I don’t understand what the legal question is?
Unless you are asking about probability from their personal experience, The lawyer knows their is an adjudication process as much as I do, he might phrase the response to the SOR with more legalese than a common person, but other than that I don’t see the need (I’ve been in and out of courtrooms, depositions, interrogatories for so many matters both civil and criminal for various companies, individuals, and myself), that I know lawyers are experienced in the arena and have good research assistants.
I’m waiting to see how my employer is going to try to skirt around violating the privacy act of my sf86, post hiring, to suspend and/or try to fire me. Even if they bring me back they are risking a hostile work environment for me because now, my team of 12 is going to wonder where I’ve been the last x amount of days and I just started two weeks ago.
There was no declaration of disclosing a felony on application, the background screen came back clean, maybe the company screwed it up, but that’s not my fault. I worked for 9 days and after I fill out the sf86 I’m suspended due to my self-disclosure being investigated.
The HR manager called me yesterday to state their lawyer asked them to run my background again. I said “go ahead, you won’t find anything I didn’t list on The SF86 “