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  1. #1
    Join Date
    Sep 2006
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    3

    Default Obtaining Security Clearance with a Dismissed Shoplifting Charge

    I was arrested for shoplifting in Bisbee, Arizona in 92 for a small bottle of cold medicine less then $ 5.00; I was adult at that time. That was my first offense ever. I felt so stupid, ashamed and scared. Police took me to the station for paper work and fingerprinted then release me with no jail time. I came back to court a month later. Judge ordered pay the fine and go to Choice and Responsibility Seminar. Judge dismissed the case...
    In 1999. I went to court asking for a copy of the arrest record to clarify what was the exact outcome in court on that day. Meaning I must look at Disposition Code. The disposition code is 43 on arrest record. According to clerk. Code 43 means: complaint dismissed on motion of court or defendant .Is that means I have not been convicted for that crime, but just an arrest record which will stay with me for the rest of my life?
    Currently. I am interested a job in Arizona, but that job requires secret clearance. Employer must have my fingerprint to check my background .I mean they really check you out OK, if you have something to say, say it now, just be honest or get fired later. I’m’ going to fill out the application form. There is a question on the form asks me that: have you ever been convicted a crime. If yes, give the date of conviction, the nature of the crime or offense, and the sentence imposed. . Should I say yes or no on that question? I want to be honest as much as I can to me employer, you can not get a conviction when the case was dismissed. There is no conviction date. That is least how I thick. But, if they ask me have you ever been arrested for any crime? I will tell them everything. What I really mean is, if it requires me answer it I will answer it, but if is not necessary than I don’t want to put that ugly pass on my application. Any suggestion or advice? Or should I talk to a lawyer before I fill out that form
    Just for peace of mind.

  2. #2
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    Sep 2005
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    Default Re: Obtaining Security Clearance with a Dismissed Shoplifting Charge

    If the police took you into custody after the incident and took you to the police station, that fits pretty much every definition of "arrest".

  3. #3
    Join Date
    Sep 2006
    Posts
    3

    Default Re: Obtaining Security Clearance with a Dismissed Shoplifting Charge

    It is not about set aside or expunged, it was dismissed in court at that time .To be certain. I went back to that court to obtain a certified copy of the arrest just to clarify what is the outcome in court on that day. The Disposition code 43 on my record. Code 43 mean: Complaint Dismissed on Motion of Court or Defendant according to Clerk in that court. If the case dismissed, there is no conviction, technically I never been convicted but just an arrest record. Now. My employer asks me that: have you ever been convicted any crime?. Since I never got convicted, I would say no to that question, but if they ask have you ever been arrested for any crime? I would say yes to this question. That just how I think. I just want to handle it right and honest and truthful before I fill out that application. I don’t want problem later. Your advice and suggestion be very appreciated

  4. #4
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    Sep 2005
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    Default Re: Obtaining Security Clearance with a Dismissed Shoplifting Charge

    If you were arrested but not convicted, the answers would be "yes" to the arrest, "no" to conviction.

  5. #5
    Join Date
    Sep 2006
    Posts
    3

    Default Re: Obtaining Security Clearance with a Dismissed Shoplifting Charge

    So, let me get it straight. On my job application, there is only one question ask me that: Have you ever been convicted any crime? It is ok for me to say no to that question, is that your opinion?

  6. #6
    Join Date
    Sep 2005
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    Default Re: Obtaining Security Clearance with a Dismissed Shoplifting Charge

    If you want legal advice, you have to hire a lawyer. I am entirely dependent here upon the information you provide, and can only provide informational responses - not advice.

  7. #7
    Join Date
    Feb 2005
    Location
    Austin, Texas
    Posts
    56

    Default Re: Obtaining Security Clearance with a Dismissed Shoplifting Charge

    When you fill out your "equip" form for the security clearance you will have two different questions. One will be Have you ever been arrested? (then you have to give details). And also Have you ever been convicted of a felony, or misdemeanor involving drugs, etc etc. (in this question you would have to say no).

    But this really does not apply because if you going just for a basic secret clearance then you only have to provide info for the last 5 years. And even if you are going for a TS or TS/SSBI or TS/SCI you only need to provide info for the last 10 years. So you will not have to disclose this info. Though when you have your interveiw you may want to bring it up just to be safe. If you are going for a life style polygraph you will need more detailed info.

    All and all dont worry about it.

  8. #8
    Join Date
    Aug 2009
    Posts
    7

    Default Re: Obtaining Security Clearance with a Dismissed Shoplifting Charge

    Were you able to obtain a security clearance? Please advise! Thank you! Can you tell me what other jobs you were able to obtain since your charge? I am in a similar position. Thank you so much for your help in advance!

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