How to mitigate misconduct in employment and personal conduct?


#1

Please advice for mitigate misconduct in employment and personal conduct. Investigator didn’t ask question about family arrested during interview. How to justify regarding family arrested on Statement of reasons?


#2

There is a reference book that is available online, Adjudicative Desk Reference. Nonetheless, if you received SOR for something like this, I would advise you to contact a security clearance attorney as the attorney will better assist you. Most security clearance attorneys do offer free consultation.


#3

Why was your family arrested? You got a SOR specifically for your Family being arrested and that’s it?


#4

My close family member was arrested in 2013. There was no any questions regarding family arrested on security form SF-86 and investigators didn’t ask me during interview regarding family arrested. So, I didn’t disclose during interview. In SOR, they stated why I didn’t disclose during interview. I don’t know how I can mitigate this issue.


#5

Read the SOR carefully so you know what exactly is the concern. If there was no requirement to report it then that is not the concern. Under Guideline E: Personal Conduct this is a concern:
Association with Persons Involved in Criminal Activity
Special circumstances may apply if the criminal is a family member such as a brother, father, or son.


#6

But if there is no question on the SF-86/eQIP about family members with criminal history, how can this person be denied for not disclosing it?

I don’t know the new SF-86 by heart but I don’t recall there being such a question…?

So I just did a search of the SF-86 for ‘criminal,’ ‘family,’ and ‘association.’ I could not find any question that asked about association with persons involved in criminal activity. However, there was some verbiage in the instructions that criminal checks “MAY” be run on your family members.

Hopefully the applicant will be able to mitigate this with a good response to the SOR.


#7

Hence, I told him to make sure he knew exactly what the concern was in the SOR.


#8

That is peculiar, but I think Marko is on the right track. I have been able to clear people with substantial convicted, incarcerated family members. But it is possible a very close association with a serious felon where one cannot reasonably claim no knowledge of their deeds…think large quantities of drugs distributed from the living room of the apartment you share with mom and dad. You kind of are aware of what is happening. But I think a decent clearance lawyer would be best to navigate this as there is no obvious question speaking to it. Did the investigator scope and ask about family and the person denied knowledge, later proved untrue…unknown. Broken record on over report vice under report, but I personally would have spoke to family members involved in serious crime. I would want to make clear I am not conducting my life in that manner.

You ask about misconduct in employment and personal conduct but go on to ask about family arrests. Sounds like you may want to believe the denial comes from family member issues but you avoid the employment misconduct aspect. Are you confused on what they are questioning? I have had a few employees insist they were never written up at work, yet there are signed counselings in their employee file. It doesn’t matter if you believe you were in the right or wrong…what matters is that you speak to being written up. You are acknowledging they will find something and it is an honesty/ethics/integrity check. Simply tell them I was wrongly accused of something and was counseled for XXX. Otherwise you have a lack of candor and that is hard to defeat.


#9

Good point… I missed that part