OPM/I.H.S. Equip Investigation

I have been working for Indian Health Services for 11 months. OPM informed me that my Equip Investigation is no longer pending. They completed it on 06/28/2017. Prior to this, I passed an Equip investigation to work with children in 2012. Before that, I was cleared for 2 Secret Clearances while on active duty. Recently, I received an email from Personnel Security Specialist
Protection Strategies, Inc (CTR)
IHS-Division of Personnel Security & Ethics requesting arrest records from a domestic dispute 23 years ago. No one was charged or found guilty in this domestic dispute. My question is this:

  1. I know they have to initiate a new equip investigation after a break in service, but if I passed an equip investigation in 2012, wouldn’t they just pick up from where the 2012 investigation left off?

  2. If OPM has already completed my investigation, is IHS allowed to ask for this documentation?

  3. The domestic dispute was in 1995 and “after” I was cleared to have 2 secret clearances, an equip investigation, and an Alabama FBI fingerprint check to work as a teacher. None of these investigations requested these documents from 20 + years ago. So, why would Personnel Security Specialist
    Protection Strategies, Inc (CTR)
    IHS-Division of Personnel Security & Ethics want to have these documents?

  4. I spoke to an OPM investigator and she stated that IHS had no business requesting these documents once they had completed OPM’s investigation. Is this true?

Thank you

It does seem very unusual for them to pursue those types of records if, as you say, you were granted clearances previously and presumably the arrest would have been reviewed disclosed in those investigations. The only two scenarios I could think of as to why they would need it is 1) you are in a position that requires carrying a firearm (see Lautenberg Amendment) or 2) you did not disclose the domestic incident on the clearance applications and they are reviewing the information form previous investigations for discrepancies.

Agencies can conduct their own follow-up inquires as needed, OPM does not have the authority to restrict agencies from doing that.

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Spot on as usual Marko. As long as it was outside the 10 year requirement and didn’t fall under any of the qualifiers such as a felony, even if pleaded down, or if it was dismissed and you didn’t report it…I think you will be okay. If you forgot to put it down or stretched to not include it…I predict it will be a problem of falsifying the SF86. So not the event itself, but not being truthful. A lack of candor.

Hello again and thank you so much for the quick responses. This position that I hold is as a part of the clinical staff working with Native American adolescents in an Indian Health Services federal rehabilitation center. When I applied for the position it was advertised as “Q-Nonsensitive”. I did not complete a SF86. I only completed an OF306. I believe the OF 306 asked if I was “found guilty or convicted” of violent crimes which I was not hence, the reason I did not answer yes to the OF 306 to that question. In fact, the judge stated that if nothing happened for another year then it would be as though the incident never took place.

The incident that took place did not involve firearms of any kind, nor did it involve children.
Also, this particular individual reviewing my findings from OPM is asking for Military Police documents. Wouldn’t it be her job to acquire these documents? I would think she would have access?

Hm? After doing some reading I have found that I must have filled out a “SF85”, not 86. To be honest it was over a year ago and I do not remember filling out the SF85. I did go online to login and complete some Equip information. Would that be the same as filling out a SF 85? The only thing thus far the investigator has questioned me on is the OF 306.

This is the requirement for the position I have held for the past year and my PIV card has already been adjudicated: Level 1 Non-Sensitive SF85 None, NAC, or NACI2 None, HSPD-12 PIV Card None, every 5 years for PIV Card. Sooooo- I guess I did “not” fill out a SF85 according to this. Sorry… Just terribly confused at the moment.