What are the consequences of using FOIA on your own background investigation


#1

Currently my investigation for a secret is going into it's 10th month. I was never granted an interim because of one credit issue that actually is a moot point now (too old to collect on and happened during a divorce). My current Supervisor is aware of this new job because OPM sent out a reference card to her before I ever was interviewed by an investigator so I could not keep this secret from her until the end. This supervisor is extremely difficult to work for/with and she sabotages' her employees attempts at promotion or growth, thus, I've requested a FOIA on my background investigation. Has anyone ever done this and what ramifications are there, as in, does it taint the investigation? Put a black mark on you with the adjudicator? Prompt the Adjudicator to finally take action? Just curious to hear others experiences.


#2

If you submit a FOIA request for your own investigation before it is closed or discontinued OPM will not send it as it is still an active case. They will wait until it has closed, and it has no impact in the adjudication process. I always recommend for every clearance holder to request a copy of their background investigation once you are notified it is closed and adjudicated so you have it for your records and future reference.


#3

I received my FOIA from OPM on my background investigation. Only issue I could see would be one credit ding which I put on the equip and discussed with investigator (it’s also over six years old now too). However, they had seriousness codes of F and Q - have no idea what that means; they also had “please call” under the area where it says which type of clearance was / is granted. It also did not show what prior employers said - just said pending or acceptable. From what I’ve read about some people being granted Secrets and Top Secrets with past drug convictions, and horrible debt/credit issues, my background would appear to be squeaky clean - so wondering why I’m still sitting in adjudications? Any words of wisdom imparted would be greatly appreciated. Background closed in Feb; total time since submitting equip to now is eleven months for a Secret. I currently have a Public Trust and am a current Federal employee.


#4

I disagree. Especially if you’re in a sensitive position. Connected with IC vs. engineer at defense contractor. A FOIA signals applicant has some concerns. In highly sensitive positions they think, “Hmmm, about what?” IMO, while it won’t affect a standard clearance adjudication, it will be a red flag if you are working or want to work in IC or similar work (S/A, etc). It would be an additional and important weeding tool. And you’ll never know why they passed you over.


#5

You are referring to IC agencies that conduct their own investigations. This posting was in reference to one done by OPM. They are not the adjudicating agency, rather just who holds the repository for the record, hence, my answer to the posting.


#6

If you read my posting, the reason for the FOIA mainly was to see what my current Supervisor had said. I wasn’t concerned there would be surprises in my background, nor was I hiding anything. OPM did the background; DOD CAF (I think) is doing the adjudicating.


#7

I requested my BI under the FOIA/PA, but t didn’t do this until 6 years after the fact.

It was quite interesting to learn just how nasty some people can be when the are given their “moment of fame” by providing derogatory information to investigators. It also helps to learn which of your acquaintances you can trust and which of them you need to avoid!

I would strongly advise against using the FOIA and/or PA until any BI is completed on you.