I was recently denied suitability with the FBI based on ‘criminal behavior.’ Which is curious because I’ve never gotten anything more serious than a warning about speeding.
I did disclose some minor music downloads in college (+15 years ago), an incident where I drank while underage (+15 years ago) and an incident where I was told by a friend who worked at a gas station to grab a case of beer from the cooler and take it to his car because he paid for it but I couldn’t be certain that he did pay for it (+15 years ago).
Passed the polygraph in Feb 2018, received the letter in December 2018.
My question is, could there have been an error on the adjudication side? Could someone have hit a wrong button or something?
Updated to admit that it has been at least 15 years since college.
Of course someone could have made a mistake . . . “Minor” music downloads are taken very seriously in this world. None of them are “minor”.
You didn’t think of it as anything back and then and it sounds like you still don’t but it IS criminal activity. Keep in mind that “downloading” has been how several high profile espionage cases have been carried out.
I seriously doubt that the problem is your warning for speeding, your underage drinking or your possible theft of a case of beer.
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the downloads I think is what did you in.
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Downloads will be the downfall of the millennial generation until the millenials get into the adjudication and poly world. I am from the “clock still blinking on my VCR” generation and I have not owned a VCR in 10 years. When you get your SOR it will specifically tell you what the issues were. If it is a mitigatable or challengable…it will tell you how to do that. It is possible they over-estimated the amount of downloads. I frequently see MJ use over estimated to 104 times when the person insists they said weekends only for a year…so the report said once each weekend day. I would recommend a cleared lawyer for the challenge if it is something to be challenged.
Thanks all, just to clarify, it was more like 15+ years ago (I’m in denial about how long ago it was since I was in college).
I will not get a SOR for suitability. My letter said “no appellate rights.” From what I’ve read, the FBI has their own way of doing things which are outside of MSPB. I never got any follow-up from an adjudicator asking me to explain anything prior to the denial letter.
I have hired an attorney to provide a petition with supporting evidence that I have no criminal history (on paper) mostly to vindicate myself and to make sure I dont have someone out there posing as myself committing all kinds of crimes and filed a FOIA to maybe someday find out the exact reason.