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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 114090
Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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Are you able to help me with creating a statement in

Customer Question

Hello, Are you able to help me with creating a statement in response to a Letter of Interrogatory? There is one item that i need help with. It is listed at the end as well as my response. Can you please review, critique, and provide professional feedback? Here is what was presented to me: Your Standard Form SF85P Questionnaire for Public Trust Position showed you answered "NO" to Section 12: Employment Record; states has any of the following happened to you in the past 7 years? Quit a job after being told you'd be fired. Left a job by mutual agreement following allegations of misconduct. Left a job by mutual agreement following allegations of unsatisfactory performance. Left a job for other reasons under unfavorable circumstances. However, during the course of the investigation information was provided that you were terminated from *****t in 5/2014 and *****d *****n in 2/2012. In regards ***** ***** employment record, information was disclosed of several warnings for punctuality from Securemedy, and Essential Security Services which you indicated no likelihood of reoccurrence. Furthermore you answered "NO" to Section 20 "Your Police Record", which asks: "In the past 7 years, have you been arrested for, charged with, or convicted of any offenses? (Leave out traffic fines of less than $150)? Information was provided that you received a citation for speeding in 2013. Please provide our office with the following information: --> Detailed statement indicating the details of your terminations; the issues surrounding the circumstances and any documentation received from Target and Alien Barton regarding this. --> Provide this office with an in-depth explanation on why there were punctually issues from your previous employers. --> Provide copies of the police report, court records, disposition and completion of any court ordered counseling or rehabilitation programs for the 2013 traffic violation; to include the circumstances surrounding the issue. --> **A detailed statement outlining the reason you failed to list the termination and traffic violation for questions 12 "Your Employment Record" and 20 "Police Record" on your SF85P** My answer: This is the item that I need help with. The questionnaire was already pre-filled with information from another investigation and I remember just blowing past a lot of items. Also I filled out an SF86 for the military which is structured different than the SF85p in a way that you have to select the actual employment item under "Previous Employment" to input termination data compared to there being an individual Yes/ No question in its own section (Section 12) for termination data. I want to be as honest as possible here but do not know how to say what i want to say without making matters worse or appear unfit for suitability. Here is a draft below. My answer: "Due to the questionnaire being pre-filled, I sped over several items assuming all information was already inputed from my previous SF86 done for my clearance in the Military. I do not recall whether the "No" answer for Section 12 was already pre-filled or if I selected it, but I fully accept that I was negligent in the questionnaire process by not thoroughly going through it and if I may do so, I would like to state that I had no intention in withholding information from investigations. I humbly apologize for this inconvenience and can assure that this will never again occur." What are your thoughts?

Submitted: 2 months ago.
Category: Criminal Law
Expert:  Law Educator, Esq. replied 2 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

While it is a good start to explain why you forgot to enter the information and checked "No" instead of "Yes", you are going to have to actually explain the situation with the employer and tardiness issues and also you will have to explain the issue with the traffic citation and what happened with the citation (paid fine, dismissed, whatever the disposition was). So in addition to them wanting a reason for why you did not answer the questions correctly, which you have done, you need to explain the situation with the prior employer to minimize the tardiness issues and also explain the traffic citation issue to them.


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Customer: replied 2 months ago.
Understood sir and thanks for taking the time to reply. I will list y responses below. Can you review, critique, and provide further advice if possible for me please?--> Detailed statement indicating the details of your terminations; the issues surrounding the circumstances and any documentation received from Target and Alien Barton regarding this.My answer: "Target - Worked as an Asset Protection Specialist (APS). I was terminated for assisting APS Luis with an in-store apprehension while off the clock. I was a Loss Prevention Supervisor so I did not leave the store immediately. While in the APS office I observed an unknown individual select and conceal Target merchandise and notified the on duty APS, Luis. As APS Luis was conducting the apprehension, it became evident that he needed assistance and I assisted him immediately. Upon review, myself along with Target Protection Specialist (TPS) Micheal, were terminated for working while off the clock. We both decided to assist APS Luis out of our own free will.""Allied Barton - Worked as a Security Officer. I was terminated for post abandonment. I was working a one man stationary post. The lunch break practice for this site was to have the parking attendant sit post while the guard is on break. I followed procedure and was relieved by the parking attendant, however I did not return until an hour later. I was working full time at this job and also at InfoTech Security. I used my lunch beak to rest and over slept. My supervisor notified her supervisor of my absence. I then was called to report to the main office where I admitted to and signed for post abandonment."--> Provide this office with an in-depth explanation on why there were punctually issues from your previous employers.My answer: I don't recall any critical circumstances that would hinder me from making it on time for work other than transportation and time management issues. I do know that I was very undisiplined before I joined the Marine Corps and had trouble with time management. I have grown, made several mistakes, and learned from them over the years. I have matured and learned the importance of punctuality esspecially in a place of business.--> Provide copies of the police report, court records, disposition and completion of any court ordered counseling or rehabilitation programs for the 2013 traffic violation; to include the circumstances surrounding the issue.Action taken: "I have retrieved the 2013 traffic violation and the reason I did not list it is because the dollar amount was below $150."--> A detailed statement outlining the reason you failed to list the termination and traffic violation for questions 12 "Your Employment Record" and 20 "Police Record" on your SF85PMy answer: This is where I need the most help. The questionnaire was already
pre-filled with information from another investigation and I remember just blowing past a lot of items. Also I filled out an SF86 for the military which is structured different than the SF85p in a way that you have to select the actual employment item under "Previous Employment" to input termination data compared to there being an individual Yes/ No question in its own section (Section 12) for termination data. I want to be as honest as possible here but do not know how to say what i want to say without making matters worse or appear unfit for suitability. Here is a draft below.My answer: "Due to the questionnaire being pre-filled, I sped over several items assuming all information was already inputed from my previous SF86 done for my clearance in the Military. I do not recall whether the "No" answer for Section 12 was already pre-filled or if I selected it, but I fully accept that I was negligent in the questionnaire process by not thoroughly going through it and if I may do so, I would like to state that I had no intention in withholding information from investigations. I humbly apologize for this inconvenience and can assure that this will never again occur."What are your thoughts?
Expert:  Law Educator, Esq. replied 2 months ago.
thank you for your reply

Those explanations are VERY GOOD, especially the doing your job while off duty and also the explanation about the Marine Corps correcting your issues with punctuality, because those show the conduct alleged is not a continuing issue and not really something that will cause future issues. The citation being under $150 is good too, that shows you did not incorrectly answer that question.