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Received an AUSA offer today and looked at the SF-86. I will need to disclose on my SF-86 that I resigned from a prior legal job two years ago because I showed up drunk to a mediation. My boss had been criticizing me for being a wussy and too soft-spoken during prior mediations and so I thought if I had a couple of beers it would loosen me up. Unfortunately I can't really handle my liquor well and it was clear when I attended the mediation (with my boss) that I was drunk. The next day my boss demanded an explanation and I resigned immediately. I found another job right away and there have been no further incidents.

Am I almost certainly going to be denied clearance for an AUSA position? I'd have start the job while the background check proceeds, and so I would need to move across the country for a job, and potentially be fired/have to resign if my clearance is denied.

Am an AUSA. I didn't have a similar issue, so can't comment on that, but I believe that once you have an offer, you can contact OARM to ask about these kinds of issues? I would ask about that and try to get some guidance. It's not like you can decide to hide it if it's going to be a problem, so you're no worse off asking OARM first, and it might help figure out the moving-across-country thing. (No idea how they'd react... on the one hand, it's not a crime, but on the other, it's really poor judgment (sorry).) I was told that the only per se bars were post-bar drug use, failing to file taxes, and defaulting on student loans. Also, I have heard rumors that if you're not going to pass they kind of give you a heads up and offer the chance for you to withdraw rather than get rejected (but can't guarantee that, at all).

For the SF-86 background investigation, they will contact everyone you put down on the SF-86 (meaning your past employer) and ask about the nature of your time there. It will most likely come up regardless if you disclose it or not. You're better off disclosing and working towards mitigating the issue for when it goes to adjudication.

Anonymous User wrote:For the SF-86 background investigation, they will contact everyone you put down on the SF-86 (meaning your past employer) and ask about the nature of your time there. It will most likely come up regardless if you disclose it or not. You're better off disclosing and working towards mitigating the issue for when it goes to adjudication.

I would definitely disclose it on the SF-86 if I were to move forward, but I'm concerned that I might just be wasting everyone's time if my stupidity is going to prevent me from getting clearance. The offer was all the way across the country so I would need to quit my job, pick up and move my family there, and then potentially have to resign a few months later if I don't clear.

Anonymous User wrote:Am an AUSA. I didn't have a similar issue, so can't comment on that, but I believe that once you have an offer, you can contact OARM to ask about these kinds of issues? I would ask about that and try to get some guidance. It's not like you can decide to hide it if it's going to be a problem, so you're no worse off asking OARM first, and it might help figure out the moving-across-country thing. (No idea how they'd react... on the one hand, it's not a crime, but on the other, it's really poor judgment (sorry).) I was told that the only per se bars were post-bar drug use, failing to file taxes, and defaulting on student loans. Also, I have heard rumors that if you're not going to pass they kind of give you a heads up and offer the chance for you to withdraw rather than get rejected (but can't guarantee that, at all).

Thanks. Can I call OARM anonymously, or do I need to give them all of details?

I'm going through the process now and--though I don't have a similar incident--I think that if the incident is as you described, has been mitigated, and that you otherwise have no other issues at all, you have a shot, particularly if you have not drank at all since. Will probably need your other employers, character references, etc. to be confident and outspoken in regards to their faith in you.

FWIW, my office had me send a completed review copy of my SF86 to them and cleared any arrests or incidents with the front office. That way, there wasn't all the time and expense of a background check spent just to have the USA say "no thanks" anyways. I could be wrong, but I think the USA makes the final call? Or at least has a final say with OARM making a call.

Did they give you a timeline? I'm just blowin in the wind waiting for mine to be wrapped up and have similar cross-country issues.

So the OARM or whichever agency is assigned does the investigation, compiles the report, and send it to DC for adjudication. Big Justice makes the final call, IIRC. I'd call OARM and ask for more information. You must remember that there's a difference between screening for suitability and for the clearance. The clearance is often adjudicated and any issues mitigated or argued in a hearing, but just because you have the clearance doesn't mean you're suitable. The OARM isn't the agency that will decide if you're in the clear.

Anonymous User wrote:So the OARM or whichever agency is assigned does the investigation, compiles the report, and send it to DC for adjudication. Big Justice makes the final call, IIRC. I'd call OARM and ask for more information. You must remember that there's a difference between screening for suitability and for the clearance. The clearance is often adjudicated and any issues mitigated or argued in a hearing, but just because you have the clearance doesn't mean you're suitable. The OARM isn't the agency that will decide if you're in the clear.

Well, not to hijack, but since you know the process here apparently, mine has gone as follows: SF86 to USAO, approval, submission, conduct letter from OARM stating that I had been arrested years ago and have disclosed it all and they are still considering me, personal interview, former employers interviews and personnel file review...waiting. What processes are next? I had a lot of faith that I'd be okay after the USAO approval and OARM letter, but, sounds like maybe/probably not? Edit: also just trying to figure out what next stages are/how many more people have to be convinced.(I thought my offer letter says final offer comes from OARM...guessing that is just for intial 14? Is that "suitability" and then post-start is "clearance" from ___?)

Anonymous User wrote:

Anonymous User wrote:So the OARM or whichever agency is assigned does the investigation, compiles the report, and send it to DC for adjudication. Big Justice makes the final call, IIRC. I'd call OARM and ask for more information. You must remember that there's a difference between screening for suitability and for the clearance. The clearance is often adjudicated and any issues mitigated or argued in a hearing, but just because you have the clearance doesn't mean you're suitable. The OARM isn't the agency that will decide if you're in the clear.

Well, not to hijack, but since you know the process here apparently, mine has gone as follows: SF86 to USAO, approval, submission, conduct letter from OARM stating that I had been arrested years ago and have disclosed it all and they are still considering me, personal interview, former employers interviews and personnel file review...waiting. What processes are next? I had a lot of faith that I'd be okay after the USAO approval and OARM letter, but, sounds like maybe/probably not?

Did you disclose the arrest to USA or AUSAs during or after the interview process, or just on the SF86?

killyhevlin wrote:

Anonymous User wrote:

Anonymous User wrote:So the OARM or whichever agency is assigned does the investigation, compiles the report, and send it to DC for adjudication. Big Justice makes the final call, IIRC. I'd call OARM and ask for more information. You must remember that there's a difference between screening for suitability and for the clearance. The clearance is often adjudicated and any issues mitigated or argued in a hearing, but just because you have the clearance doesn't mean you're suitable. The OARM isn't the agency that will decide if you're in the clear.

Well, not to hijack, but since you know the process here apparently, mine has gone as follows: SF86 to USAO, approval, submission, conduct letter from OARM stating that I had been arrested years ago and have disclosed it all and they are still considering me, personal interview, former employers interviews and personnel file review...waiting. What processes are next? I had a lot of faith that I'd be okay after the USAO approval and OARM letter, but, sounds like maybe/probably not?

Did you disclose the arrest to USA or AUSAs during or after the interview process, or just on the SF86?

SF86. Never came up before. But was "approved" by front office before submission to DC.

Anonymous User wrote:

killyhevlin wrote:

Anonymous User wrote:

Anonymous User wrote:So the OARM or whichever agency is assigned does the investigation, compiles the report, and send it to DC for adjudication. Big Justice makes the final call, IIRC. I'd call OARM and ask for more information. You must remember that there's a difference between screening for suitability and for the clearance. The clearance is often adjudicated and any issues mitigated or argued in a hearing, but just because you have the clearance doesn't mean you're suitable. The OARM isn't the agency that will decide if you're in the clear.

Well, not to hijack, but since you know the process here apparently, mine has gone as follows: SF86 to USAO, approval, submission, conduct letter from OARM stating that I had been arrested years ago and have disclosed it all and they are still considering me, personal interview, former employers interviews and personnel file review...waiting. What processes are next? I had a lot of faith that I'd be okay after the USAO approval and OARM letter, but, sounds like maybe/probably not?

Did you disclose the arrest to USA or AUSAs during or after the interview process, or just on the SF86?

SF86. Never came up before. But was "approved" by front office before submission to DC.

Think you'll be OK if the office is still considering you, tbh. OARM letter probably mitigated the issue.

You’re probably getting a tier 5 background investigation, not a security clearance. Regardless, you submit the SF86 to the front office, they review for suitability review, then the SF86 is forwarded to the investigating agency who meets conducts the tier 5 investigation. While the investigation goes on, you will have a personal interview with some investigator from OPM or a contractor and basically just go over your SF86. After investigation completes, fbi will review the investigation report and conduct another similar suitabiliry review and either approve or deny you. Keep in mind suitability review is separate and distinct from your final review, but you can’t get final approval unless you pass suitability. I’d recommend googling what open source info you can find l - it’s out there and pretty easy to find.

Do federal defenders also have to pass an SF-86?

orion wrote:

Anonymous User wrote:

killyhevlin wrote:

Anonymous User wrote:

Anonymous User wrote:So the OARM or whichever agency is assigned does the investigation, compiles the report, and send it to DC for adjudication. Big Justice makes the final call, IIRC. I'd call OARM and ask for more information. You must remember that there's a difference between screening for suitability and for the clearance. The clearance is often adjudicated and any issues mitigated or argued in a hearing, but just because you have the clearance doesn't mean you're suitable. The OARM isn't the agency that will decide if you're in the clear.

Well, not to hijack, but since you know the process here apparently, mine has gone as follows: SF86 to USAO, approval, submission, conduct letter from OARM stating that I had been arrested years ago and have disclosed it all and they are still considering me, personal interview, former employers interviews and personnel file review...waiting. What processes are next? I had a lot of faith that I'd be okay after the USAO approval and OARM letter, but, sounds like maybe/probably not?

Did you disclose the arrest to USA or AUSAs during or after the interview process, or just on the SF86?

SF86. Never came up before. But was "approved" by front office before submission to DC.

Think you'll be OK if the office is still considering you, tbh. OARM letter probably mitigated the issue.

Good to hear. Inside knowledge/experience?

Anonymous User wrote:

Anonymous User wrote:So the OARM or whichever agency is assigned does the investigation, compiles the report, and send it to DC for adjudication. Big Justice makes the final call, IIRC. I'd call OARM and ask for more information. You must remember that there's a difference between screening for suitability and for the clearance. The clearance is often adjudicated and any issues mitigated or argued in a hearing, but just because you have the clearance doesn't mean you're suitable. The OARM isn't the agency that will decide if you're in the clear.

Well, not to hijack, but since you know the process here apparently, mine has gone as follows: SF86 to USAO, approval, submission, conduct letter from OARM stating that I had been arrested years ago and have disclosed it all and they are still considering me, personal interview, former employers interviews and personnel file review...waiting. What processes are next? I had a lot of faith that I'd be okay after the USAO approval and OARM letter, but, sounds like maybe/probably not? Edit: also just trying to figure out what next stages are/how many more people have to be convinced.(I thought my offer letter says final offer comes from OARM...guessing that is just for intial 14? Is that "suitability" and then post-start is "clearance" from ___?)

Bumping just trying to get this knowledgeable party back.

That’s definitely instructive, and interesting, though it’s not the same as the SF-86 process.

Anonymous User wrote:That’s definitely instructive, and interesting, though it’s not the same as the SF-86 process.

Sure it is, it’s adjudicating the same things under the same standards. SF-86 is standard in all clearance processes.

andythefir wrote:http://ogc.osd.mil/doha/industrial/2018.html

I was aware of this...I'm still just confused at where I am in the process and what decisions are going to be made from this midpoint on (and by whom)

Never mind.

Accidental double post.

Should I talk to the USA First AUSA before doing the SF86 to explain the problem?

killyhevlin wrote:Should I talk to the USA First AUSA before doing the SF86 to explain the problem?

Can you start by talking to HR? They deal with background checks and can tell you who would be the best person to raise any concerns with.

Anonymous User wrote:

Anonymous User wrote:

Anonymous User wrote:So the OARM or whichever agency is assigned does the investigation, compiles the report, and send it to DC for adjudication. Big Justice makes the final call, IIRC. I'd call OARM and ask for more information. You must remember that there's a difference between screening for suitability and for the clearance. The clearance is often adjudicated and any issues mitigated or argued in a hearing, but just because you have the clearance doesn't mean you're suitable. The OARM isn't the agency that will decide if you're in the clear.

Well, not to hijack, but since you know the process here apparently, mine has gone as follows: SF86 to USAO, approval, submission, conduct letter from OARM stating that I had been arrested years ago and have disclosed it all and they are still considering me, personal interview, former employers interviews and personnel file review...waiting. What processes are next? I had a lot of faith that I'd be okay after the USAO approval and OARM letter, but, sounds like maybe/probably not? Edit: also just trying to figure out what next stages are/how many more people have to be convinced.(I thought my offer letter says final offer comes from OARM...guessing that is just for intial 14? Is that "suitability" and then post-start is "clearance" from ___?)

Bumping just trying to get this knowledgeable party back.

Last time before abandoning all hope.

Anonymous User wrote:

Anonymous User wrote:

Anonymous User wrote:

Anonymous User wrote:So the OARM or whichever agency is assigned does the investigation, compiles the report, and send it to DC for adjudication. Big Justice makes the final call, IIRC. I'd call OARM and ask for more information. You must remember that there's a difference between screening for suitability and for the clearance. The clearance is often adjudicated and any issues mitigated or argued in a hearing, but just because you have the clearance doesn't mean you're suitable. The OARM isn't the agency that will decide if you're in the clear.

Well, not to hijack, but since you know the process here apparently, mine has gone as follows: SF86 to USAO, approval, submission, conduct letter from OARM stating that I had been arrested years ago and have disclosed it all and they are still considering me, personal interview, former employers interviews and personnel file review...waiting. What processes are next? I had a lot of faith that I'd be okay after the USAO approval and OARM letter, but, sounds like maybe/probably not? Edit: also just trying to figure out what next stages are/how many more people have to be convinced.(I thought my offer letter says final offer comes from OARM...guessing that is just for intial 14? Is that "suitability" and then post-start is "clearance" from ___?)

Bumping just trying to get this knowledgeable party back.

Last time before abandoning all hope.

What else do you need to know? Sorry have been busy