My former employer made some defamatory, untrue statements about my health to the clearance investigator. I heard this from the investigator when they interviewed me after.
I’m trying to see about getting a copy of the investigative report. I spoke to a lawyer who said I may have a case if I can get a written copy of the report showing my employer made those statements.
Once my investigation is complete and I submit the form, how long does it take to get a copy of the full investigative report?
Will the report have the info the investigator told me my former employer said, or is it potentially going to be taken out for some reason?
Depends on the agency you submit your request to.
Some agencies will not give you a copy of the ROI even if you ask for it. FOIA can be damned, they say.
The investigator told me to go to this DCSA website linked here to get a copy of my investigation records.
FOI/P Program Overview
Does this mean my clearance is being adjudicated by DCSA? Any idea on if DCSA is one of those agencies that does give out copies of the ROI?
I received a copy of my investigation via FOIA request which I think was initiated via the OPM.gov website.
There are several locations that complete clearance adjudication - mostly it depends on agency agreement between the job location and adjudication facility. The DOD CAF is housed within DCSA which probably takes on most adjudication situations, however higher level positions could be adjudicated by the FBI; etc…
Generally FOIA requests funnel through the National Archives (I believe). I’m fairly certain you will not be able to directly contact DCSA for ROI info.
It took about 6 months to get my copy via FOIA and it was heavily redacted.
It may be a better option to subpoena the investigation file. Contact the security management office to find out which agency investigations are sent to for adjudication. Once you know that info, visit that website and research how to obtain records or file copies.
Thanks. How did you know it was redacted? Did you have any luck in getting the non-redacted version?
Regarding them dropping applicants, do you mean dropping them from the security clearance process or from the process of applying to get their records? I just said I wanted to see the records of all the conversations they had had about me with third parties.
This may be a question for a lawyer, but can I subpoena something if my legal claim is not at the court stage but just at the demand letter stage?
The report arrived redacted. That’s the only way it’s received via FOIA requests, that I’m aware of. Redaction protects source information, PII and otherwise sensitive details. I suppose it’s possible info obtained by way of subpoena could be of better use but I have no experience with that method.
Industry positions are tricky when it comes to security clearances. Investigations are expensive, take a long time and in some cases positions can have many more clearance qualified candidates w/no issues to move on to.
Your best bet would be to obtain legal advice from an employment lawyer.
Keep in mind, you have to have a court case in order to subpoena and cause for the subpoena. Are you ready to sue the government or agency?