Security clearance with shoplifting charges nole prosequi

Denial of an interim does not necessarily mean a bad outcome. It just means something needs adjudicated. It can be minor. It can be major. Normally the applicant is aware of the “something.” If you run through the standard checklist in your head: what is my FICO, what criminal charges have I faced, did I speak to recreational drugs or misuse, do I have a large amount of foreign contacts, was I born outside the US? If there is nothing but positive answers there…it is likely minor. If it is a major item you would know what that item is. Make as good a name as possible working on unclassified projects in the meantime. Make your value proposition known. This way even if you get a denial they may find you are a solid worker they trust.

Hi Everyone
Today, I met with the investigator again(2nd time in 4 months). He mentioned , he wanted to verify the original foreign passport I had, which we did. Later he mentioned that the employer who terminated me mentioned the following

" I used the company resources for my personal business/side business. I am not eligible for rehire and doesn’t recommend me for the security clearance".

the investigator asked me to provide the copy of the termination letter where it clearly mentioned that I was fired for lacking performance. I never left on a bad terms. I was also paid 2 weeks of severance package. I was told by the employer that we are a small company and cannot afford to miss deadlines for which I took full responsibility and mentioned clearly on my sf-86. The company was running out of money and they shutdown/laid off most of the engineering staff in January 2019.

Anyways the investigator mentioned that they try to collect information from both ends and submit to the adjuricator.
I am not sure what is going to happen now. Any comments.

If you honestly reported what they wrote up I would have no worries. If you underplayed it…you may have an issue where they need determine who is the most truthful. If you spoke to missing deadlines and that is what they also said…not a problem. But the use of company resources…if they spoke to you or wrote you up for that and you didn’t speak to it…possible problem.

Thanks, I gave the copy if the termination letter. Which clearly says reason for the termination as a “lacking performance”. I was never told anything about use of company resources. I just reported what happened in reality and I accepted all the responsibility for missing the deadlines. But they wrote use of company resources about which they never informed anything to me. I never had any bad experience with the employer and I was terminated purely based on lacking performance. I am not sure how things are going to pan out.
I never tried to underplay. I wrote what was revealed to me and given to me in writing. I was also provided 2 weeks of severance package. Don’t know what caused the employer to write such a stuff.
I will leave up to adjuricator because nothing is in my hand.

Can ask a question? Did you HAVE a side business? Did you use company assets to advance that business?

I never used company assets to advance any business.

Which doesn’t say you did not have a side business. It actually isn’t unusual for misunderstandings on the termination and how it is captured. As long as you reported it, and shared the letter I think you are okay.

Thanks @amberbunny. I did have a business which I already have reported. I also gave the copy of the termination letter. I never tried to hide anything on SF-86 Or even on this forum. I hope everything turns out Ok in the end. I will just have to wait.

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Companies do this frequently. My investigator told me when she was obtaining her TS, her previous employer lied during the investigation process. Adjudicators are aware of these things.

My secret clearance was granted today. Thanks everyone for your help.

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Great news!

How long from start to finish?

It took round about 9 months.

Not bad overall. Right in the middle of the bell curve.

Hey @hibrian1, I have a similar situation like yours and was wondering if you could share your entire process that you had to go through. From what you mentioned in your applications, what you share with your HR or anything that might seems important. Thanks alot.