I recently accepted a position as a remote software engineer with a VA contractor. The position requires a PIV card and Tier 2 (Public Trust) investigation. I’m trying to realistically assess my chances before I leave my current job.
Here’s my situation:
Criminal history:
- 2009 (age 18): Convicted of Burglary 3rd (Class D non-violent felony, PL 140.20). Sentenced 1-3 years indeterminate. Served time, conditional release 2011, parole discharge 2012. Also had a misdemeanor Criminal Mischief 4th conviction, 90 days concurrent. Both fully completed.
- 2017: Arrested on multiple charges stemming from a domestic argument with my long-term partner (Burglary 2nd, Endangering Welfare of Child, Criminal Contempt, Petit Larceny, Criminal Mischief). ALL serious charges were dismissed. Final conviction: Disorderly Conduct, which is a VIOLATION under NY law, not a misdemeanor. Conditional discharge 1 year, $1,000 restitution paid in full. Everything sealed under CPL 160.55.
- Also in 2017: A separate harassment charge (Criminal Obstruction of Breathing) dismissed, pled to Harassment 2nd (violation). Conditional discharge completed. Sealed under 160.50. This does NOT appear on my FBI rap sheet.
- Nothing since 2017. Zero incidents in 8+ years.
The problem: My FBI Identity History Summary currently shows the September 2017 arrest with NO disposition listed. I have the Certificate of Disposition from the court showing everything was dismissed/reduced to a violation, and NY DCJS is currently working on updating my FBI record. Hoping it’s updated before my fingerprint appointment.
Financial:
- ~$8,700 in defaulted federal student loans. Initiated rehabilitation this week with Default Resolution Group.
- ~$4,000 in collections/charge-offs, most in active payment plans through a DMP.
- Car loan ($17k) never late.
- No bankruptcies, no tax liens, no judgments.
- 557 credit score.
- Financial issues resulted from COVID layoff (8 months unemployed), cancer diagnosis, and family relocation due to bed bug infestation. All documented.
Mitigating factors:
- Still with same partner for 14+ years, raising two children together
- She appeared in court on my behalf for the 2017 cases
- Built a career as a full-stack software engineer serving
- Pursuing CS degree part-time
- Position is remote software engineer, no physical access to VA facilities, no financial duties
Questions:
1. What are my realistic chances of a favorable SAC adjudication? Especially if the FBI record still shows no disposition on the 2017 arrest when prints are run? I have letter of disposition for all of this.
2. Does the fact that all 2017 convictions are violations (not misdemeanors or felonies) help significantly?
3. The felony is 17 years old and unrelated to the position. How heavily does a completed felony from that long ago weigh in a Tier 2/Public Trust determination? This happened when I was 19 I was young and honestly stupid with no support system.
4. Has anyone gone through a similar situation and gotten favorable results?
I know nobody can guarantee outcomes. I’m not the same person I was when I was younger and I’m just trying to make an informed decision I plan of being transparent about all of this. Any insight from people who’ve been through the process is appreciated. Thank you.