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...
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...
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 NOPA TEMPLATE.
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.
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.
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 NOPA TEMPLATE.
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.
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.
NOPA - Notice of Proposed Action
Copyright © 2008 - 2015
Ray Harris. All rights reserved.
A Career with Borders, But No Boundaries!
(Unofficial web site: See disclaimer) Customs and Border Protection,
United States Border Patrol, an Equal Opportunity Employer.
Ray Harris. All rights reserved.
A Career with Borders, But No Boundaries!
(Unofficial web site: See disclaimer) Customs and Border Protection,
United States Border Patrol, an Equal Opportunity Employer.
