Can you be denied clearnance for a legal encounter more than 20 years ago.

[CarBuyerEE]

What is the name of your state (only U.S. law)? New York
About 22 or 23 years ago, I was investigated by FBI for repeatedly mailing a person of opposite gender for crush/attraction issue. FBI came to my home, interviewed me and told me to stop so I did, and the FBI closed the case. I was not arrested or summoned to a court or charged. After that I was able to pass all the background investigations to get my previous jobs and current job. Now at my current job, even though I passed the background investigation 7 years ago when I was hired, they are now requiring me to complete security clearance questionnaire to give FBI a proof that they have done background investigation. This is not a federal security clearance so will not be as through as getting clearance for Public Trust position. I only work for a well known City government and have access to City police data which is the reason for security clearance questionnaire. On the questionnaire, it asks "Have you ever been questioned by any law enforcement agency as a suspect in a crime?" Do I say Yes, and say more than 20 years ago, I was investigated by FBI for mailing person of opposite gender? There are risks whether I disclose or not disclose so this is a serious dilemma for me. I hope it will not open a can of worms from more than 20 years ago, and the risk is less if I disclose. Your opinions? Many thanks.

 

[TigerD]

What is the name of your state (only U.S. law)? New York
About 22 or 23 years ago, I was investigated by FBI for repeatedly mailing a person of opposite gender for crush/attraction issue. FBI came to my home, interviewed me and told me to stop so I did, and the FBI closed the case. I was not arrested or summoned to a court or charged. After that I was able to pass all the background investigations to get my previous jobs and current job. Now at my current job, even though I passed the background investigation 7 years ago when I was hired, they are now requiring me to complete security clearance questionnaire to give FBI a proof that they have done background investigation. This is not a federal security clearance so will not be as through as getting clearance for Public Trust position. I only work for a well known City government and have access to City police data which is the reason for security clearance questionnaire. On the questionnaire, it asks "Have you ever been questioned by any law enforcement agency as a suspect in a crime?" Do I say Yes, and say more than 20 years ago, I was investigated by FBI for mailing person of opposite gender? There are risks whether I disclose or not disclose so this is a serious dilemma for me. I hope it will not open a can of worms from more than 20 years ago, and the risk is less if I disclose. Your opinions? Many thanks.

A lack of candor is far more serious than the incident you described.

DC

 

[CarBuyerEE]

A lack of candor is far more serious than the incident you described.

DC

Ok.

However, can my current employer deny me clearance and show me the door if I disclose this incident dating more than 20 years ago?

I was told that the City police will keep my answers confidential, but I'm worried.

 

[Proserpina]

Ok.

However, can my current employer deny me clearance and show me the door if I disclose this incident dating more than 20 years ago?

I was told that the City police will keep my answers confidential, but I'm worried.

You should know that whatever you have in your background is not hidden to the FBI, or the CIA.

You're being asked a very simple question. It has a yes or no answer. If the choice isn't obvious, you'd likely do better somewhere else.

 

[CarBuyerEE]

You should know that whatever you have in your background is not hidden to the FBI, or the CIA.

You're being asked a very simple question. It has a yes or no answer. If the choice isn't obvious, you'd likely do better somewhere else.

Ok, but please keep in mind, most people can't choose job.

Let me ask a related question, if I get dismissed from my current job with the City after disclosing this issue dating more than 20 years ago, can the unemployment office consider the disclosed incident as my fault and deny me unemployment benefit? Unemployment office will contact the City to ask the reason for my dismissal if I get dismissed.

 

[justalayman]

Unless you were dishonest about this when asked about it it should not disqualify you for unemployment.

 

[cbg]

If you lie about your previous encounter and are fired when you are caught, I'm not prepared to offer odds on your getting unemployment. Commentator may have a better idea.

If, however, you are truthful about your previous encounter and as a result are not hired, it should not affect your presumably current unemployment claim at all.

 

[commentator]

Yes, if you disclose something you sort of forgot to mention when you went to work there, and as a result are terminated, the unemployment system will most definitely ask the former employer for the reason you were terminated, and they will say that you failed to disclose some information on your previous background check that has been turned up at this point. Lying on an application or failing to tell the truth about something that would cause you not to be hired is generally considered misconduct. This means you'd not be very likely to be approved for benefits. Nothing's 100% sure, if you are terminated, go on and apply for benefits, but your chances of approval aren't large.

 

[CdwJava]

What concerns me is why the FBI would be concerned with you mailing someone over a "crush/attraction" issue. While the issue may be in the nearly ancient past, if I were conducting the investigation now, I would want to know more about why the FBI was involved in what should have been a local police issue. Unless this was some sot of stalking or threats case that extended over state lines or involved a public figure, I am a little confused as to what crime the FBI might have been investigating.

But, since the FBI rarely looks into NON-crimes, I think it is clear that you need to answer "yes" if asked whether you have been investigated by a law enforcement agency for a possible crime. Then be entirely truthful. While they MIGHT be able to act on your actions from 2 years ago, they DEFINITELY can act on it if you lie. So, it's your call.

 

[CarBuyerEE]

Yes, if you disclose something you sort of forgot to mention when you went to work there, and as a result are terminated, the unemployment system will most definitely ask the former employer for the reason you were terminated, and they will say that you failed to disclose some information on your previous background check that has been turned up at this point. Lying on an application or failing to tell the truth about something that would cause you not to be hired is generally considered misconduct. This means you'd not be very likely to be approved for benefits. Nothing's 100% sure, if you are terminated, go on and apply for benefits, but your chances of approval aren't large.

I appreciate your opinion.

For the sake of accuracy, I did not hide this incident on the job application, as I was not able to, as the job application did not ask if I was ever questioned by law enforcement for crime. As for the previous background investigations, all that I was made to do was to sign the Authorization and Release. I have had no arrest, conviction, court summon experience in my entire life up to now with the exception of this encounter of more than 20 years ago. I did as I was told back more than 20 years ago by the authority, and I have had no other encounter with authority since then. I leave it up to the current clearance granting authority to make the decision. That's all anyone waiting for clearance can do.

 

[FlyingRon]

You betcha you can be held accountable for ancient criminal activity. Sorry, but that is the way it is. Security clearances have long memories.

 

[commentator]

I appreciate your opinion.

For the sake of accuracy, I did not hide this incident on the job application, as I was not able to, as the job application did not ask if I was ever questioned by law enforcement for crime. As for the previous background investigations, all that I was made to do was to sign the Authorization and Release. I have had no arrest, conviction, court summon experience in my entire life up to now with the exception of this encounter of more than 20 years ago. I did as I was told back more than 20 years ago by the authority, and I have had no other encounter with authority since then. I leave it up to the current clearance granting authority to make the decision. That's all anyone waiting for clearance can do.

If there was no deliberate falsification or failure to disclose on the application or previous security clearance checks, your chances of being approved for unemployment benefits is greater. Never a slam dunk, but IF you are terminated for this situation, you will definitely want to file for benefits and describe the situation to them in detail. You do not have to argue with them, or quote unemployment law to them, you just tell the facts related to your discharge, and be sure to mention the bolded above.