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Jim Reilly
Jim Reilly, Crim Defense Atty
Category: Criminal Law
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Experience:  CA Atty since 1976, primarily criminal law. 150+ jury trials.
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hi there, dumb question for a dumb friend of mine. Hes going

Resolved Question:

hi there, dumb question for a dumb friend of mine.

Hes going out for a top secret clearance sf86, already sent in. He had altercation at a local restaurant recently, strictly verbal 100% with a server. He was intoxicated. No police were called or anything.....he seems to think the government will find this out, and even if they did it seems like non sense.....
Submitted: 2 years ago.
Category: Criminal Law
Expert:  Jim Reilly replied 2 years ago.
HelloCustomerand welcome back to JustAnswer.

If the police were not called at the time, the only possible way that a police report could exist is if the server went to the local police department after the fact and filed what is called a counter report (written report prepared by the citizen and filed with the PD). It is quite common for police departments to simply take such reports and file them without further action.

If your friend wants to be absolutely certain whether or not such a report was submitted, he can go to the police agency with jurisdiction over the location of the restaurant (city PD or county sheriff if in unincorporated territory) and ask if such a report was filed.

Even if it was submitted and filed, however, it is extraordinarily unlikely that even a top secret clearance check would find this report, because they are not entered into any statewide or national criminal information data base. Not even the most rigorous background check goes to the point of requesting reports directly from every police agency in the country (or state), other than perhaps those where the applicant lives and/or works.

Another thought -- does the server even know your friend's name? If not, then it's a 100% certainty that no one would ever find any counter report that may have been filed.

By the way, there is no law against having a verbal altercation ... I can't imagine that anyone participating in a security background check would care about such an event, even if it was discovered.

Thanks for asking your question here on JustAnswer. If you have any other questions about this situation, please let me know.
Customer: replied 2 years ago.
The server would know his name, hes a regular, and all that was pretty much said was "f**k you" and then his GF explained he was drunk, etc. Thats it.

Also for the BG check,im guessing the only thing the feds can find is stuff on the record, is that correct?
Expert:  Jim Reilly replied 2 years ago.
Yes, they would find only matters which are in some official record. And as far as criminal backgrounds, they would only be checking the official databases (FBI, CI&I, etc.). If they had a particular reason for doing so, they could, of course, request local police records, but would likely do that only for local jurisdictions (where your friend lives/works).

Based on your description of the incident, there does not appear to be any probability that even a TS clearance check would find it.
Jim Reilly, Crim Defense Atty
Category: Criminal Law
Satisfied Customers: 1801
Experience: CA Atty since 1976, primarily criminal law. 150+ jury trials.
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