors orders. As for criminal record I was 19 and 21 approximately been years I am 38. It’s a long time.

Why were you arrested on multiple occasions?

Misinterpreting the question isn’t an excuse, since it would have been clarified during the subject interview.

I’m assuming your “illegal use” falls under Guideline H. Norco/ hydrocodone is very common, so the adjudicators obviously weren’t satisfied with your “prescription.”

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You also said 2015. I think they saw a pattern.

There is an appeals process. Misintrepreting the question is so very common and expected. I’m not sure why everyone who fills out the Equip is expected to have a college level reading comprehension.
Here’s the DOHA

If it is a job you really want, then I recommend you look into hiring a lawyer and appeal. At least your case would get a second look and then the adjudicator would have to explain why you would be a security risk. Good luck.

One arrest was dismissed and the other arrest where 3 counts together which 2 counts dismissed. So actually two convictions with 15 years gap.

Do you guys think going to my plastic surgen and requesting a letter would be better?

Thank you for the advice I appreciate since I’m in the legal field. Thank you again.