Background Check for Clerkship Forum

[Anonymous User]

I realize I may be getting a little bit ahead of myself here, but I thank anyone who will humor me.

I'm doing pretty well at CCN, and am interested in clerking. The one big concern I have is the background check. When applying for a federal government job a few years ago, I disclosed some drug-related history (no dealing, no arrests or convictions, no rehab, nothing like that. But it wasn't recreational marijuana use, either) to a background investigator, and this information eventually prevented me from getting the job. I later got a TS clearance with the DoD (as well as the DoS, but I think this was more due to the fact that I'd already had it with the DoD), and both times it was clear that after doing a National Agency Check, they could see the disclosures that I'd previously made. Had I never disclosed, there's no way anyone would have ever known about this, but now it's on my "permanent record" (at least as relates to federal government work). For what it's worth, this all took place more than seven years ago, and I have reason to believe that for the purposes of another federal job I was involved with, stuff older than seven years can "time off" in terms of how much they care.

So, there's the background. Here's the question: what kind of background checks to clerkship applicants to federal district courts or courts of appeals go through? Is there a background interview with an investigator involved? Is any level of "clearance" necessary?

I definitely appreciate any and all insight.

[Anonymous User]

I realize I may be getting a little bit ahead of myself here, but I thank anyone who will humor me.

I'm doing pretty well at CCN, and am interested in clerking. The one big concern I have is the background check. When applying for a federal government job a few years ago, I disclosed some drug-related history (no dealing, no arrests or convictions, no rehab, nothing like that. But it wasn't recreational marijuana use, either) to a background investigator, and this information eventually prevented me from getting the job. I later got a TS clearance with the DoD (as well as the DoS, but I think this was more due to the fact that I'd already had it with the DoD), and both times it was clear that after doing a National Agency Check, they could see the disclosures that I'd previously made. Had I never disclosed, there's no way anyone would have ever known about this, but now it's on my "permanent record" (at least as relates to federal government work). For what it's worth, this all took place more than seven years ago, and I have reason to believe that for the purposes of another federal job I was involved with, stuff older than seven years can "time off" in terms of how much they care.

So, there's the background. Here's the question: what kind of background checks to clerkship applicants to federal district courts or courts of appeals go through? Is there a background interview with an investigator involved? Is any level of "clearance" necessary?

I definitely appreciate any and all insight.

I haven't been informed of any background check yet, and I start in the fall. I think the only clerks that might need clearance would be those clerking for FISC judges.

[A. Nony Mouse]

No, there's no background check for district court. You have to fill out an employment application (like a month before you start) and it asks the usual questions about arrests, but there's no clearance and no one does an investigation or interviews you or anyone else. (My chambers got a case requiring some level of clearance - secret? top secret? idk - and everyone else had to go through the process to get clearance. They didn't even bother having me go through it because it's expensive and takes so long to be processed, that by the time it came through I'd be nearly done with my year. They just didn't have me work on that case.)

[Anonymous User]

I realize I may be getting a little bit ahead of myself here, but I thank anyone who will humor me.

I'm doing pretty well at CCN, and am interested in clerking. The one big concern I have is the background check. When applying for a federal government job a few years ago, I disclosed some drug-related history (no dealing, no arrests or convictions, no rehab, nothing like that. But it wasn't recreational marijuana use, either) to a background investigator, and this information eventually prevented me from getting the job. I later got a TS clearance with the DoD (as well as the DoS, but I think this was more due to the fact that I'd already had it with the DoD), and both times it was clear that after doing a National Agency Check, they could see the disclosures that I'd previously made. Had I never disclosed, there's no way anyone would have ever known about this, but now it's on my "permanent record" (at least as relates to federal government work). For what it's worth, this all took place more than seven years ago, and I have reason to believe that for the purposes of another federal job I was involved with, stuff older than seven years can "time off" in terms of how much they care.

So, there's the background. Here's the question: what kind of background checks to clerkship applicants to federal district courts or courts of appeals go through? Is there a background interview with an investigator involved? Is any level of "clearance" necessary?

I definitely appreciate any and all insight.

I haven't been informed of any background check yet, and I start in the fall. I think the only clerks that might need clearance would be those clerking for FISC judges.

Those clerking for FISC judges do go through a fairly extensive background check (interviews, investigators interviewing family members, teachers, landlords, students). Not sure whether the conduct and prior disclosure you're describing would be an issue, particularly given that you've already been hired by the judge at the point they do the background check.

My judge on the other hand is not a FISC judge, and I haven't heard a word about any kind of background check yet and I start in a little under 2 months.

[Anonymous User]

OP here. Thanks very much to you all for the responses. Eases my mind a bit!

[BVest]

I had a judge (D Ct in TX) tell me that if selected I'd have to go through a background check, but it wasn't clear to me if he meant a basic on-paper check or something more (and I had no concerns so I didn't seek elaboration). I assumed he meant something basic.

[Anonymous User]

Ive heard of some non-FISC judges in courts with a heavy terrorism docket requiring TS clearance for at least one clerk. Some do it for all before they start. This is in NYC though, so im not sure how widespread the practice is, but it can be invasive.

I think if you cant get clearance you just dont work on those cases, though.