If I accept a non-sensitive, low risk, federal position within the DOD that requires a NACI w/ inquires and I have a pending charge, MAY I receive a favorable adjudication? I just read a suitability document for the DOD that states “Pending charges (of a nature that would potentially be disqualifying) cannot be adjudicated until the case is disposed.”. The criminal charge that is pending is misdemeanor- shoplifting. It sounds to me that no adjudication decision can be made with a pending charge, at least for DOD positions. Correct?
What you have stated is correct, however, if the agency that is submitting the investigation feels the charge has a direct nexus to the position they may request additional information up front about the incident or delay until the charge is resolved.
Make sure you are upfront and reveal the pending charges. I know my company will not hire a person for housekeeping if fired for theft from previous housekeeping position. If your job gives you access to temptations…I can see them not wanting you in that position. I’m not declaring you guilty, just explaining the logic. If this is erroneous and you plan to fight it it may keep you out of certain jobs until you get it cleared. I have heard of overly aggressive store detectives pursuing shoplifting charges before a person exits the store or registers. In those cases I too would fight it.