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?
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.
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.
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 “
Thanks guys. I believe I can show I’m capable of maintain secrets, I’m not careless and the issues surrounding my felony had extinuating circumstances, I didn’t just create a scam to try to hurt people or institutions. I might have a long and improbable road to a ts, but seriously for the contract I was supposed to be working on the data is just for testing production purposes, it’s classified secret. The agency should see what I “need” access to and should be able to make a determination from what I read.
Heck, I didn’t even “snitch” on my case to receive a downward departure and I probably wouldn’t have received any time.
I just read on a lawyer forum that because I was issued a judicial summons to appear in federal court and was never arrested, records might not be showing up in criminal background as arrest are normally the catalyst to finding cases.
I find hard to believe because my name is clearly attached in court search system pacer.
Again that goes to show if I was really a threat they would have arrested me for felony charges. Some co-defendants were arrested.
Another problem Ed is that I rejected jobs to pursue this one. It’s for a small company and I wouldn’t have just been a cog in the wheel. I like challenges and being a leader. This situation has been embarassing to say the least.
I reached out to a few of the places I denied and told them I’d be willing to accept a role, one came back and said no yesterday… just a mess.
Security clearance lawyers know the ins and outs as it has been said that adjudication is not as transparent or objective. Adjudication varies from agency to agency. This is where clearance lawyers come in. This is a niche and highly specialized field hence the advice. Either way, it’s up to you and I wish you luck.
To further the conversation where can OP find a clearance lawyer?
Also sounds like OP applied and FSO doesn’t want to move on with his clearance papers. This means he can still try to apply else where and see if the FSO will process him. Again he is not denied yet. He hasn’t been in adjunitcation. While I agree his chances are small his chances completely off the tables until his sf86 hits the judge! I say continue to be honest and keep trying to apply until HR and FSO acknowledge the felony but still want to pursue your clearance until a proper judge makes the final call and not the FSO. (FSO makes a decision on essentially a dice roll which gambled your ability to get s clearance, if he deems you worthy he’ll allow you to wait out the process)
An attorney won’t be of any use to the OP. It sounds like the OP was found unsuitable (different from being denied a clearance) based on the FSO’s review of his SF-86. Remember, you always begin employment in a probationary period during which you can be terminated at anytime.
That’s not the case @dave019 .
Apparently, the company doesn’t want to hire anyone with a felony. It didn’t come up on my background so when it was noticed they went into panic mode and suspended me.
I talked to fso yesterday. She asked why I didn’t tell anybody I had a felony. And why did I accept this position if a secret clearance is required knowing I had one.
I told her I knew it could be adjudicated. She said she would get with senior management and get back to me.
I was called to come in this morning.
Its cya stuff going on.
It sounds, to me, more like they either don’t know that plenty of people get cleared with old felonies or they know that yours will be a long haul to get approved.
As noted elsewhere, you have a road ahead of you. This will take time and the company may not want to wait.
They hired me back and apologized for the confusion… they submitted my sf86 yesterday.
Just remember that you will have a number of hurdles to jump during the process. Your felony charge and jail time will the subject of a lengthy interview and adjudication. You could end up with an SOR and hearing or appeal.
Stay around and keep reading here . . . You will find much that will help you through the process.
I have 35k in unpaid debts, will this keep me from successfully passing my Public Trust re- investigation?
"Unpaid debts . . . " Are you behind on payments or do you just have debt?
Two repos from 2013 30k in deficiency so unpaid debts 6k collection. I am in the process of settling one Repo for 3k and making payments on the other repo each repo is 15k respectively. The 6k collection is owned by a debt buyer and the original creditor is out of business.