NACI T1 clearance

Hi,

I have a NACI T1 clearance coming up. They told me it’s a very low level clearance. Usually clears within 48 hours. I have some misdemeanor from 3 and half years ago like paraphernalia and trespassing. I want to be honest about my charges. I was recently terminated from pubic sector company. This is not a government company. I had an issue with the internal investigator. where she was lying about an investigation so i brought it up Infront of her co-worker and a lawyer that works for the company. I feel like it was retaliation because she accused me of lying to her about the investigation. when it was the other way around. HR happened to listen to her story and i was terminated about 4 days ago. My company told me when employer calls they won’t disclose the termination unless i sign a waiver. they will just confirm the title and dates of employment. The company still has me under the payroll until the end of the month. Do i need to disclose my termination since i am still under the company. Does NACI T1 calls your previous company if they do what kind of information do they ask you? Do they reach out to my former supervisor? Can i choose not to have them contact my former employee? What are my chances of passing the security clearance.

This is a lot. T1 investigations do not result in any type of security clearance. It doesn’t matter what HR tells you they will or won’t disclose. You can’t opt out of having people contacted. You have to truthfully answer any documentation you are asked to complete.

@investigator721 Also my HR said when they call for employment verification. all the HR can do is provide the title and the dates of employment unless i sign some sort of waiver to say disclose other information like why i was terminated. Also would paraphernalia and trespassing misdemeanor affect me from getting the T1 if it happened over 3 years ago.

hi @investigator721

Thank you for your response. What do you mean when you say there is T1 investigation that do not result in any type of security clearance? since the way my termination happened is there a change of me getting cleared for the clearance? Also does T1 has a waiver form that allows the investigator to reach out to my former employer and ask my reason to leave or why the termination happened?

Well ignoring the back-story here,

  1. A federal investigation does NOT equal a private company HR background check. The feds can check all those things, especially in a clearance BI, BUT…
  2. T1 is not a clearance. (not even sure if it’s a public trust). As you mentioned early on, T1 is usually a very basic investigation and they may not bother to to delve deeply enough to find the discrepancies.

Having said that, let’s walk through how this could go. Let’s say 5 years from now you go through recert - or better yet, you apply for a S or TS clearance. You put the firing on your SF86 form and/or during that investigation they notice the dates of your firing was before you got your PT and they ask you why you didn’t report it. Now they’ve got you lying on your SF85 and potentially on lying to an investigator if you don’t volunteer the info before they ask. Now you’re in real trouble.

Hi @clearedrob

I plan to provide the correct date for when I left the company. For the T1 investigation, what specifically do they verify about your previous employment? Do they only check things like your employment dates and job title? That’s what HR told me they can disclose unless I sign a release form

Again, a T1 is not a clearance investigation and I’m not very familiar with the T1 process. Speaking strictly about Fed BIs, this is not like a private company doing a BI. Different laws apply. Pretty sure fed BIs can contact anyone and ask just about anything they want as long as it’s in-scope of the investigation (based on your responses - or lack thereof - in the SF-85).

FWIW, getting fired isn’t automatically disqualifying, especially if it wasn’t for something illegal.

Let me save you some time. Assuming you submitted an SF-85 for low level or public trust:
YES.
They WILL ask your company if you got fired.
They can ask your company anything they want.

YES.
Your company has to answer their questions. They are not going to lie to federal investigators.

This is a federal investigation. The law your HR is talking about shields you from private background checks, not federal investigations.

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@clearedrob They just send me a OF-306 do you know what that’s for? I feel like my termination was retaliatory since they are trying to say i lied after i pointed out that someone in higher power was doing that. I asked for termination paperwork which they told me they don’t have to give to me since i am at will state. Along with 3 misdemeanor i have DWI, paraphernalia and trespassing. Do you know think it will be tough for me to get a T1?