Suitability and PBJ

SECURITY CLEARANCE Q&A
1

Hello-
I’m hoping someone can help me out. I recently received a tentative job offer from the department of commerce prior to this I worked for DOD and DOS as an intern. I received a DUI on New Year’s Eve of 2017- I received a probation before judgement., completed the program and was told everything was discharged. My attorney told me that the benefit was that when i applied for jobs i check off the box that I have never been convicted of a crime, etc.

When I filled out my equip I called him and asked if I check yes or no since it asked about probation- he said no since it was talking conviction and I wasn’t convicted.

Well—- the suitability adjudicator sent me an email asking me why I checked no to being arrested when there was an arrest on my FBI rap sheet. I explained the situation and sent all of my documentation showing that complied with the court order that I went to alcohol counseling- and provided a letter of recommendation. I’ve been a teacher for the last three years, where I successfully passed background checks.

I’m now waiting to see what the results will be but I’m concerned that they might think I falsified or I was being untruthful When completing the application. Which wasn’t my intention I thought based on what I was told that I would check the box no as opposed to yes.

What do you think my chances of getting a Favorable suitability finding? And if I don’t is it appealable?

2

Doesn’t the question ask whether or not you have been arrested? I don’t recall any specific language that states conviction.

1 Like
3

You were still arrested. You might not have served jail time, but the arrest record still exists.

4

Unfortunately, this is wrong. The judicial process is broadly straightforward. Charged, convicted, sentenced. You were charged with a DUI when you were arrested/ tested by the cops. You were convicted when the judge determined that you did in fact commit a DUI. You were sentenced to probation, classes, etc.

Maybe forward that to your attorney. Or don’t ask DUI attorneys about clearance matters.

Hopefully the judge lets it slide.

5

Are you a contractor or federal employee?
Either way, appealing a suitability denial is not a right granted to most applicants. I believe only federal competitive service applicants can truly appeal a suitability denial.