PIV Card Military Convictions

SECURITY CLEARANCE Q&A
1

Good Evening All! To start off I think I have a bit of a complicated situation but hopefully can get some insight from all of you!

I recently got hired by a state as a veteran representative and it requires the use of a PIV Card.

During my hiring process with the state I was subject to a background check (no fingerprints) and they said it came back and proceeded hiring me. They didn’t indicate what came back and the state no longer requires disclosure and banned the box.

For the PIV I know I will be subject to fingerprints for FBI background and I know my military conviction will come back.

Background: When I was in the service I had an affair with a coworker. Over a year later I got tossed into an investigation which produced false allegations and a year after that I went through a general court martial for violations of Article 93, 120 & 120c. I was acquitted on all charges except one for Article 93 and 120c which was a wrongful conviction (93,120,120c were all tied into eachother and we proved I was innocent). My case is still in appeals so no resolution on that front yet.

I didn’t do any time and was still able to finish my contract and discharge honorably.

I got out, went back to school in person at a prestigious university and graduated Magna Cum Laude. My wife and I also have a child together (same wife from when this all took place).

I have a letter of explanation written and ready to go along with my 214 and college transcript. My unit Commander from that time also told me if I ever needed a letter of recommendation he would write me one because he knows I got screwed. I reached out to him to see if he would follow through with it so fingers crossed.

My question is do I still have a chance at getting a PIV Card? The affair happened 7 years, investigation 6 years, conviction 5 years ago.

2

Not sure if we are allowed to bump but don’t want to get lost in the sauce with an early post!

3
  1. Way TMI to sift through. Bottom line is you have a recent criminal record that will show up in the BI.
  2. A single conviction doesn’t necessarily disqualify you from a PIV. The fact that you passed the suitability (I assume you passed it since you got the job) means it probably wasn’t cause for much concern.
  3. That said, each agency has their own standards. Some are harsher than others so it depends on where you work.
  4. Just saw that you’re in State Gov. My experience is with federal and State Gov may do things very differently than Federal.

Best of luck.

4

A background check and a clearance investigation are very different with very different standards. I doubt having had an affair will matter. However, only time will tell. Good luck.

5

So Idk exactly what came back on my background when the State ran me and proceeded to hire me.
They took away me having to disclose to help people get hired.

Although this is a state position, it requires a PIV to access a federal database (Dept of Veteran Affairs).

6

An affair sparked everything but that is not the charges. To save her own skin and take advantage of special programs she accused me of sex assault and they added maltreatment and indecent exposure to the charges all for the same affair.

We proved I was innocent and the aftair was consensual and I still got convicted on maltreatment and IE. Acquitted on SA.

7

Every agency is different. They didn’t even do a BI for mine since they already did it for my clearance and suitability. Just 2 forms or ID.

8

Oh nice. Yeah I know I’ll have to do fingerprints for the PIV so not sure if I’m going to be even able to get the card which will result in getting fired

9

Update: Previous Commander during the court martial wrote me the letter of recommendation!

Also, I’m pretty sure its the Form 306 I’ll have to complete!