NOPA
What is a NOPA?
Here are some reasons why a Notice of Proposed Action (NOPA) might find you unsuitable for Federal Employment:
Maybe because you...
shoplifted last month...
were arrested 2 times for DUI while waiting for your OB...
were drunk at the time of your OB...
were fired 3 times in 3 years for being late...
were expelled from school for Possession with Intent to Distribute drugs...
were kicked off the track team for videotaping cheerleader's in the shower...
lied about your work experience...
lied about your school record...
lied about your illegal alien spouse...
lied about something they wouldn't have cared about if you had told the truth on the SF 86...
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How to respond to your NOPA:
1: Immediately write back asking for an extension of 30 days or so, while you seek counsel to help you prepare.
2: Seek professional help. You should find a good lawyer, English professor, your local pastor/priest/rabbi, or someone with strong writing skills to help you draft a response specific to the issues raised in the NOPA.
3: Stick to the FACTS. Explain how & why you did whatever you did (fell behind on credit, for example) and what steps you took to correct your errors. Get & provide proof that you are paid up on your debts now, or are at least making all payments on time if it is a financial case (about 1/2 of all NOPA's are about financial issues). The recipient of the letter cares not one whit about how much you love the United States or how badly you want to be a Border Patrol Agent. STICK TO THE FACTS OF THE CASE.
4. Use the template: www.HonorFirst.com/nopa.doc. (This is an MS Word document.)
NOPA's cover such a wide variety of issues, it is impossible to give a simple answer to "how to respond." Some NOPA's refer to psychological instability. Some NOPA's might refer to involvement in a homicide, or past/present membership in a violent gang. These are a bit harder to resolve than a NOPA related to a DUI from 23 yrs ago.
Some issues (like unreported felony convictions) cannot be overcome by any reply. Or for example, a NOPA issued because an applicant is herself an illegal alien who is a fugitive from justice with outstanding warrants on her for criminal activity. Can't beat that with a three-page reply.
All together, here is a rough breakdown of what MIGHT happen in 10 NOPA cases.
4 will never respond at all, and get denied for failure to try.
3 will respond poorly and miss the issue entirely, or deny the problem, or write so poorly that the adjudicator can't comprehend the writer's intent.
3 will respond well, and adequately address the issue; satisfy the adjudicator that the writer accepts responsibility for his/her past actions, has learned to make better choices since the incident/s, and demonstrates rehabilitation since the incident/s.
This is a broad generalization, and can only be used in that vague context
On the misconduct issue I need to address the circumstances relating to a write up in a job that I had previous had, which in fact I have copy of a document contradicting the write up from a higher official. On a separate misconduct issue it stated that some sources from that job stated that I should not be a law enforcement officer. I'm been employed as a law enforcement officer for four years now and left that previous job in good standing. Do I just need letters of recommendation from my supervisors from the previous and present jobs?
No. "Letters of recommendation" are meaningless. A letter or two answering the specific NOPA issue(s) in detail would be much more relevant.
In general, it is better to show the NOPA to a reference or former supervisor from that time period, if the NOPA is a behavior issue or an employment issue. Ask the supervisor to specifically address / refute the allegation, if that person has knowledge of the event and is willing to do so.
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Each case is decided on a case-by-case assessment of your total life. NOPA's for drug use depend on the recent nature of the behavior, frequency, attitude, and type of drug used or experimented with.
A single incident is less of an issue than 20 tries, or 7 different drugs over a 5 year period.
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Ray Harris. All rights reserved.
A Career with Borders, But No Boundaries!
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