Can You Get a Security Clearance With an Expunged Record

Security Clearance

A security clearance is a status granted to individuals allowing them access to classified data. Those trying to get a clearance may have questions such every bit how does one become near attaining a clearance? And, what are the different levels? As well every bit other questions. This surface area will allow those that have clearances offer communication and suggestions to those inquiring about clearances or upgrading their clearances.

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aux26

#ane Posted : Tuesday, November 16, 2010 6:42:09 AM(UTC)

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  For a Surreptitious clearance, "Take y'all e'er been charged with or bedevilled of any firearms or explosives criminal offense", what if it was a minor improper  personal firearm transportation accuse, pocket-sized fine, no jail, xv years ago and it was expunged?  I hear some say if its expunged, its ok.  Others say they will find it every bit its non totally gone?  I tin can't remember how this question was asked on my public trust clearance but there was no consequence getting that.

Too, the question to list family members and residences.  What if you are not in contact with any family unit and accept not been aware of their location for 10+ years, is that a problem?

Thanks


    Camilla Rene Adams

    #2 Posted : Tuesday, November 16, 2010 9:23:59 AM(UTC)

    adamsc24

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    You are only responsible for information going back from 7 to 10 years.  And then if information technology is not inside this timeframe, and then you are non obligated to reveal information technology.  If there is no timeframe then you should reveal it.  As far equally family members become, I am non nor was I in contact with whatever of my family members for many years, simply I did look them upwards and provide last known addresses.  Yous are obligated to list all of your relatives equally listed in the eqip whether you take contact or not.

    The process isn't as bad equally you think. Be Patient. Everyone'due south circumstances are not the same then relax.

      liaisonguy

      #3 Posted : Tuesday, November 16, 2010 eleven:58:06 AM(UTC)

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      Read the SF86.  Question 22 Police Record, states " For this item report information regardless of whether the tape in your case has been sealed, expunged, or otherwise stricken..."

      Then for cryin out loud, yes, you need to respond yep to detail 22 d.

      Then you ought to add a comment to the form explaining that it was 10 years agone, when you were a juvenile and you paid the fine $XX fine.  That will likely mitigate well.

        BackGdInvestigator

        #iv Posted : Tuesday, November 16, 2010 1:30:27 PM(UTC)

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        liaisonguy is correct. The question is "Have y'all EVER...." Not reporting a required disclosure item considering yous thought it was expunged is why I brand a pretty good living. There are records other than the courts --- and nosotros showtime with the law enforcement agencies before the courts regardless. This inicident would be a small issue level if it was more than than 9 years ago --- and reported.

        Information technology becomes a disqualifying issue (honesty/integrity) level upshot if not reported and discovered.

        Your choice.

        As for the family members, you are required to report them - you can explain that you are estranged, but you will have to explicate why you are estranged. Leaving off reportable family members can crusade you problems. No where on the grade does information technology instruct yous to list only the relatives that you lot want to list.

        *DISCLAIMER*Correctly filling out your security forms will not guarantee you a clearance in iii months Simply exist sloppy and your case will exist in the field a heck of a lot longer, guaranteed.

          aux26

          #5 Posted : Tuesday, Nov 16, 2010 1:56:24 PM(UTC)

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          MySF86 says  "For this item, report data regardless of whether the record in your case has been "sealed" or otherwise stricken from the court tape. The
          single exception to this requirement is for sure convictions under the Federal Controlled Substances Act for which the courtroom issued an
          expungement gild under the authority of 21 U.S.C. 844 or xviii UsaC. 3607."

          I read information technology but it didn't mention specifically expungement like your quote so not sure why the difference.  I will report it at present that I know.  It was xv years ago so will it merely finish there?  Not so much as a parking ticket since and constant federal employment since then likewise.  So will it just automatically become through or filibuster the time it takes to become the clearance or go to adjudication or what.  I guess initially they said the security office tin run a computer check and go the results that 24-hour interval and effect the temporary clearance and expect for the final.  Does that sound right and what is this one mean solar day clearance?  If in that location is whatsoever chance in that location will exist an issue, I want to know before I leave my current bureau.  Thank you.

            Camilla Rene Adams

            #6 Posted : Tuesday, November 16, 2010 nine:25:51 PM(UTC)

            adamsc24

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            liaisonguy wrote:

            Read the SF86.  Question 22 Police Tape, states " For this particular report information regardless of whether the tape in your case has been sealed, expunged, or otherwise stricken..."

            So for cryin out loud, yep, y'all need to answer yes to item 22 d.

            And so you ought to add a comment to the form explaining that information technology was 10 years ago, when y'all were a juvenile and you paid the fine $Xx fine.  That will likely mitigate well.

            I read Q22 and it certainly does state to reveal your law record for certain crimes regardless of expungement, sealing, etc.  And then if you accept been arrested for whatsoever criminal offense listed then y'all are responsible to answer and then explicate.

            The process isn't every bit bad as you lot think. Exist Patient. Everyone's circumstances are not the aforementioned so relax.

              aux26

              #7 Posted : Saturday, November 20, 2010 3:12:28 AM(UTC)

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              I was sent an older version of the form that why my re-create did read differently from others quotes.  Now that is straightened out, what is this quick check they practise that they get an answer back right away on?  I assume its for the interim clearance?  Would my situation accept to go to ajudication  for i event xv years ago or might it be usually candy?  The reason I ask is I won't get out my current agency until I know that the new clearance wont be a trouble.  Thanks.

                Camilla Rene Adams

                #viii Posted : Saturday, Nov 20, 2010 six:13:38 AM(UTC)

                adamsc24

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                aux26 wrote:

                I was sent an older version of the form that why my re-create did read differently from others quotes.  At present that is straightened out, what is this quick check they practice that they become an answer dorsum right away on?  I presume its for the interim clearance?  Would my situation have to get to ajudication  for ane consequence 15 years agone or might it be normally candy?  The reason I ask is I won't exit my current bureau until I know that the new clearance wont be a problem.  Thank you.

                It's a curt form that y'all initially fill out.  It basically gathers data on items that could perchance exclude you lot from a clearance.  If you marking something on the form that may perchance disqualify you then they volition deny an interim and proceed with the investigation which could final a very long time.  An investigator will come across with you to hash out any issues that may be of concern like finances, drugs, alcohol, mental stability, foreign  relationships, etc.

                The process isn't as bad every bit you think. Be Patient. Everyone's circumstances are not the aforementioned so relax.

                  aux26

                  #9 Posted : Lord's day, Nov 21, 2010 12:59:59 AM(UTC)

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                  Ok thanks.  Do y'all know what class # that is for the Secret, I'd like to run across it ahead of time?  Am I to assume that if information technology goes through the quick check ok and I go the interim that whatever other bug would be very minor and almost all would get the total later?

                    Nick

                    #10 Posted : Sunday, November 21, 2010 2:21:47 AM(UTC)

                    Beagle

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                    aux26 wrote:

                    My SF86 says

                    That is the class #

                      aux26

                      #eleven Posted : Lord's day, November 21, 2010 ii:34:27 AM(UTC)

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                      Alright, I recollect I sympathize, and yes I did exercise tons of searches to get info.  The SF86 info will exist used to to a quick search to meet if I can exist issued an acting.  I'm being told they accept the results that twenty-four hours, is that correct I volition know that soon?  And when I become my acting, I'll just wait for the final which may be a few months.  Am I all clear on this?  Thanks.

                        Jim Hennessey

                        #12 Posted : Lord's day, November 21, 2010 vi:07:12 AM(UTC)

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                        Beloved aux26,

                        I accept provided some basic information most Interim security clearances (both for Secret & Height Secret levels).

                        In most cases (well-nigh) the following happens in obtaining an Acting security clearance.

                        For Secret (Acting):

                         Obtaining an Interim Cloak-and-dagger may be granted on the basis of a favorable review (basically a look-see) of an applicant'due south properly completed + submitted SF-86, a favorable review of local personnel, base of operations military law, medical and security records every bit appropriate, and the (formal) submission of a request for a NACLC (National Agency Cheque, Police Checks, Credit).

                        For Top Cloak-and-dagger (Interim):

                        A favorable review of the properly completed + submitted SF-86, a favorably completed NAC (National Agency Check), a favorable review of local personnel, base of operations/military machine law, medical and other security records as appropriate, and the (formal) submission of a request (SF-86) for a SSBI (Single Telescopic Background Investigation).

                        I strongly suggest that every clearance applicant provide any + all relevant, related explanations (almost any bug) on page 17, the Continuation Space in the SF-86 or in the Comments Section(s) while in e-Quip.

                        Many Interims are denied due to listed items (issues) that are not fifty-fifty explained or properly elaborated on.

                        If you simply listing whatsoever bug (past or present), and leave it at that, most probable that Interim will exist denied.

                        The day y'all sit down to e-Quip to complete your SF-86, that Annotate Department in the SF-86, while in e-Quip, is your best friend for that 24-hour interval.

                        Yeah, your all-time friend.

                        All the same, if an bidder explains (via folio 17 or in the Comments Section in e-Quip) and presents their side of the situation, in honest, candid, adequate, and with all required details, then that person has a greater gamble of obtaining that Interim.

                        Most applicants who are denied an Interim will (eventually) obtain the Concluding clearance, after the background investigation (bi) is completed and so after it is fully adjudicated (downwards the road).

                        But this occursafter they have been interviewed by the Investigator, when all field work is completed, all tape checks done and the applicant advised the Investigator of the (issue) details in the interview, which if properly explained (disclosed) initially on folio-17 or in the Comments Sections in e-Quip,  may have been granted that Interim in the beginning (much, much earlier).

                        Then, if you want that Interim denied, ignore these suggestions.

                        Unless properly documented mitigating information is submitted with the SF-86, Interim clearances are often denied when the applicant list any bug (without explanations).

                        Elaboration (or explaining problems) may (recall may) be the determining factor in getting granted that Interim.

                        A listed effect need not finish you lot from getting that Interim clearance.

                        Need not.

                        You take to look at how the Govt grants/denies a Interim clearance request.

                        People have to stop thinking that "if the Govt (only) gives them that clearance, then I will get a improve or college-paying job, then I can pay off these debts and my life will then just be wonderful".

                        To whomever and wherever (Readers) this may apply to, information technology just does not work that way.

                        The Gov't is not going to result y'all a security clearance so you can "become the job", or to "qualify y'all" for a possible higher-paying job.

                        Information technology does not work that manner.

                        I accept witness many (many) times folks with either the aforementioned or very similiar issue(s) obtains the Interim clearance, while some other applicant (once again, same or very similiar issue) is denied the Interim clearance.

                        Why ?

                        Because the clearance bidder who took the time, effort, on & on, etc., to properly explain (mitigate) whatever issue(due south) are involved vastly increased his/her chances on getting approved for the Interim clearancevice an applicant who does the opposite.

                        I've witness this (approval/denial) process my entire career.

                        Folks who put in the effort, accept this three-part process (the Application, the Background Investigation, the Adjudication) serious and make very good apply of the "Annotate Department" (while in eastward-Quip) stand up a greater chance of obtaining a Interim clearance.

                        Hope this helps.

                        Jim Hennessey
                        Leesburg, VA
                        Federal Background Investigator (Ret.)
                        Security Clearance Consultant

                          aux26

                          #13 Posted : Sunday, November 21, 2010 7:39:21 AM(UTC)

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                          jhennessey,

                               That did explain a lot and makes sense of the procedure.  I call back my but question now is of a personal comfort level of whether its likely that the expungement of fifteen years ago and estrangement from my family will probable 1) not allow an acting to be issued and two) if its not issued, how the adjudication goes, which it sounds like it will happen simply just takes time.  Other than those two bug, everything else is literally spotless and extremely positive as I've spent a career in a condom-related task with a clearance, albeit, a public-trust position.  Whats the best way to explain the estrangement? Non certain what they are looking for there, life is just better not being in bear on with them, no story to tell.  Also, if you just had to take a guess at all other factors beingness spotless, what do y'all recall the odds of being issued an interim correct off the bat?  Thanks for your time.

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