Home     Law Advice     Insurance Advice     Community    
Go Back   FreeAdvice Legal Forum > GOVERNMENT & ADMINISTRATIVE LAW > Military Law

Powered by Attorney Pages


  Find An Attorney In Your Area    
 

Reply
 
LinkBack Thread Tools Rate Thread Display Modes
  #1  
Old 01-08-2009, 06:20 PM
Junior Member
 
Join Date: Jan 2009
Posts: 1
Exclamation

Secret Security Clearance Inquiry


I have a 24 year old friend who is due to go off to Naval boot camp within the next couple of months. Her rate is of one that requires a SECRET security clearance. When she was 19 years old, she caught her one and only official charge, which was an "MIP", or minor in possession of alcohol. [I say "official charge" because she does have one speeding ticket, which has been waived. She does have a couple of instances during her teenage years that involved police involvement, but was never charged with anything personally.] Herein lies the problem:

Her recruiter ran the standard police background check from the recruiting offices and could find no record of the MIP (because it was expunged.) He advised her not to admit to this at MEPS, stating that "they wouldn't find it", and that it would only cause problems for herself if she admitted to it. He stated that because of her being a high school dropout (she did obtain her GED), it would limit her job selection, and really just cause more hassle.

So here are the following questions I am putting forth for you all today:

1.) What are the chances this omission would be caught during the SECRET security clearance?
2.) What would most likely occur to her, punishment-wise?
3.) Is it possible the recruiter doesn't really care what happens to her, since she is out of his hands after boot camp (and received his quota, bonuses, rewards, etc?) Would he be reprimanded?

Thank you very much for your time.
  #2  
Old 01-08-2009, 08:12 PM
Member
 
Join Date: Apr 2005
Posts: 599
Quote:
Originally Posted by IW2SKB View Post
1.) What are the chances this omission would be caught during the SECRET security clearance?
SECRET clearances are fairly easy to get even with certain minor charges. Even though she should admit everything and be honest, if it has been expunged then they won't find it.

Quote:
Originally Posted by IW2SKB View Post
2.) What would most likely occur to her, punishment-wise?
Worst case is she doesn't get the clearance and will have to re class into a different naval job.

Quote:
Originally Posted by IW2SKB View Post
3.) Is it possible the recruiter doesn't really care what happens to her, since she is out of his hands after boot camp (and received his quota, bonuses, rewards, etc?) Would he be reprimanded?
Most recruiters could careless what happens after everything is signed and the recruit is sworn in.
  #3  
Old 01-08-2009, 08:43 PM
Member
 
Join Date: Jul 2007
Posts: 53
Quote:
Originally Posted by IW2SKB View Post
1.) What are the chances this omission would be caught during the SECRET security clearance?
I would not recommend assuming that the investigators will not find out about expunged or sealed criminal records.
  #4  
Old 01-08-2009, 10:56 PM
Member
 
Join Date: Jan 2009
Posts: 699
An expunged record will show that exactly that has happened and with a court order the investigating agency can view the record. A secret clearance is not anything to take lightly and retraining is a nightmare that I would not wish on my worst enemy. Your friend should be candid on her application that she will be required to fill out long after she graduates bootcamp, finishes her training, and reports to her first command.
  #5  
Old 01-08-2009, 11:04 PM
Member
 
Join Date: Apr 2008
Posts: 68
I received a secret clearance with 7X more than a simple MIP. No need to conceal since it will not affect ability to gain clearance, however, investigation uncovering it with her concealing it could be grounds. List anything the SF-86 asks for. If the MIP is all she has, then she has nothing to worry about.
  #6  
Old 01-09-2009, 10:04 AM
Member
 
Join Date: Apr 2005
Posts: 96

Couldn't agree more


Tell the truth. It may take a while longer to get the clearance but if the record is clear otherwise it will not be a problem. They aren't looking for isolated instances - the investigators are looking for patterns of behavior.

One note - there aren't a lot of rates in the Navy which don't require at least a Secret clearance. Of the top of my head I'm thinking CS and SK only. Great rates but it's not exactly GM ; )
Reply



Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes Rate This Thread
Rate This Thread:

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is Off
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On
Forum Jump

All times are GMT -5. The time now is 09:11 AM.



IMPORTANT NOTICE
THE VIEWS EXPRESSED ON THIS PAGE WERE NOT REVIEWED BY THE EDITORIAL STAFF OR ATTORNEYS AT FREEADVICE.COM. Thousands of professionally prepared and reviewed questions and answers in 130 legal categories are to be found at the Question and Answer pages at FreeAdvice.com.

F
reeAdvice Forums are intended to enable consumers to benefit from the experience of other consumers who have faced similar legal issues. FreeAdvice does NOT vouch for or warrant the accuracy, completeness or usefulness of any posting or the qualifications of any person responding. Use of the Forums is subject to our Terms and Conditions which prohibit advertisements, solicitations or other commercial messages, or false, defamatory, abusive, vulgar, or harassing messages, and subject violators to a fee for each improper posting. All postings reflect the views of the author but become the property of FreeAdvice. Information on FreeAdvice or a Forum should not be relied upon and is not a substitute for advice from an attorney licensed in your jurisdiction who you have retained to represent you. To locate an attorney visit AttorneyPages.com. Copyright since 1995 by Advice Company. All Rights Reserved.