In 2002 I was going through a bad divorce and found myself spending too much time in the local casinos. So, I added my name to the disassociated persons list and forgot about it. In Dec 09 and for the first time since 2002 I entered a state casino and won a jackpot, during the tax verification process my name was located on the disassociated persons list and I was given a ticket for trepass. I was told it was traffic citation and I paid the fine the day before my court date only to discover it was a misdemeanor. I immediately hired an attorney and am asking to have my plea set aside so I can try and fix this. What are my chances the judge will allow me to do so? If I can't undo this, will I lose my Secret Security Clearance because I plead guilty to Trespass?
Thank you

It all depends, you can get one with all sorts of issues in your past, but not telling them about it and them finding it during the process of background check is a lot worst.

But you will have to actually even get it dismissed not explunged since for security checks they can even see those, ( and even find some arrests without convictions, depending on how detailed search they do)

All you can do at this point is move on with it, but at this point it is conviction, and will show up

Have you been questioned on it ?

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Originally Posted by Fr_Chuck

It all depends, you can get one with all sorts of issues in your past, but not telling them about it and them finding it during the process of background check is alot worst.

But you will have to actually even get it dismissed not explunged since for security checks they can even see those, ( and even find some arrests without convictions, depending on how detailed search they do)

All you can do at this point is move on with it, but at this point it is conviction, and will show up

Have you been questioned on it ?

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I've had a SC since 1982 and it was updated in 1987, 1997 and again in 2006. However, I am concerned it could pop up and I would literally be sent home from my current job which madates a CL.
Anyway, my court date was last week and my motion is scheduled to be filed tomorrow. So, Im wondering how likey it is the judge will allow me to take back my plea and work to have this dismissed or maybe just allowed to plead to something that is not criminal?
Also, once the motion is filed, will my attorney and I actually be allowed to see her in person so we can convince her to allow me to withdraw the plea or does she make a decesion after reading the motion?

Thank you

Quote:

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Originally Posted by Nigeria2007

I've had a SC since 1982 and it was updated in 1987, 1997 and again in 2006. However, I am concerned it could pop up and I would literally be sent home from my current job which madates a CL.
Anyway, my court date was last week and my motion is scheduled to be filed tomorrow. So, Im wondering how likey it is the judge will allow me to take back my plea and work to have this dismissed or maybe just allowed to plead to something that is not criminal?
Also, once the motion is filed, will my attorney and I actually be allowed to see her in person so we can convince her to allow me to withdraw the plea or does she make a decesion after reading the motion?

Thank you

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BTW, I put my name on the list of my own accord and I have never had any other offense in my life other than a speeding ticket 10 years ago. SO, I am or I was lily pure in my life.

If it did not show up before, I would not just appear, If this was done in city court, they often never report their misdemeanors on any national data base, esp going back that old.

In fact to be honest you may have opened up more issues, since now your motoin will bring up the file to current status, so if you don't win, it is very very likely the issue will appear now.

1. they have no reason to hear your motion, your time frame to appeal is long past
2. merely sealing it does not stop national security searches from seeing it.

Personally I think you would have been better off, merely admitting it, writing a multi page form explaining what happened,

Esp if you have a great work background and no work issues, normally something old does not matter as long as it is admitted and explained. Remember they are actually more worried about things you don't tell them, that someone could use for blackmail against you.

Now I have not been with the Feds for many years now ( 15 or so) and I know the rules have changed, but at least this is how it used to be.

Quote:

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Originally Posted by Fr_Chuck

If it did not show up before, I would not just appear, If this was done in city court, they often never report thier misdemeanors on any national data base, esp going back that old.

In fact to be honest you may have opened up more issues, since now your motoin will bring up the file to current status, so if you don't win, it is very very likely the issue will appear now.

1. they have no reason to hear your motion, your time frame to appeal is long past
2. merely sealing it does not stop national security searches from seeing it.

Personally I think you would have been better off, merley admitting it, writing a multi page form explaining what happened,

Esp if you have a great work background and no work issues, normally something old does not matter as long as it is admited and explained. remember they are actually more worried about things you don't tell them, that someone could use for blackmail against you.

Now I have not been with the Feds for many years now ( 15 or so) and I know the rules have changed, but at least this is how it used to be.

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Ok, Ive confused you.

I put my name on the list to ban myself from the casino in 2002.
In Dec 09, I rec'd a ticket for trepass for entering the casino since I had agreed in 2002 not to enter again. My court date was 17 Feb 10 but I was told it was the same as a traffic citation and so I just paid the ticket on 16 Feb rather then appear in court. Once I paid the ticket and looked at the receipt I saw I had plead guilty to a misdemeanor and immeditaly hired an attorney. So, this is all current and on going now.

My questions remains the same.
Will the judge allow me to withdraw my guilty plea so I can try and undue this?
But, if I can't do I need to let anyone know about this? Or what are the odds they will revoke my current CL if this is found on my record?

Im asking because I plan to switch jobs and I know they will do a new background check on me and Im afraid they will revoke the CL I currently hold if I can't get this removed from my record.

Thanks

OK, sorry I thought it was a real old ticket and you were worried about it,

Yes I would appeal and see about having it changed then. If you can't just be sure and report it, If you go to them first and tell them, a lot more likely to get by with it, than if you don't,

Good luck.

OK