WTF Happened and why will I not be able to appeal my security clearance denial?

The agency closed my application and somehow I will not even get a chance to appeal the decision or an SOR because according to them, I did not put down something on the SF86. However, the SF86 did not ask me this question at all.

I always wait to meet with investigators to talk about it and this has never been an issue. Somehow, I was set up with the poly first and the moment I saw the question on a questionnaire, I answered it truthfully. I did not even take the poly. They sent me home. 1 or 2 months later, the security clearance investigator started the background process and interviewed EVERYONE.

How come I will not get a chance to dispute the security clearance denial?

You cannot dispute it because it’s a suitability denial and not a clearance denial. Your file didn’t make it to an adjudicator. Rather, you were stopped from processing due to conflicting information/withholding information, etc.

You will likely get a letter saying you can reapply in one year or something similar.

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This is so freaking heartbreaking. I was meant to do that job. It was over some bs I did 11 years ago when I was a kid. I got another law enforcement job with a District Attorney’s Office, so I do hope that that agency gives me another chance.

If you reapply, just put whatever you did 11 years ago on the form if it falls into an “ever” question." You will always have a chance to explain what happened with your investigator, but not putting it on there and waiting to be called in to talk about it is quite literally intentionally omitting a martial fact, and that is not something that is generally looked at favorably. I hope you get a chance to reapply for your dream job!

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Which question in the SF86 specifically says “Have you ever committed a crime?” Because I would’ve put that there in a heart beat. Not was that only 11 years ago, but I am ashamed of it, everyone in my family and close friends know about it. They know I’m not 18 years old anymore and like I said, I’m already law enforcement. That can certainly be medicated. I wish that they saw it the way I do because I was far from trying to hide or omit this dumb mistake.

I have gone through this process before and no one ever made a big deal about discussing it with the investigator instead of the SF86. I wonder if this agency will even give me another chance after this smh

You can google an SF86 but the EVER questions are

  • Have you EVER been CONVICTED in any court of the United States of a crime, sentenced to imprisonment for a term exceeding 1 year for that crime, and incarcerated as a result of that sentence for not less than 1 year? (Include all qualifying convictions in Federal, state, local, or military court, even if previously listed on this form)

  • Have you EVER been CHARGED with any felony offense? (Include those under the Uniform Code of Military Justice and non-military/ civilian felony offenses)

  • Have you EVER been CONVICTED of an offense involving domestic violence or a crime of violence (such as battery or assault) against your child, dependent, cohabitant, spouse or legally recognized civil union/domestic partner, former spouse or legally recognized civil union/ domestic partner, or someone with whom you share a child in common?

  • Have you EVER been CHARGED with an offense involving firearms or explosives?

  • Have you EVER been CHARGED with an offense involving alcohol or drugs?

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But that is exactly my point and why I answered NO to all of those questions. I was never convicted, charged, accused, prosecuted. What I have to put down, I do it because I was honest thinking that the truth would set me free. And being honest seems to be the worst thing that you can do in my personal opinion because I have been denied jobs over that. I’ve been told by a lot of the people that already have the jobs that they did it and did not disclose it. Live and learn

I don’t know what you did or didn’t do so I can’t comment any further but you asked about the ever questions so there they are. When talking to sources we do ask questions that would elicit information concerning criminal conduct, behavior, or arrest. We also look at other sources for additional information. Any of these sources could have provided something. Without looking at your case there is really no way for me to pull it apart and know what is going on.

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I provided the explanation on another thread. But in summary, my high school friends convinced me into getting a hooker. I was single young and stupid.

What question exactly were you asked and was stopped immediately after that question?

I read in another thread about the situation, was the person underage? That will make a huge difference.

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No not under age at all. And the question was “have you ever been a John” to which I immediately explained the situation and how long ago it was.

If they asked me that question they would have to explain what they meant first lol. As far as not listing what you did in your younger years, I can’t think of a place right off hand where that would be asked about on the SF86. All I can think of are questions where I would elicit that information in the Subject or Source interviews.

Exactly! No where on the SF86, was this asked. This is why I don’t understand how the agency was saying that I “lied on it” because I did not list it. Again, nothing I can do but watch my dream slip through my fingers.

I had a similar situation happen where the agency rescinded my offer and stated that I failed to list that I was either fired or quit in lieu of being fired … and that literally NEVER happened. This was my DREAM job and the reason I got a masters degree. I was devastated. I called everyone I could think of and I never could get to the bottom of it. To this day I have no clue what happened. Now I am an over-qualified background investigator, but I’m at peace with it now.

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Damn I’m sorry man. Why didn’t you apply for it again later on? Would an agency even take you after the first time that they find you “not suitable”?

I didn’t reapply due to some medical reasons. Life hits ya hard sometimes and you have to adjust. Like I said, I’m at peace. Whether the agency may take you in the future, I don’t know. Background Investigators don’t deal with that aspect of the process. Some investigators may speculate but speculation is all it would be.

Yeah life does that more often than not. But hey I’m happy that you’re at peace. You guys do a very important job. Thank you so much for taking the time to respond.

Being hired by and working for the DA’s office is different. They don’t have the same standards. And I’m sorry to say that your assessment of “I was meant to do that job” is not the criteria either.

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I know it is not the criteria but clearly neither is integrity. Hadn’t I mentioned that, there wouldn’t have been an issue.

Was it in the Adjudicative questions? Where we ask if you have ever engaged in any illegal activities that you have not disclosed because they had gone or have gone undetected? Or the one where we ask if you have engaged in any sexual behavior that is of criminal behavior, even if not prosecuted? That’s the only place that I can think of where that would even come up honestly… if you weren’t arrested for it, you’re right, it wouldn’t have come up on the SF86.

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