Misdemeanor and BI

I applied for an office position with CBP where there is a critical need, but they said I do not qualify for provisional. Is this a bad sign? I do have 1 criminal issue was a misdemeanor 5 years ago exhibition of speed but when from dui to 23109(C) [Vehicle Code Nolo Contendere exhibition of speed. this was a checkpoint i went through and the officer asked if i had any alcohol so that entire experience was not to be revisited. Since I’ve expunged, no other issues, and I have been transparent of on my eqip. I am wondering will that jeopardize my tentative offer and what has been the process time frame I’ve not yet been contacted by any investigator.

This is probably better set up in the Clearances section post but anyways a provisional, or interim clearance, is issued at the discretion of the appointing / hiring agency. There’s basic checks that are automatically sent in when you get fingerprinted and apply for the clearance. For example, a lot of interim “Secret” clearances are given because the criteria regarding criminal conduct is less stringent than a Top Secret (TS). What happened is their interim check of your background raised an “issue”, as in they either saw where you admitted to the charge or your fingerprints / law check popped. It’s not necessarily bad but the government wants more details. The investigation will continue and adjudications makes the final call but if anything have the investigation continue is good because, when contacted, you have the opportunity to offer a rebuttal for any information found and show the investigator mitigating factors since your last criminal activity. It’s not the answer you wanted but just hang in there, it’s better to be thoroughly investigated and be honest to get your fair shake at it.

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Most CBP have transitioned to Secret or Top-Secret clearances. I am guessing yours is a Top-Secret. So for certain positions, there are additional suitability factors taken into consideration. Prime example, for me to become an investigator my Top-Secret clearance investigation had special consideration codes to make sure I was of sound character to not only get the TS clearance but that I would be a suitable federal investigator.

For the CBP cases I have worked, there are special access codes for a lot of the law enforcement positions that require extra case work and questioning we ask. An office job, while important, will most likely be that top-secret but won’t have special access codes.

For example, lets say I am conducting a background investigation into John and Mary.
John and Mary both were arrested for DUI last year. Since then, John and Mary have both had no further alcohol related incidents nor adverse interactions with law enforcement. John is applying to be an analyst that requires a TS clearance but Mary is applying for a criminal investigators position. John gets his clearance but Mary does not. In the interest of national security adjudicative guidelines, Mary and John are eligible for the clearance, however Mary’s actions have made her not suitable to hold the position and clearance she was applying for. Whereas Johns position, while still required to obtain a TS clearance, does not ‘care’ that he had a DUI last year.

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Thank you so much! I appreciate your time and insight!

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