I just got suspended from my job, due to self disclosure of my felony information On my sf86. Apparently my felony didn’t show up on my background (and it wasn’t asked on my job application) they did and I just got sent home.
I thought the privacy act prevented this type of thing from happening… it specifically stated my sf86 would be screened for completeness.
I just smiled and shook hands and walked out…
I’m sorry to hear that, that sounds pretty horrible. You have a clearance already? So you tried self reporting and they told you to go home? I don’t really understand the whole situation.
No I don’t have a clearance.
I guess my non violent felony didn’t show up in their original check.
Condition of employment is ability to get a final secret. With mitigating circumstances being involved in my felony I feel I will ultimately be considered for one.
I disclosed my felony on sf86. I guess fso made determination to report to HR and I was suspended.
Oh, yea that seems pretty unfair. You shouldn’t be suspended until the final outcome of your clearance AND they shouldn’t discriminate against someone with a record. Unless they specifically state in the hiring process that they don’t hire people with felony convictions. Maybe someone will chime in if this is actually violating any policies/laws.
Can you give (are you comfortable giving) a few more details? How old was the felony, what age were you? What was the disposition of the felony? If it was old news and you paid your price to society, and demonstrated you moved on in a positive manner…I think you have a good case for a lawyer. Particularly if you have a signed offer letter and were working already. I have moved people through the system with misdemeanor arrests, and I tried moving a person with a non violent felony outside 10 years. I was not successful with the felony. However, I suspect there was more to the story and they may have been less than candid on the their poly.
The felony was from 2006, I was 22 and it was for mortgage fraud,I signed a loan for an investment property as a second home. And referred some friends to the home builder. I was superseded indicted after the guy was negotiating a plea deal back in 2009. it didn’t go to trial until 2015. I was indicted in 2010. I went to prison for 18 months basically 10 years after it happened. In the interim I went back to college obtained 3 degrees and had a pretty good career going. I think because the indictment is 8 years old it doesn’t show up on my background. I’m 34 now.
I think you brought this forward before maybe? Time mitigates a lot of stuff. As does age. Completing education tells me you productively moved forward from whatever you were previously doing. Yes 2006 is outside 10 years but close enough to speak to it. Any chance you remained in touch with the judge, prosecutor? I find establishing them in your corner can be a huge testimony you moved forward and have been doing great things. I would also seek to have the charges dismissed, pled down, removed, whatever you want to call it. That also shows a desire to move forward
I documented it extensively in my sf86. I was an overly ambitious young adult back then.
My charge has nothing to do with writing sql and data scripts for the DoD. It’s actually made me more cautious in life.
On top of that I’ve had my fill of going through the justice system for anything. It’s a road no matter how little you are involved that is long winding and unwinnable.
Due to it being a federal felony expungement only comes with a pardon. I filed in 2016, while I was in prison. I made it to the review stage and haven’t heard back. My sentencing guideline was 9-11 years. There is a reason the judge just did 24 months.
Honestly the prosecuting attorney was actually nice to me after it was over, shook my hand, and wished me good luck. He said he was doing his job because of crackdown and had to follow through due to pressure from his boss.
I didn’t realize how much of a game/system it was until I went through it.
@amberbunny the disappointing thing is that the privacy act notice I was given before I filled It out said anything I put in my sf86 would be used to verify it was completed accurately, not for employment. Is that how you view the completed form as a fso?
Thanks for the info, experience as an fso, and voice of support.
The fso and hr manager just tried to call me just now. I will call back after hours and leave a voicemail. All conversations will need to be documented from this point…
Not to mention all new hires have a 90 day review policy for performance, who’s to say this will not try to be their out. I turned down more lucrative job offers and took a lower role and became hourly at my old job to take this chance.
You are going to have a very hard time getting a security clearance with a felony fraud conviction. If I were you I would seek out other types of work outside the government. Best of luck!
I hear you @dave019
I wanted to take a shot at it. At least I know if it was a possibility. Especially after all the pushes for banning the box and “second chances”. I have spent a tremendous amount of fine educating myself and being involved in multiple industries. I’ll be an asset wherever I land.
Thanks for the well wishes.
Don’t let anyone tell you that it’s hard to get a position in the government with a felony conviction. I know someone working for the VA right now who has a felony conviction from 1998 for marijuana.
At the end of the day, if it can be mitigated, then you should be okay.
Fraud and drug possession are apples and oranges, so to speak. Also consider the agency you just used as an example (the VA)… need I say anything else?
Thanks @bd1985
He was just offering his opinion and I’m sure others reflect his sentiment. I’ve learned through people that don’t have felonies, they’ve done some boneheaded things they are glad they never got caught doing. Trials and tribulations are what life hands you. It’s how you deal with them.
I suggest contacting your state rep and/or governor. Our governer has pushed legislation through to pardon non-violent felonies for non-repeat offenders, just for the employment factor like you’re experiencing.
Good luck!
Fraud laws aren’t as black and white as you think.
Wire fraud/bank fraud are generic charges. You have to look at the context of the participation. I sent an email to broker with a referrals information. That referral later buys a property. I had nothing to do with the transaction. But because I should have known and without me they never would have connected, My email was wire fraud. There are over 3000 felony statutes in federal code and tricky ways to apply them to situations.
Like I said you live and learn. It’s good most people don’t have to deal with it. But there is a reason 1 in 4 adults have a criminal background and it’s not always because they are bad individuals.
Case in point. My ringleader co-defendant was arrested two years into our 5 year wait to go to trial… for doing exactly what he did to me and my referrals in another part of the country. Some people just like to cut corners. I’m honestly not one of them. So hopefully adjudication is something that fits my situation.
My lawyer was a top guy in the area. He advised me to plead guilty regardless of my arguments due to my business relationship with those that did it. I will never forget the conversation we had.
He told me he couldn’t advise me to plead guilty even if I was innocent, but because I couldn’t PROVE I was innocent it was an uphill battle. He looked me right in the eyes and asked me rhetorically, would you rather spend little to no time in prison, take it on the chin and plea guilty. Or maintain your innocence, go to trial, have people lie about you to protect their Co-operation/plea deals and there is a strong possibly of going to jail for 9 years? I asked him what would he do with his 20 years of experience, he told me don’t risk doing that much time for pride.
I wonder what state that is… Plus it’s a federal felony not a state one.
If not sure if it makes a difference if your conviction was pardoned as you’ll still need to report it anyway.
I agree with @dave019 here… it’ll be difficult to overcome a felony fraud; however, it is not impossible. Although adjudicators utilize “whole - person” concept, some agencies might not be as forgiving given that they ultimately make suitability determination.
You might want to seek a professional and legal advice on that one. Security clearance attorneys do offer free consultation services or for minimal fees.
@needhelp - I don’t believe it is impossible for you to obtain a security clearance, I believe it is unlikely. In the clearance world - 9 years is the magic length of time that forgives just about anything. The problem with your circumstance, as described, is that most agencies will likely consider your offense a direct nexus to most positions you are applying for that require a security clearance. Meaning someone with a felony fraud conviction, such as yourself, shouldn’t be working with classified or sensitive information, ever.
Let me give you an example - A guy I know, always wanted to be a police officer. He obtained his B.S. in criminal justice, was in great shape, etc… He had two problems - when he was 22 he got 2 DUI’s pretty much back to back. This guy is now 35 and never became a police officer, he applied to numerous agencies and always got the same - “thanks but no thanks” letter.
Would he have made a good police officer? Likely, however, no one wanted to take a chance hiring someone with that type of baggage. That is the unfortunate part of having a criminal record and applying for certain jobs with a local, state or federal government agency. Which is why I advise you to seek out other types of work outside of the government. You are like the guy trying to become a police officer with two DUI’s - no department is likely going to touch you.
Truly, I wish you the best, I’m not being hard on you - just frank. Again, best of luck.
I believe that you can get a clearance . . . The problem is that the company that you applied with is not willing to wait the 18 - 24 months that it’s going to take you because of your conviction. Look elsewhere . . . Look at the non-cleared world in order to be earning money and look at cleared work at the same time. The company that let you go MAY be willing to keep your clearance application in process.