TS, Going for SAP/SCI, 3 Felonies, no charges

SECURITY CLEARANCE Q&A
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Hello All,

My story starts with a Secret clearance in the Marines. Went to college, got out and immediately got a TS (took 1 month) and then SAP (6 months) for a prime contractor.

Left that job for a promotion at another prime and kept the TS but didn’t need the SAP anymore and debriefed.

Now recently, I was driving home and a road rager attacked me. I didn’t back down and he tried to run me off the road. I came up on my exit and left having “won.”

Well this guy called the police and said I pulled a gun on him. I didn’t, but I did have my unloaded handgun locked in the glove box.

I was intercepted at an exit 4 miles down the road. I pulled over without being prompted and cooperated with law enforcement. I have a lawyer and answered no questions per his direction, despite my innocence, that was for a judge to determine not the cops.

They called the guy and told him to come identify me. He refused. Then they said identify me over FaceTime, he again refused. I cooperated and they put me in jail.

I’m squeaky clean before this mind you. Corporate manager, several masters degrees, honorable discharge, new daughter, perfect credit, no debt. Even all my character references are cops!

Anyway, I look at what the cop l, another Marine, wrote and he put me in for THREE FELONIES! My lawyer said they were all pretty absurd.

Catch this, arraignment time comes and I’m not on the calendar. At this point I’d already reported the arrest to my FSO.

It’s now been 6 months since this went down. No charges, no police report, nothing. The guy who attacked me, I know nothing about him and he obviously didn’t want to pursue this because I’d sue him into oblivion.

But now I’m staring down a 2.5 year statute of limitations before I can seal them. I am not ashamed of anything I did. I defended myself. I reported it to the FSO and I’ve never EVER been charged with a crime in my life.

I’m about to get another promotion to an even higher level of seniority and it requires SAP.

I’ve been on SAP before and I believe I’m trustworthy. Even my wife has no idea what programs I’ve been on.

Thoughts?

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Arrested and jailed, but no police report, no criminal complaint, and no arraignment? So, what records will you have sealed? I assume you can prove you were arrested and jailed.
What does your attorney say about suing for false arrest/false imprisonment?

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I think if you didn’t carry a gun in your glove box you would have an easier time proving your innocence to everyone and perhaps law enforcement would have used some conservative discretion and not charged you with 3 felonies. LE obviously had some doubts about your story and it does seem confusing that you were “attacked” while driving?

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I second Henderson’s question - you were jailed, but there is no police report or an arraignment? You reported to your FSO which is the good thing. If you want to take a chance on having to explain it further by accepting the promotion…that’s your choice. Leaving the industry altogether? that seems hasty.

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If the livescan shows an arrest/charge for 3 felonies whatever the outcome, you will have an issue. Maybe more of an issue if there is no disposition and/or the charges were not immediately dropped after your release.

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I’m no expert but, if there’s no charges, then there’s no evidence of anything. One option (not great but maybe better than just quitting and running) is just play stupid. You could say you have no idea why you got pulled over. The only thing they have on you right now is a gun in your car (you are military after all) and a dubious report from a police officer. Technically, as you stated, you have no idea what all that other stuff is about.

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Anyone who is arrested and jailed has been charged with something. Those charges might be dropped later but nevertheless they were made. That’s why the SF-86 specifically asks the question “have you ever been charged with a felony” Felony charges are taken very seriously but there is also a realization that not everyone who is charged with a felony is found guilty. Felony charges can be dropped, withdrawn, or dismissed.

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Were you fingerprinted and booked? If so, you were arrested and charged with something. Again… maybe the charges were dropped later but they were what allowed the police to fingerprint and book you in the first place. Has your lawyer explained this to you?

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What’s the outcome. Is it legal in the county you were in to carry an unloaded gun in the glovebox ?

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If the record shows an arrest, and you obviously must have gone to a first appearance, then you were absolutely charged. Lots of your story doesn’t make sense from your end.

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The entire Midwest and south has guns in vehicles

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I know many midwesterners, myself included, who drive live and feel quite safe without having “guns” in their vehicles. Using the word “entire” is not quite appropriate.

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