Failure to file, Drug Use all 10+ years ago


#1

Applying for SECRET clearance thru my job. (IT/HEALTH RELATED) I’ve held this job for 8 years now. Just now they are asking me to apply for clearance to support IT functions that require it.

Did not file taxes for FEDs in 2004 - 2007.
Used drugs (was arrested in 2004)
Possession of Fake ID in 2002
Used drug (not arrested) but did encounter police in 2009.

I was diagnosed under severe depression in 2005 which explicitly laid out the causes of all my actions due to the depression brought on by a divorce that drug on for 12 years. (refiling, visitation, support changes, and for the heck she just loves going to court) I have a medical letter that spells it out from the psychiatrist.

Will any of these disqual me for SECRET clearance application now?

I’d rather not apply than to have my company find out I was less than stellar even tho its almost 15 years ago.

I know the background goes back 5 years someone said - but I also heard they still pull out the fact you didnt file your taxes 20 years ago. So Im confused.


#2

Is the tax issue presently fixed?


#3

First of all, be very careful when filling out the SF-86 and look for the questions that say “Have you EVER?” Even though the investigation only goes back five years there are some questions that address your entire history. If you are using eQIP, get a copy of the SF-86 online (make sure its the most recent one) and search for the string “have you ever.”

When you encountered the police in 2009, did they get your name and address and what not? Even if you were not arrested, it might have been reported. Or just because you didnt think you were arrested, they might have put it down as an arrest. I don’t know. Let’s see what others say, but you may want to put this down just the same.

Failure to file is a problem and they will also want to know if you currently owe any taxes. But the IRS doesnt keep records that far back. Not sure how that one will play out. Again, check carefully to see if this falls under a “Have you EVER” question.

The fact that all these incidents took place a long time ago is in your favor. Sounds like you haven’t had any incidents while in your current job and that’s a big plus. But don’t screw it up but not listing the police-involved drug incident. And the tax thing is a bit of a wild card. Hope others will offer some additional info here.


#4

WHY didn’t you file taxes? Did you eventually file? Do you have records going back that far? Do you think that you would have been owed money? Or would have received a refund for those years.

I know of a case, a reinvestigation, where no federal taxes were filed for 10 years. The applicant retained their clearance.

I suspect that the criminal behavior is more important.


#5

Negative.
If I went strictly by what the IRS has (1099’s) as I do not have canceled checks/invoices to write off - I’d be screwed into the next dimension.

Based on some online research -

"The good news is that the IRS does not require you to go back 20 years, or even 10 years, on your unfiled tax returns.

In most cases, the IRS requires you to go back and file your last six years of tax returns to get in their good graces. And then, to make arrangements on payment of what is owed.

The six year enforcement period for delinquent returns is found in IRS Policy Statement 5-133 and Internal Revenue Manual 1.2.14.1.18."

Based on that - Im not going to go back 20 years to file those returns. I have been up-to-date and filed on time for the last decade however.


#6

I just glanced at sf-86 and it appears that as long as the tax issue is 7+ years old you don’t need to report.


#7

Honestly JStryker the unfilled or failure to file taxes will be an issue. It doesn’t matter how long or per what the IRS guidelines are. In the eyes of the govt they will want to know why you have not filed and what your actions will be to get these taxes taken care of. Just liked charged off accounts even thought the creditor writes it off on their end but ultimately you are still responsible for this debt.


#8

Sounds reasonable, there is your answer.


#9

There is a misconception about time frames here.

First of all, the “5 year” investigation rule is not true. This is obviously started by folks with just enough knowledge about the BI process to cause harm. This is a common myth and I have to deal with upset Subject’s because of this myth. Issues and areas of concern will go back as far as they are needed to be resolved - this depends on the issue/behavior (hence the “ever” questions for example.)

Also, the IRS does keep records for more than 7 years. This is another ‘just enough knowledge to be wrong’ myth. The IRS is not allowed to audit you after 7 years for non-criminal or non-fraudulent returns. There is no time limit for falsification or criminal investigation.

Not paying your taxes is a “big thing” in the BI process. Being dishonest (i.e. hiding the failure to properly file your taxes) about the issue is an even “bigger thing”.


#10

I beg to differ. Go to their web site and try to download your tax records from more than a few years back; you can’t. I had some questions about old returns I filed late and by some miracle I still had some correspondence in my “files” (and I use the term loosely). But in terms of what I could download off the IRS web site, it really only goes back about five years, and full records are only available for three years.

Maybe investigators can get access to older records… BUT THEY WHY DO THEY ASK US FOR THEM???


#11

Let us know if you get your clearance or not. I am curious to find out your outcome.


#12

First hit off Google from Turbo Tax:
If you’ve under-reported income by 25 percent, however, the IRS can go six years back, or seven if you claim a loss for bad debt or worthless securities. If you don’t file, or if you file a fraudulent return, the IRS has no statute of limitations; so it may be best to keep your records indefinitely.
How Long Do Federal and State Tax Returns Need to Be Kept …
https://turbotax.intuit.com/tax-tips/tax...and...long-do...tax-returns.../L43GK2Wcs