Log in

View Full Version : Help! Security Clearance question


EmilioT120
Nov 7, 2015, 01:39 AM
Quick introduction,

I've had a few run-ins with the law. Been arrested about 4 times. I've never been convicted of a felony, and all of my charges were dismissed. Currently, none of my records have been expunged on the state-level, but I intend to do this very soon. When I expunge these records, I will also send a request from the state to have the FBI expunge the CJIS records. (If that is even possible.) . Also, I will send a request to the FBI to remove my DNA from the database.

I will be attempting to get a Security Clearance (Secret). I'm wonder, will anything show up when they look me up after the expungement of the CJIS records and state records. And if I request a CJIS record of myself is that exactly what the other person or company will be seeing? And lastly if they are removed, can I answer -no- to: "have you every been arrested".

I appreciate any feedback!!

Fr_Chuck
Nov 7, 2015, 03:20 AM
Every arrest will ge on your record. So if they ask if you were ever arrested, you must say yes, if they ask convicted, you say no.

No, what you see, will be a very edited version, the government will see everything. Also depending on what this is for. They may even send people to investigate things in person.

Also you can't expunge charges, just convictions. But even expunged records show up for National Security checks. Expunged does not mean they are gone, it merely means it does not show up for normal searches.

smoothy
Nov 7, 2015, 11:33 AM
With a secret clearance or particularly a higher level... every run in you ever had with the police WILL be turned up. As Fr_Chuck stated. In most cases it will be a deal killer and cause the clearance request to be failed.

IN the several jobs I have had that required them over the last 30+ years.....NOBODY that has ever been arrested has passed the clearance background check. (not saying its impossible, just that I haven't seen it happen). They are looking for reasons to believe you are less than completely reliable or trustworthy...and more specifically...if you put yourself in situations that someone can use as leverage against you. Meaning an Arrest is a big red flag, but not the only situation or situations that can result in being rejected.

AK lawyer
Nov 7, 2015, 11:37 AM
... So if they ask if you were ever arrested, you must say yes, if they ask convicted, you say no. ...

If in fact OP was never convicted of anything. OP wrote that "I've never been convicted of a felony, and all of my charges were dismissed." I'm not sure if this means OP all charges (including misdemeanors, etc.) were dismissed or not. Often the question will say something like "have you ever been convicted of a crime (excluding minor traffic offenses". OP should answer each question truthfully.

Fr_Chuck
Nov 8, 2015, 12:21 AM
It has been some years since I did the government security, and not of course really clear about what exact level.

But at the time we used to do the security clearances, they were to list any time they had been arrested and the disposition, also traffic tickets for the past 15 years.
Of course we also had people visit the locations the lived for the past 10 years, interviewed their schools and more. (for high enough clearances.

On my clearance, it was almost scary. They had lists of girls I had been "close to" in university and even some of the things I said when in university. Every gun I had ever purchased, even some from private sellers,

EmilioT120
Nov 12, 2015, 10:10 PM
Hey guys I really appreciate the feedback. I have a few other questions, just to clear things up.I wouldn't lie if they asked me if I was ever arrested. I know the security clearance is about honestly. My question is how much detail will they see when they pull up the report. Say everything is expunged and everything shows dismissed. I want to cover everything up as much as possible. Any advice?

Hey guys I really appreciate the feedback. I have a few other questions, just to clear things up.


I wouldn't lie if they asked me if I was ever arrested. I know the security clearance is about honestly. My question is how much detail will they see when they pull up the report. Say everything is expunged and everything shows dismissed. I want to cover everything up as much as possible. Any advice?

smoothy
Nov 12, 2015, 10:27 PM
On a security clearance... its going to show up... as an arrest but not a conviction. As was mentioned expunged isn't erased... nothing is ever erased. Just answer truthfully. IF it asks arrested, you have to say yes.. (and it will ask for details if you answer yes) More likely if memory serves me right from the last one I had to fill out ( and I've done a number of them over the years) it's going to ask if were you convicted of a crime to which you can honestly say no.

Fr_Chuck
Nov 12, 2015, 10:34 PM
On a security clearance, nothing is expunged, (there will be a note on the file, saying that the record was expunged, but the record will be available. And if they wanted, they can get more information from the arresting police department, they could even call the actual arresting police officer, and ask him to look at his private notes. (almost all officers carry a small note pad and make private notes about arrests.

If it was dismissed the record will state dismiss, again, if they want, they can contact the DA's office and discuss why it was dismissed.

If it was dismissed for lack of evidence, or was it a plea deal to turn over other criminals. It can all be found out.

It is honesty that they want, I remember the question did you ever use Marijuana (POT) and it said one or two times, and so on. Well, I was a active user in college, never arrested, but I admitted to using, and said about once a day for 3 years.
At that time, (and perhaps because of some of my special skills from the military that they wanted) my clearances went though, but it did take over a year for my clearance to get completed.

Oliver2011
Nov 16, 2015, 12:52 PM
I am going through my five year investigation for the however many time and they are thorough. Thankfully it is the way it is. You don't have to be a perfect person. They are looking at your character and patterns of behavior. If they find that you have lied on your very long and detailed application, then it's probably a direct line to not getting your clearance. So I wouldn't advise that at all. Most clearances do take a long time so consider that the norm. They sent me a question back after the first go round two times and I finally responded "The answer isn't going to change no matter how time the question is asked". They didn't care for that.

Fr_Chuck
Nov 17, 2015, 04:18 AM
Heavens you should see the issues my son is having now. His father living in a Communist country, working for the government there.

He said it took almost twice as long this time to be renewed.