Thinking of getting an attorney consult

I am jobhunting, and most of the jobs open right now in my field are with gov contractors. Most fall in a range from unclass/SF-85P up to Secret.

For an old employer, I had to fill out an SF-86. Well, I bunged the process up, including omitted relevant facts, and almost got denied (employer mercifully withdrew my app). It was a disaster, but it was a long time ago (over ten years).

I’d like to get all the facts in front of someone who knows what they’re doing, and ask them if I apply, what would my chances look like. I’d like someone to say “You’d probably be OK” or “You’ve likely got a problem there.”

I don’t know if the attorneys do that, in the absence of any specific case. I’m not under any investigation now. Do they do that … have you heard of people trying to get basically a pre-game assessment? I don’t want to waste anyone’s time.

Also, I don’t know if asking for references is OK on this site, but who would I go to? I need someone who knows enough to know how the adjudicators would look at someone who was a likely denial years ago, but now found reason to apply again later in life.

If you’re talking about events that took place prior to filling out a form ten years ago, then I’d go with “You’d probably be OK.”

However, I’m not sure what phrases like “almost got denied” and “employer withdrew my app” mean. This is relevant to questions about prior investigations and denials. Was the SF-86 actually submitted? Did you ever meet with an investigator? You may need to disclose that, if only to cover yourself because when they start the new investigation that old investigation may still be on the books.

I don’t know what more a lawyer could tell you… except to inform you how large the legal fees will be :slight_smile:

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Thanks for the quick response … Yes, the SF-86 was submitted. I was interviewed by an investigator about a year later. I admitted that I had omitted relevant (derogatory, I’m a former drug user) info on the SF-86. Some more months passed, then I got a letter from DOHA saying that the investigation had been completed, but they wanted me to fill out some interrogatories questions. I did not reply to the interrogatories. Instead, I asked my manager at my company if the application for Secret clearance could be withdrawn. My manager wrote to the FSO saying I didn’t need it anymore, and it was canceled. Hope this clarifies, sorry if I was vague.

No drug use, no alcohol issues, no substance treatment issues, and no police issues in the last 10 years is a very good and favorable thing. Pay attention to all the “ever questions” when/if you fill out the SF-86 again. There are never any guarantees.

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OK, I got forms SF-85P, SP-85PS, and SF-86, and searched them for all instances of the word “ever.” I would have two things to report:

  1. Has the US gov ever investigated you or granted you a clearance … Yes, namely, what I’m posting about in this thread.
  2. Have you ever been convicted of an offense involving alcohol or drugs … Yes, I got an open alcohol container violation while driving. It was when I was in college, early 1990s. I doubt the police department has record of it anymore, but I still have copy of the citation.

I never did get in any legal or employer trouble over drug use, I guess I was just lucky/careful enough that it never got on the record. I’ve never been arrested. In the time since I was interviewed >10 yrs ago, no drug use, and no trouble other than one traffic ticket that’s covered by the “under $300 and not drug/alcohol related” rule.

Thanks for the replies.

I’d venture you are okay. Likely better had you filled out the info when asked for follow up. But maturity, time, not hanging with same people all are mitigation. Nothing past ten years demonstrates better behavior. They may want info on what and why you concealed on first one. Trust me when I say you are not the first one to do that. Maturity comes in differing stages and differing ages. Sounds like you have grown up.

OK thanks. The question of explaining why I concealed is a fair one, I guess I would ask that if I were them. I’ll have to do some more soul-searching about it. What I do know is what’s keeping me from going back, it’s because I have a family depending on me now. Whatever happens, I have to do what’s right for them.

Thanks again, this thread has been helpful.