Suitability and PBJ

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?

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

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

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.

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.