Suitability Question For TS

Guys, When do I know I pass suitability?

I am in process with a 3 letter agency under DOJ for a SA position. I did have a felony arrest record 15 years ago which was dropped and expunged. Since, I went to college, graduated, married, kids, bought a house etc and never got in trouble with the law. I am currently a LEO for a 3 letter agency under DHS. I obviously have disclosed all pertinent information on both SF86. I have passed my poly, drug test and was fingerprinted etc. As part of my BI, spousal interview has been completed and my file has been released by the investigator for review.

How close I am to the finish line?

When do I know I pass suitability? Because of my arrest record I am a little concern about what the final outcome might be.

I have read that a lot of applicants with no arrest record have passed everything and got to the finish line. Only to receive a letter saying they are not suitable.

I have disclosed it all. I can’t imagine the agency would waste all that resources and time, only to find me not suitable based on my arrest record from 15 years ago.

Any thoughts please.

I could be mistaken, but I thought it was “conviction of a felony” that was a disqualifier. You were not convicted, right? I would think an arrest would not disqualify you on its own. However, you disclosed all the facts, some of which might create problems despite the charges being dropped. Did you disclose acts that raise a security concern despite not being convicted? Did they just arrest the wrong guy, or did you do it, but the charges were ultimately dropped? I think that distinction could matter. All that said, I would hope your record as a LEO with DHS (and the other factors you mentioned) would outweigh the 15 year old arrest.

I was not convicted. The arrest was for a crime that was committed when I was 17-18 and I got arrested 2 years later or so. The crime was “false insurance claim” which was perpetrated with my information by someone else with my knowledge ( it was a false car accident they created and put my name on the police report. I was never pet of it ). I was just stupid man. I had to go into details on my SF86. The interesting thing is that they barely questioned me about that arrest record except to briefly describe what happen. I made it known that I took full responsibility for what happened and I learn from it. The charge was dropped. I have never done anything that would raise security concerns. I disclosed everything about me.

Don’t you think if there was anything that would create problem, they would have dropped me after I completed the SF86 or after my Poly?

First, I have no experience with DOJ and practically no experience with any form of LE clearances, but I can’t imagine you would have gotten this far in the process if that were the one thing against you. Who knows, maybe they’ll dig up something else, but considering you already went through the drill with DHS and have disclosed it all for the new job, I cant imagine they’d let you get almost to the finish line and then shove that old incident in your face.

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I can guarantee you there is nothing else that they can find on me that I didn’t disclose in my previous SF86 or the latest one. To your point, I really can’t imagine getting that far either if that arrest was an issue. But who knows.

At what point in the process do they review the application for Suitability ?

That’s a good question. I think some agencies perform the same kind of adjudication that other places do but call it “suitability” and in that way, they don’t deny you a clearance… and they don’t have to give you the same appeal rights.

In either case, its got to be the last stage in the security process. It may take a few more weeks after that for the final HR processing of your offer as well as scheduling you for whatever training you require.

That makes sense. Well, I will see what happen in the next few weeks/months with this process.