TS Cleanrance with a (Nolle Pros) dismisses felony arrest

Hello guys, I am filling out my SF86 for a 3 letter agency. back in 2005 I was arrested and charged with “Making False Insurance Claim” which is a felony. The charge was dropped (Nolle Pros) and the arrest was expunged from my record in 2007. I have never been in trouble since. What are my chances of getting this TS and eventually get hired ?

I recently filed out my SF 86 and I disclosed the arrest although the question asked “Have you been arrested in the last 7 years ?” Something to that effect.

What do you guys think?

I think you should finish your e-QIP, wait and see what happens, and report back to the forum on your suitability and final determination. None of us are working your case. We think you have as good of a chance as anyone else under the whole person concept.

The investigator and adjudicator are going to look at the facts of the case. This matters much less than the disposition. They will look at the reasons that the charges were dropped and why the arrest was expunged.

Think about it: There’s a big difference between dropping the charges because of an illegal search or lack of evidence and dropping the charges because someone else confessed to the crime. Innocent and not guilty are two very different things.

So, you are the only one here that knows what happened.

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I allowed someone to use my information to file a fraudulent claim on a car accident police report. I was never in the Car when the accident happened. The charged was dropped after I went to Pre-Trial diversion and paid some fees. After that my record was expunged. When I allow that person to use my info, I was 17-18.

So . . . In the end, you DID commit the crime . . . We have had a lot of discussion here about pre-trial diversion. You can do some searches.

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Does that mean my chances are very slim? After all I was able to get a secret clearance for a 3 letter agency and I am currently working for them. I had disclosed everything on my SF86.

You didn’t say anything about your current clearance. But, a TS isn’t the same as a Secret . . . I don’t think that it’s a lost cause or anything like that. I’m just trying to outline what you are up against. You should also take into account that we have seen a number of people with Secret who are denied TS and then have their Secret repealed.

That last line just killed me.

I would just take it off of your SF86. If it didn’t occur in the time frame specified, than why list it? I think the question is pretty black and white given the time period they are interested in. It should be an easy yes or no question.

Whoa. Do NOT remove it from your questionnaire. You said you were charged with a felony. That is a “have you ever” question. The timeframe is your life. Regardless of the dispo it will have to be listed on your questionnaire from now until death.

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I agree with you. 100 percent.

Wow. Bad advice.

Section 22.2

  • Have you EVER been convicted in any court of the United States of a crime, sentenced to imprisonment for a term exceeding 1 year for that crime, and incarcerated as a result of that sentence for not less than 1 year? (Include all qualifying convictions in Federal, state, local, or military court, even if previously listed on this form)
  • Have you EVER been charged with any felony offense? (Include those under the Uniform Code of Military Justice and non-military/civilian felony offenses)
  • Have you EVER been convicted of an offense involving domestic violence or a crime of violence (such as battery or assault) against your child, dependent, cohabitant, spouse or legally recognized civil union/domestic partner, former spouse or legally recognized civil union/domestic partner, or someone with whom you share a child in common?
  • Have you EVER been charged with an offense involving firearms or explosives?
  • Have you EVER been charged with an offense involving alcohol or drugs?
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It clearly has to be reported. But, it was reported and adjudicated, at the T3 level previously. I don’t really know what the results will be for a T5. I’m not certain that it will effect his secret since that was adjudicated with this information but I wouldn’t want to say either way.

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Thank you much for your advice man.

If it was listed or brought to your attention on a previous investigation It needs to be listed again. Not doing so can bite you in the rump. EVER truly does mean EVER.

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Yes I read his question and responded too fast.

Was the case adjudicated in juvenile court then?

No. It was adjudicated in adult court.