DOJ Job Forum

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Anonymous User
Posts: 428125
Joined: Tue Aug 11, 2009 9:32 am

DOJ Job

Post by Anonymous User » Wed Feb 02, 2022 10:27 pm

I recently got an offer to join DOJ (not in National Security Division). A couple years ago, I got let go from my employer (a law firm) because I accessed some files on the firm's system that did not directly relate to my job, which violated the firm's electronic records policy. I didn't disclose any confidential info to anyone inside or outside the firm, but the firm understandably took it seriously. I know if I accept the job at DOJ that I'll have to disclose it on the background check forms. FWIW, I left otherwise on very good terms and have been gainfully employed since then. So, basically, my question is: is this the kind of thing that would disqualify me?

Anonymous User
Posts: 428125
Joined: Tue Aug 11, 2009 9:32 am

Re: DOJ Job

Post by Anonymous User » Wed Feb 02, 2022 11:02 pm

Honestly, it might? Assuming you were a lawyer at the time, getting let go for that makes it sound pretty serious, even if you didn’t disclose confidential information. It makes it feel like a pretty significant breach that you should have known not to do.

It could depend on what level of background check you have to go through. The SF-86 asks you up front if you've ever been fired/let go for misconduct or the like, whereas the SF-85 asks for employment info and for a release for investigators to talk to your previous employers, but doesn't expressly ask about if you ever got let go and why. The investigator might still ask and it might be an issue, but the fact that they don't ask right up front may mean that it's not a deal breaker, or not as much of one.

Did anyone say anything to you about the background check and potential deal breakers? I honestly think it might be worth speaking to someone about it ahead of time, maybe HR but probably whoever has made you the offer. I think there can be a way to talk to someone about the background check and possible issues in time to withdraw if necessary. My understanding is that a lot of the time they try to give you the opportunity to withdraw so that you don't get a negative determination and can apply again in future. Bc if you go thru the process and get rejected as unsuitable, it's a much bigger black mark than withdrawing before the background check (and then you can reapply again after this event is outside the 7-year period you have to report).

Just to be clear, if you weren’t yet a lawyer (and ideally not even yet in law school), I don’t think it would be as big a deal. It’s not great, but you wouldn’t have been bound by the same kind of ethics rules as a lawyer, so going to law school since then would be a bit of reboot. But I think if you were a lawyer it could be a problem.

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