When local agency checks are conducted (and public records checked), is this inquiry only for criminal history or any contact with police?
I suffered a serious sexual assault and filed a police report. I realize being a victim shouldn’t make me a security risk, but I really do not enjoy the idea of the background investigator reading about the worst night of my life—it’s humiliating and hardly reflects positively for me. Frankly, someone with a more victim-blaming mindset could probably use the facts as evidence of poor judgment (not saying that’s right or fair).
There hasn’t been any litigation or arrest (and likely will never be, because prosecutors rarely take these cases) but there would be at least a case number and my initial statement. It happened outside the US so the police where I reside are supposed to be taking my formal statement on behalf of the police in the incident location—so there’s probably a lot of paperwork about that.
I am wondering, when these checks are done:
Will only criminal history be queried or anything associated with my name? Is whatever is disclosed at the discretion of the local agency? I assume the government will contact police abroad if you lived there.
Will all the details of the report be disclosed to the investigator/would they request them? This is the part that really distresses me.
I don’t think this is strictly reportable on the SF-86 but that’s moot if the investigator will read it anyway.
It depends on which country this happened in and how long you were in that country for.
On Page 7 - Section 11 “Where You Have Lived,” there is the following instruction: You are not required to list temporary locations of less than 90 days that did not serve as your permanent or mailing address.
The investigators will TRY to get police records from everywhere that you lived for 90 days or more within the past seven years (for Secret clearance) and 10 years (for Top Secret clearance). Some countries are more willing to share police records with U.S. investigators than others.
If you filed your police report while on a vacation in some country where you visited for less than 90 days, then do not report this on your SF86 and do not tell the investigators. They will never look into it and will never find out about it.
If you filed your police report while living or visiting in some country where you visited for 90 days or more, then go ahead and report on your SF86 and tell investigators it to be safe. Truth is, the investigators may or may not be able to dig this up depending on the country; but in the case that they can, since there is a record of it, you want to be safe and report. If your police report is in Canada, then investigators will probably find it. If your police report is in some African or Middle East country, investigators will probably not find it.
I can’t believe I have to say this more than once in a single day, but do not listen to Larry the Cable Guy.
Yes, checks will be done in every city/state you lived, went to school in, or worked in the US. USUALLY, records where you are the victim are not discussed, but it’s still possible. Investigators request any and all records from a law enforcement agency that exist. Some agencies only provide criminal records, and some agencies provide details about every time a police officer asked you to move your pet dog off a sidewalk for no reason. We don’t know, but we are required to discuss whatever they give us (CACI at least - I have seen other vendors not care at all).
The background investigator will be very professional and will be looking for facts only, if it’s discussed at all. No one is trying to hurt or humiliate you. We need facts - date of incident, general description of what happened (legit bare bones if you were the victim) and outcome for YOU, not what happened to the perpetrator. We are not investigating anyone but you, and it will be noted in the ROI that you are the victim. It may be painful, but the investigator is not looking to dig up terrible memories for you. Just come prepared with a case number, date of incident, etc. if you are asked.
That being said, if you weren’t charged with anything ever, you would not be required to list it. My only point was to prepare you for the possibly of having to discuss it on the off chance it did come up in a routine law check or if a source mentioned it.
As an investigator, I do feel bad when I have to confront subjects with things that were not required to be listed, but were developed. Just remember, we are humans too, we aren’t trying to hurt you, and we are in the business of objective reporting.
If I am understanding correctly, the incident occurred outside the US, but your formal statement was made within the US.
So, again Larry is providing inaccurate information. If you were not charged with anything, as TE stated, you will not be required to list it on the SF86. If the statement/report is provided during a routine law check (again I defer to TE, their information is correct, some agencies provide all reports, some only provide reports where you are the charged individual) you may be asked about it, and the investigator is not judging you. We have seen it all, and I know personally, I am as compassionate as possible, while still obtaining the required information.
Investigators will also ask about gaps in residences. So yes, while you are not required to list a temporary residence of 90 days or less, if there is a gap in the dates of where you lived you will be asked about it. Lastly, if there is an obvious location discrepancy (you list your residence as being in NC, but list a job location as being in NY) the investigator will inquire about that.
Thank you, I really appreciate it. Can I ask, would the police officer investigating my complaint be a reportable foreign contact? (I don’t know their nationality for certain but they are probably not American since they are from the abroad location.) There is definitely no closeness and I guess the contact is only continuing insofar as we exchanged a few emails, but I assume if I list the person my report will be followed up on?
No. Your contact with him is through official and routine law enforcement business. You would not need to report that officer if your only contact with him has been though this incident.
Thank you. Can I also ask, would the local agency check indeed also go to police outside the US? The local police are in another western country so I’m sure it wouldn’t be hard to reach them but I was also under the impression the US government doesn’t want foreign governments (it would be the city police or maybe also the national police system, I’m not sure where they keep victim information) to know if people are being investigated for clearances.
Oh, interesting. I guess that’s why they have the forms where US-based people are supposed to verify activities abroad? I think the local police said they were coordinating with interpol to have my statement collected in DC so maybe there will be a record there? Realize you can’t necessarily know, this is a specific situation.
Didn’t mean to sound like i was Fedsplaining… contractors don’t get the pleasure of having to try and interview OCONUS sources via VTC at o’dark 30 while having to also work their local work load.
Still, I wouldn’t return to contract investigations for any reason.
haha, no worries. I have a former colleague who went feddie and I had forgotten that she got overseas interviews. She says the same, she’d never go back to contractor!
I don’t know about the company you’re at but CACI has us send an F50 case message when overseas coverage is needed. That’s how I knew at least some coverage beyond the Interpol check was done in certain circumstances. Now how many of those case messages actually get sent to the field for coverage, I have no idea.
I get those cases at times. Recently, I had a TESI where the Subject was only overseas for less than 90 days and had returned from that location by the time i was assigned the case. I then had to return the TESI for the contractor, CACI, to complete.
This is another reason some cases take so long in the field.
The amount of time wasted we all spend chasing our tails is ridiculous. It’s crazy when we know that something is going to cause unnecessary time or lead to nothing but we are instructed to do it anyway. Again, real results is not the goal, just checking boxes!