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.
Update ——
They hired me back and apologized for the confusion… they submitted my sf86 yesterday.
Cya mode
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.
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I have 35k in unpaid debts, will this keep me from successfully passing my Public Trust re- investigation?
Any tips?
"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.
thoughts?
Also behind on mortgage but on a repayment plan. 15k good car note and 3k good cc is all the other debt.
I’m excited just to get the opportunity. It’s a second chance. If the same government can both take and restore something for me to get my life back on track that would be truly a great thing.
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I can imagine that if you are taking care of them by entering payment agreements with your all debtors and you are making payments, you should be fine. Reinvestigation of public trust positions is a relatively new requirement. So, I’m not sure if the reinvestigation criteria will be the same? Nonetheless, I encourage you to take care of them sooner rather than later.
While reviewing my response, I neglected to add something I think is important. I mentioned that security clearance process is not as transparent. What I meant is that… at least to my knowledge… that there are no cases and decisions concerning fed employee applicants that are public with Defense Department (DoD). I believe that Department of Energy might have something, but the same cannot be said for DoD. Even with contractors, decisions at the lower levels are not published, only the appeals. This is where clearance attorney comes in hence the advice.
Ahhh makes sense now. Thanks for the follow up
What is current FICO? Bankruptcy may be the ticket. I have submitted several for clearances and they were successful with bankruptcy. And several cleared people who filed. Still cleared. You take a hit but I know of one case where they were at a 680 credit score in 6 months. That is good for clearance purposes.
That was my first option and I was told I make too much over the last 6 months for chapter 7 and after changing my withholding I was told I am making too little.
Scores are 600 even. I have a letter from my BK attorney indicating the above. Did you see my last comment?
You had a bankruptcy attorney tell you that “you made too little” for a bankruptcy claim? That doesn’t line up with how that works. But there may be other reasons you do not qualify. They normally look at all debt, and income and make a determination. Student loans cannot be discharged, and other things have restrictions. But making too little for the debts owed is normally how it works. A 600 even is better than many I see. You aren’t too far from the 650 I aim for in submitting people. But I only deal with clearances not public trust. But the words “High Risk” tells me they have standards you must meet.