Author Topic: Has anyone passed a security clearance with an arrest record? (Read 13223 times)

outby43 · « **on:** November 25, 2012, 04:09:44 AM »

My background is not too good if you look at my arrest history. I have never been convicted but have been charged several times and jumped through the judicial hoops to avoid any convictions.

Do these agencies dig pretty deep on each person they may hire?

I can pass any regular background check but the government I am sure goes further.

garebear · « **Reply #1 on:** November 25, 2012, 04:30:31 AM »

Quote from: outby43 on November 25, 2012, 04:09:44 AM

My background is not too good if you look at my arrest history. I have never been convicted but have been charged several times and jumped through the judicial hoops to avoid any convictions.

Do these agencies dig pretty deep on each person they may hire?

I can pass any regular background check but the government I am sure goes further.

Let's face it.

You're a criminal and you belong in prison.

gracie bjj · « **Reply #2 on:** November 25, 2012, 05:32:07 AM »

depends, most jobs only go back 5-7 yrs but some go back to when u where 18. my freind works for the township here n was in prison for 4 years, he got the job 3 years after he was released so i think he had some inside connections or just got lucky.

Shockwave · « **Reply #3 on:** November 25, 2012, 07:29:12 AM »

Depends on whether you're trying to get a secret clearance, or a top secret clearance.

Secret is fairly easy to get, TS they'll do quite a bit of digging.

chaos · « **Reply #4 on:** November 25, 2012, 07:32:13 AM »

Depends on what its for, they can dig up shit you did at 16. I think they only look for convictions, but from what I remember yours was fairly recent, could be trouble.

WOOO · « **Reply #5 on:** November 25, 2012, 07:32:24 AM »

what about walmart clearance sales

OneMoreRep · « **Reply #6 on:** November 25, 2012, 07:46:20 AM »

Convictions are what matter/count.

Everyone is INNOCENT until proven guilty.

Fact of the matter is that an arrest is not just considered being hauled away by the cops in handcops and placed in detention for a few hours in the precinct, it can also consist of being detained by an officer, for a significant amount of time, while driving the streets.

Here is a basic definition obtained from the internet (http://legal-dictionary.thefreedictionary.com/arrest):

An arrest may occur (1) by the touching or putting hands on the arrestee; (2) by any act that indicates an intention to take the arrestee into custody and that subjects the arrestee to the actual control and will of the person making the arrest; or (3) by the consent of the person to be arrested. There is no arrest where there is no restraint, and the restraint must be under real or pretended legal authority. However, the detention of a person need not be accompanied by formal words of arrest or a station house booking to constitute an arrest.

An arrest is simply law enforcement's way of ascertaining whether or not you have something to do with some form of illegal activity.

If nothing becomes of it (charges are dropped, case is dismissed, you are let go etc.), you have nothing to worry about, as it was simply a minor detainment to clarify "things".

Other than that, I don't think it matters. That said, I am not a lawyer or have any form of legal training on the matter, so your best bet is to ask one of our resident lawyers.

"1"

da_vinci · « **Reply #7 on:** November 25, 2012, 07:58:47 AM »

Just threaten them with a gun if something goes wrong.

avxo · « **Reply #8 on:** November 25, 2012, 08:23:13 AM »

Quote from: OneMoreRep on November 25, 2012, 07:46:20 AM

Convictions are what matter/count.

Everyone is INNOCENT until proven guilty.

While this is true it has, of course, nothing to do with whether an arrest can prevent one from passing background checks, especially those conducted by the Government in the course of granting clearance.

After all, a background check doesn't find you guilty of anything - it just examines your background. If the background check is for a job an arrest may very well preclude you from getting the job. If the background check is involved with getting - or maintaining - clearance, an arrest may very result in not getting clearance.

Is it really your contention that employers cannot rely solely on an individual's arrest record (without any regard to subsequent legal proceedings) in making employment or clearance decisions? If yes, what do you base that position on?

jpm101 · « **Reply #9 on:** November 25, 2012, 08:25:07 AM »

Try the TSA, chances improve if you a minority. The bonus, good English is not the main option. The government is always in fear of a racial discrimination charge from a potential hire. Would also suggest the U.S. post office, but they will be reducing their employee's next year.

If never been convicted (wonder if you were under 18 at the time of your troubles?) you should get by most government background checks (discrimination thing again). PC rules, these days, it seems with civil service jobs. And you get to join a union, which gives the appearance on wanting to slow down or halt the normal flow of government these days.

Even police departments may hire, some ex-gangbanger's are now cop's in LA, don't know about San Diego (have a few friends up in LA).. If ex-military you have a pretty solid case for being hired...background check or not. Though good jobs a getting rare, but government just seems to be getting bigger and expanding their work force.

Just to state, I would be considered a American National and a ethnic minority (Pacific islander). Though never had worked for or in any government agency.

nefario · « **Reply #10 on:** November 25, 2012, 08:41:08 AM »

Quote from: avxo on November 25, 2012, 08:23:13 AM

While this is true it has, of course, nothing to do with whether an arrest can prevent one from passing background checks, especially those conducted by the Government in the course of granting clearance.

After all, a background check doesn't find you guilty of anything - it just examines your background. If the background check is for a job an arrest may very well preclude you from getting the job. If the background check is involved with getting - or maintaining - clearance, an arrest may very result in not getting clearance.

Is it really your contention that employers cannot rely solely on an individual's arrest record (without any regard to subsequent legal proceedings) in making employment or clearance decisions? If yes, what do you base that position on?

Very well put.

I'll add a brief anecdote. Someone came to me after losing security clearance in one of the branches of the armed forces. He was a long time civilian employee, with a high level education in a relevant technical field. But he liked his weed, and misjudged the annual test window...well you can guess the rest. No conviction or anything, just test results. Once they remove your security clearance in a position like his, you can't do your job, so the dismissal process begins.

Irongrip400 · « **Reply #11 on:** November 25, 2012, 09:09:11 AM »

Quote from: da_vinci on November 25, 2012, 07:58:47 AM

Just threaten them with a gun if something goes wrong.

Hahaha

tommywishbone · « **Reply #12 on:** November 25, 2012, 10:42:55 AM »

A criminal record only prevents you from getting shit jobs. If you are any good, all the great jobs are still there.

outby43 · « **Reply #13 on:** November 25, 2012, 02:19:16 PM »

Quote from: Shockwave on November 25, 2012, 07:29:12 AM

Depends on whether you're trying to get a secret clearance, or a top secret clearance.

Secret is fairly easy to get, TS they'll do quite a bit of digging.

Yeah, this job was for a TS so I guess I am screwed. I am far from a criminal. Just got busted with some weed and had to do the whole drug court deal which I finished a year ago. I work in IT so private sector jobs are no issue. I applied to get my arrest record and initial charges expunged thinking I only had one but I had 5 when they pulled my name. So at that point I decided to say fuck it and just be happy with not having convictions. The other arrests and charges happened over 20 years ago and with those I was in wrong place and wrong time but still had to do probation as some BS plea deal. These fucking prosecutors would charge their dying grandma to boost their conviction rate.

anabolichalo · « **Reply #14 on:** November 25, 2012, 02:20:17 PM »

i wanted to be a high earning criminal but never figured out how crime works $:-\$

outby43 · « **Reply #15 on:** November 25, 2012, 02:22:50 PM »

Quote from: OneMoreRep on November 25, 2012, 07:46:20 AM

Convictions are what matter/count.

Everyone is INNOCENT until proven guilty.

I know that is how it is supposed to be but we all know it's not. To tell you the truth, if I saw my record I wouldn't hire me either...lol.

OneMoreRep · « **Reply #16 on:** November 25, 2012, 02:29:26 PM »

Quote from: avxo on November 25, 2012, 08:23:13 AM

Is it really your contention that employers cannot rely solely on an individual's arrest record (without any regard to subsequent legal proceedings) in making employment or clearance decisions? If yes, what do you base that position on?

I simply base it off of what we do in my firm. I work for a financial institution and upon looking at new talent, our HR division does a full background check through a city agency that employs the use of criminal and public records by way of the local PD and sometimes federal law enforcement agencies.

Our HR reps are pretty aggressive in their search for potential problems with new hires, but they also maintain a strict policy that convictions decide whether or not we hire someone.

Anyone can be arrested for anything. A random person can be blamed for a murder (select any heinous crime) they didn't commit so as long as they fit the description of the assailant, they'll be dragged in for questioning, but we ALL know this has no bearing on anything if the person is indeed innocent and had nothing to do with said crime.

Hence why being arrested is not counted by us, unless it resulted in a conviction. Keep in mind that I am not an attorney and can't give you an absolute answer.

"1"

G_Thang · « **Reply #17 on:** November 25, 2012, 02:44:02 PM »

Quote from: outby43 on November 25, 2012, 04:09:44 AM

My background is not too good if you look at my arrest history. I have never been convicted but have been charged several times and jumped through the judicial hoops to avoid any convictions.

Do these agencies dig pretty deep on each person they may hire?

I can pass any regular background check but the government I am sure goes further.

are you doing DOJ, etc. via Livescan? I've seen people get by, but if it is for you to walk on a military installation and get security clearance, you can forget about it.

smoothasf · « **Reply #18 on:** November 25, 2012, 02:49:58 PM »

in the UK if you have a crim record in say Wales we just apply for the crb check in Scotland yard it doesn't show up then

Rudee · « **Reply #19 on:** November 25, 2012, 03:02:35 PM »

My girlfriend is a Recruiter for an oil & gas company, and all her candidates for employment undergo background checks. She's told me several strong candidates would of otherwise been offered contracts, but had to be turned away after background checks revealed they had criminal records. Doesn't matter how long ago the conviction was. Any convictions to do with violent crime, theft or drugs and you're turned away.

outby43 · « **Reply #20 on:** November 25, 2012, 03:09:28 PM »

Quote from: Rudee on November 25, 2012, 03:02:35 PM

My girlfriend is a Recruiter for an oil & gas company, and all her candidates for employment undergo background checks. She's told me several strong candidates would of otherwise been offered contracts, but had to be turned away after background checks revealed they had criminal records. Doesn't matter how long ago the conviction was. Anything convictions to do with violent crime, theft or drugs and you're turned away.

I don't have any convictions only arrests and charges filed. I just wanted some real world experiences from others that may have passed or not passed the investigation.

Shockwave · « **Reply #21 on:** November 25, 2012, 03:13:30 PM »

Quote from: OneMoreRep on November 25, 2012, 02:29:26 PM

I simply base it off of what we do in my firm. I work for a financial institution and upon looking at new talent, our HR division does a full background check through a city agency that employs the use of criminal and public records by way of the local PD and sometimes federal law enforcement agencies.

Our HR reps are pretty aggressive in their search for potential problems with new hires, but they also maintain a strict policy that convictions decide whether or not we hire someone.

Anyone can be arrested for anything. A random person can be blamed for a murder (select any heinous crime) they didn't commit so as long as they fit the description of the assailant, they'll be dragged in for questioning, but we ALL know this has no bearing on anything if the person is indeed innocent and had nothing to do with said crime.

Hence why being arrested is not counted by us, unless it resulted in a conviction. Keep in mind that I am not an attorney and can't give you an absolute answer.

"1"

It's not the same in the world of Federal/Military security clearances. For a Top Secret they'll go so far as to dig through your personal life, medical records, police records, school records, contact friends of friends, looking for anything that may suggest you're not 100% trustworthy.

chaos · « **Reply #22 on:** November 25, 2012, 03:37:36 PM »

Quote from: outby43 on November 25, 2012, 03:09:28 PM

I don't have any convictions only arrests and charges filed. I just wanted some real world experiences from others that may have passed or not passed the investigation.

Arrests and charges filed....are they still pending? Dropped? Plea bargain?

Shockwave · « **Reply #23 on:** November 25, 2012, 03:49:34 PM »

Quote from: chaos on November 25, 2012, 03:37:36 PM

Arrests and charges filed....are they still pending? Dropped? Plea bargain?

What did you need a security clearance for? And was is S or TS?

WOOO · « **Reply #24 on:** November 25, 2012, 04:01:33 PM »

don't most american'ts have a record of some kind?

american'ts are nuts