Disclosure of juvenile record older than 7 years?


#1

Will I have to disclose my juvenile record for a security clearance if it was over 7 years ago? Since then I've served in the military and got a security clearance without it coming up. It was an adjudication felony, but court records would show my involvement (age 17) as just being an accomplice (not actually committing the crime). The two people who did the crime got lesser misdemeanor charges because they paid the court upfront a large amount of money towards restitution. Basically, I was charged with what they should of got. Anyways, do I need to disclose this on the security clearance form for a job? I know I can explain the situation, and I've never had any trouble in almost 10 years. I've served in the military, finished college, and have done a lot to be a good person in society. I'm afraid this will automatically eliminate any chance of me getting a clearance for the job I'm hoping to get.


#2

You say you already have a clearance, but it seems that since you are asking this question now, that you did not disclose this offense on the previous SF-86. On the current SF-86 under Section 22.2 it asks if you have EVER been charged with a felony offense? The correct answer would be YES.

So now the issue is, if you answer it the way you should then a possibility exists that your prior nondisclosure will be noticed and that will become an issue unto itself.

I can only advise you to answer the questions on the application honestly and be prepared to explain the discrepancies.


#3

When I enlisted in the military I, was fully persuaded that I didn't have to disclose any juvenile records. Nothing ever came about afterwards. I was with 2 other people that committed arson (I only drove), but they got off with misdemeanor charges because their parents paid a large sum of money upfront prior to the court hearing. I got charged for what they done, and if anyone investigates my role in the crime, they will find that out. Now, this has been really bothering me the past almost 10 years, but it has also motivated me to work hard and be as successful as possible in life. I've done very well so far, and am about to finish my degree. The job I interviewed for requires a security clearance. I'm a good person, but I don't want my juvenile past to hurt my future. Can this scenario be mitigated if I disclose it on the form? I'm afraid arson will automatically disqualify me (even though it was as a juvenile).


#4

The crime itself is mitigated by time, your age at the time, and the circumstances. It is possible to mitigate the past nondisclosure because you were influenced by a recruiter and did not know any better. However, if you continue to hide it then there is now a new issue of dishonesty and falsification.


#5

Definitely needs to be reported with an explanation as to why it hasn't been disclosed in the past. A felony is one of those "ever" charges. I think the lack of prior disclosure is going to be more of an issue than the charge itself. Mitigation could be possible however. Failure to disclose it would be the deal breaker.


#6

Hey @ao04 did you ever find out if you got the job? I’m afraid I am in the same boat as you. I’ve never applied for a federal job before so when I got to the SF-86 I was terrified. I have been living my life like normal the last 10 years, graduating college, and working good jobs. I’ve worked in State Government the last 5 years. My attorney told me that I never have to list my juvenile history and I have never been turned down a job because of it. Now, though, I had to submit my SF-86 and I didn’t know what to do. I read these forums and figured it would be best to fess up and list my juvenile history. I feel like I really screwed up and there is no way I will get this job. When I was 16 I was charged with 2 counts of felony burglary. I tried to explain it but there is no way to sugarcoat it. I was young, dumb and broke. I had no father and really lost a lot of hope, it was 2008. My mom could barely afford to put gas in her car. I was hanging out with a bad group of friends and they talked me into breaking into some houses. I knew it was wrong and told my mom immediately after and turned myself in at the police station. I did 2 months in juvie. I had 2 incidents involving alcohol later in life, they were misdemeanors but they’ve never affected me from a job. With all of this on my record though, I really don’t think I will get this federal job. It’s my dream job, its what I went to college for. Like I say, I have really turned my life around, I put myself through 4 years of college, I paid for it with loans, I graduated with a 3.7 and I worked the whole time I was in school. I really thought all of this trouble was behind me for good. It hasn’t came up in 10 years. Im 26 now. I’ve submitted all of my history now and I am terrified to check my email. I have already turned down another pretty good job offer because I wanted this one so bad. I don’t know what will happen. I’m absolutely sick to my stomach. Can you tell me how your situation panned out? Thanks.


#7

You disclosed the incident on the sf-86, right?


#8

As described, I have little doubt that this will prevent you from getting your clearance. Time and your age at the time of the crime are clearly mitigating factors in your favor. You can expect to have to tell the whole story, perhaps more than once. Write the story out and include everything that you can about the incident, your family situation at the time, the people that you were hanging with. Write about what you have learned from the incident and what you have done since to make up for it and separate yourself from the people who were with at the time. Be prepared to FULLY discuss this with an investigator but don’t expect it to ruin the rest of your life.

Now, as far as turning down another job? Be careful . . . Clearance, in the best of circumstances can take a long time and you need to live your life in the meantime. Get a job and stop thinking about this until something comes up that you need to address.


#9

Yes, I put it all down on the SF-86 and I listed it on a separate application they gave me when I had to give them my fingerprints. I put down I was “charged” with a felony but not convicted. Because I mean, I’m not a convicted felon, I can still buy a gun from any store. But yes, I was as honest as possible on the SF-86, it seemed pretty serious. I hope they at least interview me and give me a chance to explain myself in person. All I can do know is sit and worry.


#10

All you can do is accurately list the incidents on the SF-86 and wait. I’d imagine that your investigation will result in an interview to gather more info at which time you can discuss the incident at greater depth with the BI. You listed the two alcohol related incidents too, right? That is also one of those “EVER” questions.


#11

Yes, I listed all of the incidents.


#12

Thanks for your advise and input. Hopefully they will be understanding. I still have my part-time college job, I plan on keeping it until I’m sure about this clearance. Thank you.


#13

Yeah . . . There’s a mistake in my response above . . .

I have little doubt that this will NOT prevent you from getting your clearance . . .

I hope that what I meant became clear by the balance of my post!