I’m pending adjudication for a T5 which is performed in-house by my agency. I received a copy of my Testimonials. My bitter ex-wife lambasted me with unfounded accusations she raised during the 2017 divorce, ie: adultery, verbal abuse, calling her names, claimed i was fired from a job but I wasn’t, etc. Divorce granted on 1 year of separation. The investigator asked me about this and I clarified, yet in the report, my response was not captures accurately. My ex unstable and she just lost custody of our son to me, so i can see why she would trash me. They interviewed her during our custody fight and we are not on good terms at all. Should i go to my FSO and provide a copy of my divorce decree and recent child custody tu showing the actual grounds for divorce and the intent for my ex to trash me? I have never been denied a clearance, but yet i’ve never had anyone had me as much
Second, I was asked to go back 10 years and the investigator brought up dismissed and nolle process charges from 1995-1999 all which were not listed on my SF86 due to the age. None of these were ever brought up during prior interviews during previous PRs. Why would this come up now?
Did your Ex bring these charges up? Was there a reason that you had submitted a FOIA request to get a copy of your investigation? How long have you been in adjudication? At this point it seems like it would be best to allow the decision to be made and then if it is not favorable present the evidence.
Adjudications will take the ex-wife’s testimony with a grain of salt. If none of her allegations are substantiated, I wouldn’t lose any sleep.
The old charges being discussed is not out of the norm. Information found in an investigation, even if not required to be listed on the SF-86, can and will be discussed.
I keep a running copy of my background checks when complete for my record. No specific reason. No my Ex did not bring up the charges, but she made inaccurate statements about being terminated from prior jobs which never happen. I did fully disclose the grounds of divorce, the bitter nature of my current relationship with my ex but my comments didn’t seem to make it in the report. my divorce was on 1 yr of separation, but the report reads as if the investigator seemed to read the complaint as the divorce disposition, meaning the grounds were on 1 yr of separation and irreconcilable difference, vs adultery and emotional abuse.
What can I do if the investigators report is not accurate and the details are not correct? For example, the investigator surmised the divorce complaint and not the actual disposition of the divorce. Meaning the ex-wifes claims and not was was actually the facts of the case after depositions and interrogatories… Is this fair?
We report whatever is in the record at the time of the review. Including claims, allegations, accusations, suppositions, conjecture, rumor, you get the point.
Some investigators would view what your ex said as the record. If getting copies of the info you had was difficult they would just move on and thus put it on you to provide the complete record.
I’ve seen this with charges where getting a disposition requires going to a court house in person to get a copy of a record. The investigator isn’t going to do that in some cases and thus it’s on you to get that done.
Any allegation of employment misconduct within scope will require follow-up, which means we are looking to corroborate or refute these allegations. The employment record and your supervisor’s and co-worker’s testimony will hold more weight regarding your work performance. If the employment misconduct issues occurred out of scope, then they may not require follow-up, but the issue seriousness would be downgraded anyways, so it would likely have little effect on your investigation.
As for arrests out of scope, if you were not required to list it, then it won’t create an honesty issue, and it is likely so old that it will have little to no bearing on your adjudication. Sometimes we are required to discuss issues out of scope that you were not required to list. If you are discussing a charge that is over 20 years old and did not involve felony level stuff, then I wouldn’t lose sleep over it.
Using the what the ex said as the record will get an investigator in a federal prison for falsification. The record is obtain (or not obtained if there is a specific reason the record is not available) by the investigator. We don’t ask any Subject for records that can be obtained directly from a court. About the only time a Subject is asked for a “record” is to corroborate financial issue the Subject disagrees with on the credit report
A record is a record testimony. A personal testimony is a personal testimony. There is no such legal beast as a personal testimony record.
Lawyers and Legalese would disagree. Legally, the disposition is on the grounds the divorce was granted. No just that a divorce decree was entered. You cannot have a divorce unless there is a causality and result of why the divorce is granted…
I’m guessing that the original poster means that his former spouse is the one who filed for divorce, and her petition includes false allegations about the OP’s conduct, thus her personal unsubstantiated claims are in the record. When the investigator reported the record on file at the courthouse, he included those claims - as he should. It’s no different than any other civil lawsuit where the moving party files first and can say whatever they want.
Sucks for the OP, but I assume that during his legal proceedings he filed a reply denying his wife’s claims. I expect that an adjudicator would take that into account. It’s unlikely (but possible) that the judge ruled on the veracity of the ex-wife’s claims. It’s more likely that the disposition just concerns custody and assets and stuff.
OP, I don’t know if it’s possible, but if you never filed a reply in your divorce case explicitly denying the allegations made against you, you should do so.
Interesting - and unfortunate - situation. Best of luck.
My investigator didn’t ask for records either. Just asked for my side of the story and the name of the courthouse. Said he would personally go and obtain whatever records he needed. And rightly so. If I were an investigator I wouldn’t use a subject’s personal copy as the official record for my report.
He then spoke to my ex. I don’t know and I don’t care what she told him. He has the official court record.
Your spot on and great rely. I did file a response and those responses never made it into the final report. Also the judge did rule on the grounds of divorce She filed on grounds of adults. The judge ruled the grounds of 1 year separation and not adultery But that did stop the ex from still pushing her unsubstantiated story to the BI. So my question was should I send the FSO a copy of the divorce record? This was the only negative item in my report.
I’m listening and certainly did not say, or imply I know everything. More Kind of like. “ Another narrow minded investigator who can’t see part their own thought. And thinks they know everything. How Fun”.
To clarify a court disposition. You may want to google it. Disposition . … The final settlement of a matter and, with reference to decisions announced by a court , a judge’s ruling is commonly referred to as disposition , regardless of level of resolution.
Resolution being a divorce in a matter and a decision being on the ground of divorce being the disposition.
