TS Cleanrance with a (Nolle Pros) dismisses felony arrest

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also take into account that we have seen a number of people with Secret who are denied TS and then have their Secret repealed.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.

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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.

I had my poly done. I am not feeling too good about it. Polygrapher felt like I was not providing all the details about my arrest etc. I told the whole truth to the best of my recollection. Toward the end. He said, I have 3 options. Either I pass, fail and call back for more questioning. And then he asked, if I would be willing to comeback for more questioning to clear up the details of my arrest etc. He said his boss would make the final decision.

Any thought ?

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You just got to do what they want, don’t lie, be 100% honest, and hope for the best. Nobody on here is able to make the judgement what the end result will be. Ill be honest, you were charged with a felony, the felony was 100% your fault, now the poly don’t think you are being honest. Personally If it was me I would look for a employment backup plan, but that is me. If they call you to redo it, you still have a chance.

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Yes, I didn’t lie. Again this arrest happened 15 years ago. I have a good job already. If I don’t get this one, it won’t be the end of the world.

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I asked, because if the case had been handled in juvenile court, then all the records from it would be sealed.

No it wasn’t. But the record has been expunged.

Not all juvenile records are sealed nor do expunged records disappear entirely.

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