I received a tentative offer for a job with DHS, I need a non-sensitive Secret Clearance. Feb 19, 2017, I agreed to a pre-trail diversion program for first offenders for a misdemeanor Simple Battery charge. The case was closed out on the 19th of Feb. 2019, the probation officers said my case will be sealed. Due to unemployment I lost my job and a couple of my bills fell behind now since I am working again, I made payment arrangements to get caught up. All this information was disclosed on my SF86 as well as all the documents was provided to the pre-employment background person. I still haven’t heard anything, and I am worried it’s going on a month’s now.
Did you fill out an SF86 or SF85? You may not even be in the process yet. A misdemeanor is far better than a felony but you will need to address this even though the case was “sealed”. You’re less than a month out of probation. What’s likely to matter most is the actual circumstances of the battery charge.
If I were you, I would continue to pursue this position but I would also be looking for non-cleared work.
I filled out a Sf86, I never been in trouble before this. The incident was over a traffic offense pretty much he say she say. I have a clearance with another agency but I know different agencies have different guidelines. I have to explain everything and pretty much throw myself on the mercy of the background person. I disclosed everything on the form, written and with the paper work.
Did you disclose all of this to the agency where you are cleared now? Was this done back in 2016/2017 when the event happened?
You plead guilty to battery in a “he said, she said” situation?
Yes I did. I just to get everything over with so I just did Nolo under First Offenders. It happened on Thanksgiving in 2017. I went to court in February 2018.
I asked three questions and I’m not sure that you answered all three: Did you report this at the time?
Yes I did report this to the agency I’m at now.
If they haven’t taken any action, it seems unlikely that you will have a problem.
I hope not. Thank you for your advice.