Unsuitability determination for omitting. a misdeamonor. Please help

Hello all,

I was a contractor for SSA. 3 weeks ago i accepted an offer on a different team as a contractor ,but still at SSA. In April of this year my girlfriend and I had an argument in the parking garage of her job which is SSA as we’ll. Federal protective service came to my job the following week an interviewed me then gave me a Violation notice "creating a disturbance ". I had a initial court appearance with a public defender. On 7/7 the contract co for the new job asked me to fill out a OMB306 "declaration for federal employment form. I unintentionally checked “NO” under the - Do you have any charges pending against you. On 7/14 I resigned from my current contract co. I was suppose to start my new job at SSA on 7/16 but received a call stating they got a letter "unsuitability determination " I called my public defender and she stated that the prosecutor for this case stated it’ll be dismissed because nothing happened. My court case is 7/6. I sent in an appeal for the clearance. Could someone please help me on what to do next and what are my chances or receiving my clearance back . Thank you so much !


Clean record.

A few things you should be clear on:

  1. A suitability determination has nothing to do with a clearance; it is a determination as to whether you are suitable for a certain position

  2. The OF-306 is a pre-screening tool used during the hiring process and when a discrepancy such as you have described occurs then it is a pre-employment decision not to hire you because of the appearance of dishonesty.

  3. Depending on the agency, procedures vary as to whether they are required to tell you why they withdrew the job offer or give you due process in order to mitigate the issue.

It does not matter if the charge is dropped, the issue is that you did not disclose the pending charge. I would try and talk to your recruiter of point of contact and try to explain your circumstances. Other than that you really have no recourse.


Thank you for the reply. I got a contact for a women that work for contract suitibility office or COTR. What is the best way to explain that it wasn’t intentional … I did not mean to lie. Just an oversight.

You answered you own question: it was an unintentional oversight!