Felony and security clearance

This is my first time with the federal employment process. Just want some opinions/advice.

May 24: Tentative Job offer. Final offer to be extended after passing pre-screening for security clearance (secret) and signing term appt letter.
May 31: Asked to provide more info about derogatory info on the OF306 (answered yes to the question involving being on probation). Provided charge details, probation details etc. HR said they were sending it to the suitability team for review/approval.
June 11: Final Job Offer extended, start date given.

I have been in contact with my POC. I have disclosed on both the OF306 and I recently finished SF 86 (my name is spelled wrong so I have to talk to my POC tomorrow about that then will submit) that I do have a felony charge on my record. Incident occurred in 2009 (theft), pleaded guilty in 2011. Probation from 2011-2013.

Basically, I’m just really nervous. I was extremely honest in both forms and did my best to show that since 2009 I have held steady jobs, no trouble, and received my bachelors. My POC welcomed me to the team. He said to let him know when I completed my SF 86 so he can review it before submitting.

I keep thinking that if there was going to be an issue with the felony, something would have already came up? My start date is June 24.

Considering the actual event is approximately 10 years old, you have significant proof of learning your lesson, improving your life, I would say it isn’t going to be a problem, even though probation ended in 2013, roughly 6 years prior. You MAY not be able to get an interim clearance. I would ask the company to see if there is a position not currently requiring the interim until you are cleared that is available. If they want you, they will allow that. They just cannot use you on classified projects until cleared. I think you are okay based purely on time passed.

considering i have a felony for wire fraud (accidental mortgage fraud). The government and their position with contractors has been, rightfully so, that a felony should be position related, and not an act of violence, before extending a position. I too, had the same situation you had. I wasn’t extended an interim, I had my interview back in November, but like you I was 22 at the time, I’m 35 now, and earned a few degrees and have had stellar job performance, and currently on supervised release. so far so good. I know its stressful, I deal with stress about it everyday until I get a clear, but get in there and show them you are an asset.

I’m working non-cleared work myself.

I don’t know if your charge is federal, mine is,or what state you are in, but if they pass the clean slate bills, it will seal our records and allow us to expunge our felonies after 5 years. It will open many doors for us.

Good luck and keep us informed.

It is a state felony. Thanks for the reply, I’ll post what happens!

Thank you for the reply! I go in to get fingerprinted tomorrow. My POC emailed me today saying I had to fix 1 thing on the clearance, to put them as my employer in section 13A. This opportunity is a dream come true for me. I will ask about other positions if available once I start. How soon does an interim usually take?

I was denied access to the base today, because of my background. POC said he would see what he could do and email me or call me back. Feeling pretty down right now.

They likely made a suitability decision based on what they could see or the interim was denied. If that is the case you don’t get a statement of reason. It is an administrative decision and hard to challenge. Technically if your life is pretty much together since probation ended, it isn’t a showstopper. But a company can reverse course and simply decide they don’t want to take the chance. A previous poster mentioned getting a record expunged, but you would still need reveal that felony.

any felony (violent or not) within the last 10 years will prevent you from going on base.Your guilty plea is when the clock started…

You wont get solo access or a cac card until you are adjudicated or you file an appeal with base commander, and that is an uphill battle, that I will say probably won’t happen.

If you are favorably adjudicated, that overrides the issue you had today. As long as you aren’t a civilian working on base, your company might be willing to work with you. You would have to piggy back with a person with a military ID, who basically takes responsibility for anyone in the car… CAC cards are for the individual only.

amber when guest try to get on base they are ran through NACI. due to it being a state felony, and when he filled out the form to be ran through the background check it popped up. the base has its own suitability denial that anyone with ANY felony be prevented from gaining access to the base. this is due to all the violent incidents that occurred circa 2014.

The process is for your company to file an appeal with the base commander and they review the facts of the case at an appeal board, and that takes months, and more than likely will be denied, because they use the “you don’t have anybody else at your company, that can do the job?”

being adjudicated basically is a thumbs up from NBIB, which is more intensive and investigative. that’s the “easiest” way to earn your way on base and get a CAC or wait until the 10 years from conviction to apply for access.

Yes. And this is the process I have to go through. I was told today, after base denial, that someone from the employer was going to bat for me with the CO. I was asked to write a statement, similar to the ones I’ve already write in the OF306 and SF86. Because of this, my start date will be pushed back to 07/22. I was told that the employer thinks I deserve a chance. It’s a long shot and I have to go through hoops but I’m still going to go through the process and see what happens. I’ve got nothing to lose, and thankfully my current job is working with me. thank you both for the replies!

1 Like

Its unfortunate, but understandable the impact the word “felony” has. People auto assume it means violence, drugs, death, murder, mayhem…sometimes it is merely a technical term. It is and will likely always be a felony, but as the law explains there are different degrees of a felony, and time does mitigate a lot. How you lived your life in the interim is also a good indicator of overcoming foolish youthful behavior that is often reckless, without regard for our future selves. Living in the cleared world however, means ALWAYS keeping an eye on the future implications of everything we do.

I too work on a government compound. Our contractors get checked every 6 months, base employees are all cleared. If your company is savvy, they will meet with their Contract Officer or Technical Representative. A smooth CO can smooth the conversation over the hump regarding the “auto no” on ANY felony conviction. The company does need stand up and state you are THE guy for this job and they stand behind you. If the commander relents, and you never pop up on their radar. you are good to go…I wish you well. I do understand the commander being extra “scrutinous” if they are thinking about the VA beach shooter or the Navy Yard. But a non violent event, and being cleared means…you have overcome this in your life and you are trusted with information that could damage the government. How you handle this trust is in your hands…if someone gives you the chance. Keep us posted.

Just an update. The CO approved my request for access to base and my start date is Monday. I went in last week and was able to get on base for fingerprinting. Not sure how the CAC process works from here.

2 Likes

That’s great to hear man. My company basically told me to wait until adjudication is done before I attempt the CAC.

one hurdle down. You probably won’t get the interim, but I think you should be able to adjudicate with it being so old.

Good luck.

Outstanding! Thanks for sharing! Once you get printed, if it is done on the base you likely get the CAC card then and there. Otherwise they must freshly sponsor you each time you enter, and likely even must escort you. Be sure to bring that up when you report in for printing. They may think you already have access. A lot of retired military take post active duty jobs like that and can get on most places with a retired ID. I had a boss tell me if I was entering for work, I must show the CAC, if entering for the BX…show my retired ID. I showed whatever ID was closest to my fingertips when I got to the gate.

They do them on base. But since I was cleared to be on base I should be ok to get a CAC issued?

Sounds like it. Just be clear you need escorted or you require a ride in a car with a person having escort privileges. It will be 100% hands on ID check at the gate. If they are in heightened security posture it can require a written visitor badge or pass. Once you get the the CAC, that is your ID to get on the base.

My interim was declared favorable and I was able to get my CAC a week and a half after I started.

My job is going really well, I have all of the accesses I need and have been doing work on my own for a little over a month now. I just got a call yesterday from the investigator doing my clearance and she set up a meeting with me. Do you have any advice regarding the meeting or how to prepare?

1 Like

I would say it would come up. do yourself a favor and if you are still on good terms with probation officer, get them to write a letter of you being above board during your probation period.

You are in a good position with your interim being approved. it means its probably far enough behind you, and minor enough, that it didn’t warrant you to need to wait until adjudication on your full credential.

Just have candor/contrition for the issue and continue moving forward.

When I met with my investigator, we talked about my felony, and it wasn’t as painful as I thought it was going to be. After we discussed at a fairly good length, he asked if I saw it happening again, I said no, and we moved on.

Good luck with your interview

1 Like

Outstanding and superb input by needhelp. Be frank, don’t sugar coat and when appropriate, display remorse. Present it as the courts captured it so it mirrors what they find in their own research.

1 Like