My question is: If I do lie on his behalf to cover up some of his drinking and drug use, could I suffer any legal consequences? omits or conceals information from their personnel security questionnaire New comments cannot be posted and votes cannot be cast. A computer sends everything out initially, for all case types. The PSAC Adjudicator will adjudicate the final closed background investigation and make a final determination. Your Personnel Security Investigation (PSI) may be either current or expired. And Leslie and Andy mentioned Gail, and Tim and Gail mentioned Sharon, and we're here already, would you mind talking to us for a couple minutes about Friend? You are an admitted liar. Whether or not a certain job will require a security clearance is determined by the employer. After he gets the job, itll be bigger leverage because hed lose his job & go to prison if it were discovered. parties, the applicant may get nervous about their past. I cant tell you that everything will work out fine if you come clean, but if you get turned down this time maybe you can apply again in a year. I was referring to the job that you were fired from. Appreciate it. Its why its probably likely its due to who is judging the case right? The party that receives this form is provided by the subject (or security clearance applicant) to assist in completing the background investigation. You could lose your clearance and thereby lose that job. If they think you're lying for him, they may or may not charge you, but either way you risk any potential future clearance that you might want. How can I show mitigation in terms of personal conduct? ago, will it matter? or Will they catch it if I dont Privacy Policy. Ive personally known a Sgt with 8 years being investigated for something he was innocent of. official, an investigator, a government representative, or a competent The fact of the matter is that even good people make mistakes. Now I'm freaking out. . Cookie Notice . Should I be truthful about the drug use now or will I be denied/possibly fired due to the fact that I lied in general? The prudent, self-interested thing to do would be to decline to participate and say no more. Email [email protected]. If it's the latter, don't answer questions based on heresay. The security clearance background investigation process falls under federal guidelines, therefore any criminal charges must be filed in a Federal District Court by the charging agency. Im not sure on that. For help setting up your myGovID, visit www.mygovid.gov.au . It falls under 18 USC 1001. During the adjudicative process, a Come clean and brace for the fallout. And you smoked dope, and snorted coke. Under Guideline E of the Adjudicative Guidelines, when someone deliberately Its amazing. I am a bot, and this action was performed automatically. But, you could update your resume-fix the dates, change some of the wording, and so on-and tell the interviewer that you noticed some errors on your resume and have a revised copy. If so, what is the likelihood of that happening? People with things to hide in their past, like this, are primary targets for blackmail. 2023 ClearanceJobs - All rights reserved. If you're ready to seek help for any type of psychological or personal issue, you have many counseling service options. It's up to you whether you want to tell the truth or simply refuse to participate. When you enter the service you have to make a drug and tobacco declaration. If he is willing to lie to the federal government to conceal his behaviors he can be compromised by outside forces and should in no way ever have a security clearance. Be sure to the truthful on the SF86 and during an interview etc. If you are a VA employee, your supervisor writes justification for your security clearance requirement and seeks approval through the local HR office. Perhaps of the IG did more about subject falsification, there wouldnt be so many problems in the clearance world. Here it is: One year ago, I applied for a Secret clearance. You are a Source, not a Subject, and Title 18, Section 1001 of the U.S. Code does not apply to your interview. If you need further help, contact the AGSVA Clearance Support Team at [email protected] . The Defense Information System for Security (DISS) can be used by your FSO to check your clearance status for Department of Defense security clearance holders. Believe me that I wish I could go back in time and strangle choke myself to tell the truth. Eventually he was brought in by FBI agents for questioning about his involvement with the group. This is why it is always a good idea to consult . You can double down on the lie and leave it off of your application again but you need to be aware that you may need a poly at some time in the future and that may not go well if you are already conflicted about lying. Secret clearances only go back 7 years in history, and they usually just call the three character witnesses you list on the SF-86, they don't actually send a person to interview them. Its amazing some of the stuff I turn up and all the subject will tell me is that they failed to disclose it because they didnt think it was a big deal. process. This process consists of a detailed examination of the Under no circumstances should you lie, and your friend is a total asshole for asking you to. You definitely have a fraudulent enlistment issue. In all of these cases the individual was found guilty and convicted of a felony offense. Nothing on this site should be taken as legal advice for any individual disclose my sexual assault conviction from my youth?. The new SF86 was submitted and I still annotated no for the drugs since it was actually over 7 years ago. event, their deliberate omission or concealment could raise a But they definitely aren't forgiving of folks lying on their forms. Be honest- your friend made his own bed. I was messaged by a recruiter 5/6 days ago asking me to fill out 4 forms so I could receive an offer. On my security paperwork for my clearance I left out that I was fired from a job for stealing more than $500 worth of merchandise. I do believe he was administratively separated. If you are approved for a security clearance at any level, a lot about how youre used to living your life might change. If a pre-employment questionnaire asked about drug use it may be because they already know this may be a reason your clearance would be denied. , Investigative Request for Employment Data and Supervisor Information (INV 41), Booz Allen Supports Digital Transformation for Taxpayers, SAIC Launches Tenjin - a New Data Science Platform, The Biggest Background Investigation Myths, SF-86 and other Sensitive Data Exposed in U.S. Military Email Spill, The Pentagon is Now Addressing Use of Special Access Program Classification, 10 Defense Contractors Offering Sign-On Bonuses, The Ladder of Incompetence: 5 Reasons We Promote the Wrong People, General Dynamics Land Systems Wins Contract Mod for Mobile Protected Firepower Program, Security Clearance Application Headed for an Upgrade, Spring Storms Brewing Over Social Media Cases in the Supreme Court, Recruitment Scams on the Rise Following Tech Layoffs, Boeing Wins $1.2 Billion Air Force Contract for the E-7A Rapid Prototype Program. The agency can also submit a request to OPM for them to initiate action to debar the individual government-wide, but considering the levels of bureaucracy and time involved, this rarely happens. To help us make this determination, we ask that you complete all items on the back of this form and return the form in the enclosed envelope. Basically my recruiter told me to say I've never left the country, which isn't true. You also may be kicked out of the military completely due to fraudulent enlistment. and our Press question mark to learn the rest of the keyboard shortcuts. You definitely have a fraudulent enlistment issue. This was a lie as I had smoked weed a couple times from 2010 - 2013 and tried cocaine once in 2011. I was extremely excited and being the dumb college student with minimal professional experience, I lied about drug use in the last 7 years when i filled out the pre employment security questionnaire. You lied again. They can NOT overlook lying about it. However, if the applicant took measures to conceal or withhold the negative you have a tougher, more steep hill to climb here besides prior drug use. Basically, the DOD wants to establish that you are honest and trustworthy based on previous behavior. I had just turned 22. I joined the Reserves back in 2013 where I annotated I did not do drugs on my Secret SF86. This I was truthful on. Second, Federal prosecutors also have an enormous workload and dont want to spend the resources, time and effort on these types of case. Come Clean and Tell the Truth. Remember, seeking help early to improve your performance is a sign of strength and commitment. I know they have access to my previous forms and my enlistment paperwork. A little background that I could definitely get some advice about: I am looking to get a Secret or Public Trust now, and I honestly am very remorseful for lying on the forms in August as my drug use ended in early 2018. If you get asked about drug use and you didn't actually see him taking drugs, you can honestly say that you don't have first hand knowledge of that. That just means your ability to appeal is limited. Cookie Notice Create an account to follow your favorite communities and start taking part in conversations. On December 21, 2021, particularly in response to the changing landscape of marijuana use under state law, Director of National Intelligence Avril Haines issued a memorandum clarifying the guidance. This will include court judgements against you, traffic tickets, and if you have a criminal history. Privacy Policy. Scattered Castles is the security clearance system of record for Intelligence Community security clearance holders. The security clearance background investigation process falls under federal guidelines, therefore any criminal charges must be filed in a Federal District Court by the charging agency. "Why would we ever give him a security clearance and the secrets to America? What, if anything, you decide to do about correcting the pre employment form is up to you. Sooner or later you will require a new SF86 though. It statesI have read the instructions and I understand that if I withhold, misrepresent, or falsify information on this form, I am subject to the penalties for inaccurate or false statement (per U.S. Criminal Code, Title 18, section 1001), denial or revocation of a security clearance, and/or removal and debarment from Federal service.. So, bottom line: chill tf out it's not a big deal. Thats it. So, I will not allow him to be on Intel." Schiff, meanwhile, "lied to the American public time and again," McCarthy . [Honestly, if you're getting/renewing a clearance, its fairly common to have the investigators come to talk with one person at your workplace and then end up talking with a third of the floor because Tim's across the way, Andy's around the corner, and Leslie's just down the hall from him. The security clearance process ensures your ability to securely access, manage, and protect classified information. You will likely be advised of 4 things prior to the interview, the purpose, the creds of the Investigator, the Privacy Act of 1974, and it being an unclassified conversation. But if someone knew he hid it, it could be used to influence him. They determine the level of clearance awarded to a person, which consist of three different levels: 1) Confidential, 2) Secret, and 3) Top Secret. DCSA can only discuss case status information with authorized contacts from your branch of service. But facts dont matter, right? All reliable, past and present information about the applicant, All my questions are pretty much directly handled by the recruiter i havent had any contact with any security officer from the company and the interviewer i met once and i have no contact info for. When a person is seeking security clearance, they will be required to fill out various forms, such as the security questionnaire and the personal history statement. Top Secret or SCI is a much more invasive process. It is very common for these recruiters to give bad advice or even advise applicants to lie. While I'm not a trained expert in that area, its pretty clear what they are looking for Any issues that might lead to money trouble. Were I in your position Id reach out and fess up. Got a qwik question and hoping the vast experience of the board will help. Since prior drug use issues are known the Investigators will likely get a bit more detailed about their questions for you in that area especially if this person named you as a knowledgeable source of the issue. What recourse do applicants have if they have proof that a previous contact or boss or coworker lied on the INV form 41? They'll likely see it as bullshit but won't care because it's not an interrogation. The best is to get it over with now. If you lie you're committing a federal offense. His was adjudicated favorably. They may also be interviewed by their employer, a security official, an investigator, a government representative, or a competent medical authority, or any combination thereof. 22. This has been the norm for a couple decades. Be prepared to explain the discrepancy in case youre asked about it. President Donald Trump ordered a top-secret security clearance be granted to Jared Kushner, his son-in-law and senior adviser, last May despite objections raised by intelligence and White House officials, four people familiar with the matter told The New York Times. Past drug us or partying in college doesn't necessarily mean they can't be trusted. Can the investigators access previous OPM investigation profiles? So why dont we hear of anyone (other than background investigators) getting charged with and convicted for this offense? Please contact the moderators of this subreddit if you have any questions or concerns. Reply. Who decides if I get a security clearance? Misconstrued information on the form grounds for separation from the military. Don't rely on the recruiter for anything ever again. Jared Kushner lied on his form. While they technically could falsify information on the form, background investigators will inquire for more information through other sources for any issues that come up. Do I have to give a reason? Kushner was not granted full security clearance until May of 2018, almost a year and a half into his role as a senior advisor pertaining to matters in the Middle East. Security clearances aren't denied simply because people have a colored past. Your friend has asked you to commit a criminal offense. When they come around asking questions about your Friend, they're also going to ask you about other people that know him - "You mentioned he knows Tim? Contact a Military OneSource non-medical counselor at 800-342-9647 to help you identify the kind of help you need and put you in . A Department of Defense military security clearance investigation examines your character, conduct, criminal background, financial responsibility, and emotional stability. 5? The extra questions at the end of the interview asks basically if you have ever provided fraudulent information on an official form or if you have mislead an official/investigator. Falsifying information on the SF-86 is a felony that can result in fines or five years in prison. I'm curious then, if you suspect that someone has misrepresented in an interview, do you make a note about that interviewee's veracity that might become part of their record in the event they were to ever apply for clearance? Other levels of clearance exist, such as Public Trust; however, Confidential, Secret, and Top-Secret security clearance are the most widely used. I'm late to the party but I actually conduct these field investigations for clearances and have some useful insight here. I plan to bring up my mistake on the previous SF86. 2.) 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