I was denied public trust for a mistake I made 28 years hanging out with the wrong people. I haven’t had any runnings ever since. When filling the EQIP it asked in the last 7 years have you have any arrest I answered NO, I got letter from them to explain the arrest which I explained to them what happened and was very apologize for my action, I wasn’t even interviewed and today just got a letter saying that I was denied based on the felony offense
Is it possible to appeal even though it says final result? Please help
I have no idea what you did but some things are lifetime disqualifiers.
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Does the letter specifically mention the public trust, or does it talk about ‘suitability?’
A finding that someone is not ‘suitable’ is much more difficult to appeal… in many cases there is no appeal.
As @HR2C notes there are “in the last X years, have you…” questions and “Have you EVER…” questions. Some Public Trust determinations are similar to security clearances. But like I said, it could be a ‘suitability’ concern, especially for a direct hire civil service employee position. And anything connected with law enforcement can involve a whole new set of standards.
I am an investigator, you are literally preaching to the choir. Like I said there ARE things that WILL disqualify you for life. Without knowing what this person did, there is no way of know why they may be having an issue. And yes, as an investigator we ARE given a list of disqualifications so NO I am not just guessing.
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@HR2C It was accessory to commit credit card fraud, which i was given probation and it was discharged…
Give me a minute I am looking at the list
Ok so I don’t see exact verbiage that says credit card fraud. There are things that talk about unlawful concealment of money and that is indefinite for banking positions, unlawful trading, stuff like that. One talks about bonds and sureties. I don’t think any of those pertain to credit card fraud does it? If the position you are trying to get is in the banking field there may be a problem but if not I am not finding a statutory debarment.
I was an adjudicator what does it say?
Thank you all for taking the time out to answer my question… I just went through the letter it says “unfit”… The question stated in the last 7years which I answered no since it was 28 years ago and their is no follow up question with the “EVER” option. It’s with the Department of Homeland Security as a contractor
I think “unfit” is another way of saying unsuitable, so technically this may not be a denial of the public trust. Often when a candidate is found ‘unsuitable’ for a position requiring a security clearance, there is verbiage in the notification that it is not a security clearance denial.
Perhaps you could reach out to your federal representative.
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@sbusquirrel thanks I hope you had a nice thanksgivings… but it says it’s says it the final decision that am unfit to support the contract. My contracting office hasn’t said anything yet… So you think I should contact an attorney?
My understanding is that a decision regarding a security clearance can be appealed, but any determination of unsuitability/unfit(ness?) is much more difficult to contest. In fact I think that is why some agencies choose this route.
I guess you could contact an attorney, but I do not have any experience with that other than second hand reports, and those had to do with security clearance decisions.
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You can route up by using this process. Good luck!
Can I ask you a question? I was offered a position with a ‘public trust’ medium risk clearance in the DOJ and is hoping to get clarification on the background process. I have no arrest history, no debt, I have excellent credit, no run ins with the law, and to my recollection no speeding tickets or anything over $300. I’m pretty much as clean as a whistle–however I have smoked weed in the last few months. That being said, when I realized I was going to apply for this position, I stopped immeidalty and it has been ample time since I last smoked. I have NEVER done a hard drug in my life (cocaine, LSD, Mushrooms, Heroine, etc…) Should I be concerned about being denied? If so, how should I present myself to my security specialist to talk to them about it?
Whether that will keep you from receiving a public trust, I am not qualified to say as I do not adjudicate, I only investigate. I will say that more recent use looks worse than use in the distant past. I am not sure what you are asking as far as how you should present yourself to your security specialist, I would say honestly.
Yes, of course. I guess what I mean by that is–what is the best way I can try to convince the adjudicator or investigator I will not smoke in the future and why I stopped. I feel like my answer is honest, but idk if its what they consider a ‘good answer’. My honest answer is 3 fold: 1) I want to have a long and successful career and naything that holds me back from that should be eliminated from my life–including drugs. 2) I used it for a chronic illness I have (originally diagnosed as a terminal illness) and I used it to relieve the pain and, to be honest, give me some sort of relief mentally at the thought of my inevitable death. Thankfully, my prognosis has drastically changed and should live a long life–so there is not really a medical need for me to use it. I didn’t want to use pain killers because I have had friends and family who have ruined their lives from dependency and some have even died from it. Finally, I’m getting older and I think I’m simply too old for it, getting older means taking more responsibilities in my life and just being a more forward-looking and mature personn and cutting marijuana is certainly not something that successful adults use. That is my honest answer, but idk if that is something that really conveys my commitment to stop using both now and in the future. Does that help clarify what i mean by how to present myself?
The investigator will ask you very direct questions that will ask specifically what the adjudicator wants to know to make the decision. You don’t have to guess. When the investigator asks the questions just answer honestly.