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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As @backgdinvestigator stated, not all juvenile records are expunged. The poster who wrote “if the case had been handled in juvenile court, then all the records from it would be sealed” is uninformed. Be cautious of posters who make blanket statements like that.
The handling of juvenile records varies from state to state, and sometimes from local jurisdiction to local jurisdiction. In my jurisdiction juvenile records are certainly -not- sealed.
To the OP: I get that you’re coming here for help, but it’s hard to miss that you’re qualifying your statements. You wrote that at the poly “I told the whole truth to the best of my recollection.” We’re talking about the time you were charged with a felony, right? Even if it was 10 or 15 years ago, how fuzzy can it be?
My protip: Go to the courthouse and get a copy of whatever file exists. Take a day off if needed. Retain local counsel if needed. Get all documents available pertaining to your case, put them in a file, and keep them forever. There should be no daylight between the official record and what you testify to during your investigation. If you tell me “well, it was a long time ago, I don’t really remember,” I conclude that you’re willfully not remembering for a reason. Otherwise you’d be prepared and have all the information at hand so you can answer all questions fully and truthfully and not “to the best of your recollection.”
Thankfully, I have not been charged with a felony. But I do maintain a file that contains every speeding ticket, parking ticket that went to summons, under $500 accident report, and any other police document I have ever received. That way I can tell an investigator confidently that I paid a fine of $172 in Blairstown Municipal Court on Dec. 3, 2003, for the speeding ticket I got from the New Jersey State Police. I know this because I am holding the receipt in my hand.
If I can report the details of my 2003 speeding ticket, you should be able to report the details of your 2005 felony rap.
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Thanks a lot for your advice. I have actually tried to obtain my record from the court. But they said they don’t have it. I don’t know if it’s because the arrest was expunged or not . Is that possible ?
No idea. Depends on your state and sometimes depends on the practices of that court. Did you just call? Or did you visit in person? Have you filed an actual written request? Do you still have your case number? Have you tried the law-enforcement agency that filed the charges?
None of this is intended to get you in trouble or damage your chances. The goal is for you to have all the facts at your disposal so you can give the investigator (or polygraph examiner) a full and complete account of the matter.
I live in another state now. So I just called. I will try a different avenue next week to see if I can get these records. In the meantime, I emailed the polygrapher to ask him if it is too late to provide my case documents to him. I assumed it is too late. I do have a case number by the way and I provided that to the polygrapher.
Having said all that, it is just my assumption I fail this poly.
Update: I have received a call from another polygrapher to come back to clear up some stuff on my previous polygraph.
Any thoughts?
Did you end up getting the security clearance?