exspungement or too late?

[thomas111]

(California)

I recently got a job where a security clearance is required. Last friday I found out that my clearance was denied because of an incident that occured 7 years ago. The incident that I'm referring to is a charge 12677 HS, which occured 7 years ago. My question is whether or not its too late to still file for expungement, because the security office already knows about the incident. Is there a way to appeal their decision or perhaps, to be able to get a probationary termed security clearance? My job is dependent on this badge, so without it, I'm pretty much out on the street. My job is related to airport security, and I think that things must have tightened up after 9/11 enough for the badge/security officials to say that even having a fireworks charge would disqualify you for security clearance.

Thomas

 

[OhBullship]

(California)

I recently got a job where a security clearance is required. Last friday I found out that my clearance was denied because of an incident that occured 7 years ago. The incident that I'm referring to is a charge 12677 HS, which occured 7 years ago. My question is whether or not its too late to still file for expungement, because the security office already knows about the incident. Is there a way to appeal their decision or perhaps, to be able to get a probationary termed security clearance? My job is dependent on this badge, so without it, I'm pretty much out on the street. My job is related to airport security, and I think that things must have tightened up after 9/11 enough for the badge/security officials to say that even having a fireworks charge would disqualify you for security clearance.

Thomas

Were you honest about it or did they have to find out on their own?

 

[snostar]

and I think that things must have tightened up after 9/11 enough for the badge/security officials to say that even having a fireworks charge would disqualify you for security clearance.
Thomas

That says it all! You have no recourse.

For expungement information read:
http://www.uslegalforms.com/lawdigest/expungement-criminal-records-law.php/CA/CA-EXP.htm

 

[enjay]

Thomas, my guess is that you didn't disclose the charge on your clearance forms or applications. It is still not very difficult to get a secret clearance if you are honest and the charges are not very recent.

It also takes a long time (these days, a year or more) for the security clearance process to be completed.

 

[CdwJava]

(California)

I recently got a job where a security clearance is required. Last friday I found out that my clearance was denied because of an incident that occured 7 years ago. The incident that I'm referring to is a charge 12677 HS, which occured 7 years ago. My question is whether or not its too late to still file for expungement, because the security office already knows about the incident. Is there a way to appeal their decision or perhaps, to be able to get a probationary termed security clearance? My job is dependent on this badge, so without it, I'm pretty much out on the street. My job is related to airport security, and I think that things must have tightened up after 9/11 enough for the badge/security officials to say that even having a fireworks charge would disqualify you for security clearance.

Thomas

Were you convicted of this offense as a misdemeanor?

Can you appeal the decision? That depends on the policies in place with your employer. If your employment was dependent upon passing the background then you may be out of luck. And an appeal would be pointless because nothing you say to the employer will remove the charge from your criminal history. And if they have a stautory obligation to deny employment based on the violation, they cannot make an exception for you.

However, you might be able to get the conviction expunged with a little time and effort. I would recommend speaking to an attorney, however. And even if it IS expunged, it may still be used against you depending on the type of employment you seek.

- Carl

 

[thomas111]

exspungement continues...

let me clarify a little. Its not a secret clearance, rather its a clearance that allows a person to bypass security at LAX.

As for the application, I was honest about it. The applicaiton only asked for serious crimes and felony charges. I was charged with a misdemeanor, not a felony.

This event happened 7 years ago. I can barely remember what happened yesterday! Its not an issue of not having recourse for my actions. The sceurity application was quite different in the sense that fingerprinting was taken. Even if I did remember about the charge and still decided to not list it, they would have found it anyway. Im not trying to say that I lied about it, you know.

7 years ago I was a very foolish person, barely entering college, not knowing what to do with myself. Today Im a completely different person, responsible, law abiding, and have two degrees, one in arts and one in engineering (electrical). I graduated at the top of my class last year in EE, with an overall GPA of 3.94, second to the valedictorian.

I just hope that there might be a possibility for an appeals process. I will get the record expunged, but I suspect that certain employers will be able to see through the seal, as one of you guys pointed out. Its a airport security badge, for crying out loud!

let me know if theres a chance.

thomas

 

[thomas111]

WHo know

1203.4--->1385

 

[snostar]

It completely depends on the employment policies at LAX, this is where you will find your answers.