I went to prison for something that happened a decade ago.

SECURITY CLEARANCE Q&A
#1

I recently went to prison for something that happened 12 years ago when I was 22 years old. It was mortgage fraud (I brought investment property as a second home) - I was told it was ok by a licensed broker and real estate lawyers). I referred my friends to the developer and I was charged with wire fraud for being a recruiter.

It was in 2006, I was 22 and was in way over my head. I was indicted in 2010. I subsequently went to college and obtained a bachelor’s and master’s degree, had a stellar career, and did years of volunteer work, but unfortunately due to the vastness of the case, ended up receiving a two year sentence at age 32 (10 years later at the end of 2015). I did 19 months in federal Prison and have been out since July 2017.

Finding work has been terrible, but I have a strong resume and education. I was recently headhunted and offered a position with a need to obtain a security clearance.

My oldest brother has a high clearance. He encouraged me to go ahead and go for it, and to make sure I put him down to speak to.

After reviewing the SF86, this will be the only area Section J, I will have any issues. How would it look because I would really love this opportunity to get back into my life.

#2

It’s an unusual juxtaposition . . . Crime (even if you were unaware) 12 years ago and recent jail time . . .

There are others here who might be able to give you better information but I am certain that I would continue the process if I were you.

#3

I think that is what hurt me the most besides the felony charge. Going to prison 10 years later. The judge even was apologetic, as he stated so after saying for deterrence purposes he was giving me two years. the offense date is 11/27/2006 and the conviction date is literally 11/20/2015. I have been hired by a Fortune 50 since being out, but its a low position/very low pay and not doing anything with my skill set in IT and project management or utilizing my Master’s Degree.

I had been headhunted literally almost 100 times in the private sector, and as soon as I mention a recent 7 year felony, they never contact me again…

The ban the box rule literally allowed me to interview successfully. and tomorrow I am supposed to have my 3rd interview (group interview) with the project team I will be assigned to. I was sent the benefits package this morning so I think its just a formality tomorrow; its just worrisome about the crime, I have numerous mitigating factors that can apply to this situation, it just will seem recent due to the conviction date.

Its literally the only “criminal” blip on my radar in my 34 years… its just a big blip. I have 2 immediate family members with Top level+ clearances, not to mention my dad had one for 30 years and a friend I just two weeks ago did a background investigation for with OPM, Hopefully, they will give me a great chance to explain.

#4

You will have the chance to explain what happened. The Agency/adjudicator will determine how significant the timeline will be in your case.

While your brother is a good lead, non-family members familiar with the case are always better sources to provide your investigator.

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#5

I would consider using the judge. Establish contact, tell him how you understand the charge and conviction, sentencing etc. Explain you have paid a price and are trying to get it behind you. Earning the education in the interim between doing something foolish and getting sentenced speaks to your efforts at reform and in and of itself is a mitigation. But the judge who sentenced you could really explain the technicalities of the sentencing. Get him in your corner…and you have a powerful reference for mitigation purposes. IMHO. I find judges really enjoy hearing how folks turn things around.

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#6

I, as i thought, was offered the position today. Its contingent on background check and then obtaining the security clearance. I signed the background form today.

Hopefully they will allow me to clear that hurdle and proceed to the sf86.

@amberbunny I took your advice and reached out to the sentencing judges court clerk via email. Maybe I will get a response.

Praying to make it through both steps and start life again.

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#8

Thank you all. I started today. And I can say my heart has been racing.

They want me to get a cac badge for base access (I read that any felony within last 10 years is an automatic denial). I was indicted in 2010, it happened in 2006/2007. I don’t know whether just to tell them up front that I can’t get one or go through the motions.

It’s an embarrassing situation to say the least especially on the first day.

I was told I get two weeks to fill out the eqip.

One of the questions is your address for the last 5- 7 years (I made payments while I was in prison) I technically have had the same address. But for the 18 months I did fed time I wasn’t living there obviously. What do I put there???

#9

Should I sit down with fso/hr explain my indictment from 2010? And is it private?

I personally wouldn’t want coworkers etc to know about it until they get to know me and I can explain it myself.

#10

Hello,

Just wanted to add one thing that wasn’t mentioned on here. Look into the Bond Amendment (previously known as the Smith Amendment). As far as I am aware, anyone who has been convicted of a crime and served over a year in prison for that crime is ineligible to hold a clearance. I am not sure if this rule is a hard rule with no exceptions, but the amendment doesn’t really allow for different interpretations.

Good luck!

#12

@Investigator I was told that a felony only excludes you from holding an sci level clearance and above.

TS and Secret clearances can be denied for issues regarding a criminal background, but adjudication for issues such as length of time, remediation, and issues/specifics surrounding the issue can be used to overcome this burden.

#13

In reading the form it mentions splitting time between residences, so I will put my apartment as my 7 year address and then add the prison address as a separate entry for those 18 months from 2016- mid 2017, problem solved

Grrrr… I just saw civil actions go back 10 years. I was sued back in aug 2008 by contractors and losing my house back in 2010 through a foreclosure/eviction lawsuit (its all related to trying to pay the lawyer and dealing with fallout of credit drying up back in 2007/2008) it’s all really ties together. Now I have to go find that information.

I’m being honest! hopefully my fso and investigator don’t run me out the building

#14

@Investigator, Bonds Amendment does not prohibit a convicted criminal who was served more than a year in prison from granting or renewing security clearance. It is only prohibits those individuals from seeking and having special access. However, I believe this can be waived in meritorious ground which only adjudicator (usually senior adjudicator) can grant the waiver. The Bonds Amendment does, however, explicitly prohibits clearance eligibility for those who are currently using illegal drugs or abusing drugs.

#15

I was told by other that putting things in background older than 7 years would be good for transparency purposes, because the BI will see it anyway. In anyone’s view does that matter? My real only issue is the prison sentence/felony. I had some debts that came up in 2010 that resulted in civil suits that I’ve put in my SF86. And the bankruptcy fell off my record last month. I can add the bk, but it is outside the 7 year window.

Is there any benefit to not taking the whole 15 days to complete? I have about 14 days left as of today to finish it.

How should you put a business you started but never made any money? Is that technically self employment or is that an unemployed period?

#16

A business, even if it made no money, is self-employment.

The only reason to take the entire time, is if you need the entire time. Submit it when you are finished.

Normally, there is no need to answer a “seven year question” with info that is older. In your case though, the prison sentence will come up during the residency section. You will have to address the what you were sentenced for in any case, even though it was MORE than seven years ago.

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#17

I think everyone should stop giving this guy advice. It seems he is shopping for ways to get around HONESTY and INTEGRITY issues. But that is MY OPINION

#18

That exactly is your opinion. I don’t mind disclosing what they ask I just want to make sure I do it the right way.

In prison you can’t run a business but you can have input. I consulted and did some work but obviously didn’t make any money due to my situation and it being a start up.

I taught GED while I was in prison. I was given a job and The department of justice paid me for it. Technically I worked for them.

I don’t think putting department of justice on my resume for that 18 months is right or consulting on my start up was employment either. So I asked a question.

On my resume I don’t account for that 18 months at all. I just put relevant experience and as I’ve been employed since my release it hasn’t been an issue.

#19

BS I worked for the BOP many years ago. EVERY INMATE has a job. You either clean the dorm or work in UNICOR. So you get PAID like every other Convict. Whether it is Education or UNICOR. Don’t blow smoke up my butt. Yo did NOT work for the BOP. You were fulfilling your Prison Sentence and to make the time go faster you worked. You either Work or go to the Cell House. Yeah ya picked the wrong guy to run that BS story to.

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#20