I’m going thru the hiring process for Bureau of Prisons. So I submitted my EQIP (SF85p / Moderate risk public trust). I disclosed 2 dismissed misdemeanor charges (also expunged) on the EQIP. My HR rep called yesterday and says the investigator is asking for something showing the charges were expunged and then I will be cleared for my entry on duty date. This puzzles me. I called the courts and I find out that my state is not an open records state. When I applied for the expungement, I wasn’t sent a notification that the expungement processed, only a background check that didn’t show the charges (as in they were removed). The courts say that all info from the cases have been removed/sealed and that to get any documentation pertaining to them I’d have to petition the judge and state that I wanted the cases reopened or unsealed to get the information I need to provide the investigator. Now, our courts have suspended hearings for 30 days due to corona. So it’s a complete runaround. Its almost like I would have been better off not having them expunged so I could have access to them and show them as being dismissed. Has anyone else been asked to provide documentation on expungement? Why is it that I’m being asked to provide proof of expungement when a records/history check at any level shows they are non existent. Its like I’m being penalized for being forth coming. I have been fully honest but it is hard to obtain documents on something that has been “wiped/sealed”. And every state is different with expungement protocols and such. My HR rep did say maybe if I got a background check from my local court and police department, that would maybe suffice and show the charges were expunged. So I’m going to do that.
Not sure why the investigator would be contacting your HR rep for court records, doesn’t really make sense.
I call ■■■■■■■■. An Investigator doesn’t ask HR to have the Subject provide a record. If the record is sealed, it’s sealed. The Investigator reports what he finds and what he gets from interviewing you and possible Sources. HR is up to something…
Sounds like the security manager is asking for info, not the investigator.
For the bureau of prisons as you hire on, an OPM investigator does a preliminary scan over your EQIP to look for any red flags. If they don’t find any, you are given a prelim clearance and an entry on duty date. Then they do the full scope investigation and it usually takes 6-8 months to complete while you’re working on duty. I am in the prelim EQIP scan phase. My HR rep says the investigator asked him for me to provide more documentation into the expunged charges. Well…there isn’t any documentation left according to my courts. Or at least there’s a paper copy left thats “sealed” and I’d have to go through a process with the court to gain any access to the information/documentation of the case.
Investigators don’t look over your equip to determine if you can have a prelim clearance. Investigators have 0 decision making ability when it comes to your clearance
Well my EQIP was sent to someone and they do a precursor glance over it for any obvious disqualifiers. So that’s the stage I’m in. Someone is asking questions as to my charges, dispositions, and expungements. My HR rep says its the investigator asking him for more documentation from me. I cannot obtain information from charges that are almost 7 years old and expunged.
Bottom line is that it is your investigation, you can try to cooperate or not and get the info requested.
If you don’t feel like jumping through hoops, tell them to pound sand.
I’m very appreciative of Subjects who tell me that up front. Makes my job so much easier!
Do you really think that this is what he is saying? That he doesn’t want to “jump through hoops”? That’s not what I get at all . . .
Sounds like it may be a personnel security analyst looking over your form. If I’m looking over an eqip and I am comparing it to your rap sheet and come across a charge that you say is expunged I will still ask for info about the charge. If the applicant comes back and says it’s expunged or sealed, I do ask for proof or I may go look it up in the states court system. If it comes back no record or the applicant shows me documentation proving that. I proceed with the case. Examples of what i would’ve accent are a receipt from a judge approving the expungement or something from the local court saying there is no record for _______.
However, when it’s time to speak with your investigator, they will still ask about the charge and attempt to get the record(depending on when the arrest happened).
I guess you could provide a letter explaining the situation as best you can, providing whatever details you have about dates, places, courts, judges names etc. It may not work, but I guess it is all you can do. I would think that if they conduct an investigation, a federal investigator could get access to those records… that might delay your start date.