Arrest and Public Trust (moderate risk) clearance

I have just passed the interim public trust clearance with moderate risk and it is being adjudicated. I had no criminal history up until three days ago when I was arrested under 14510/CRIM MISCHIEF. The attorney at the court said that the charge will most likely be lowered to a misdemeanor (can be sealed after six months) or best case scenario, a violation. I was released the next day and asked to appear in court in June. My questions are:

  1. I have just started my job, and I have indicated my arrest (without conviction) on one of the forms I had to fill out on the first day of my job. Do I have to officially report the arrest to the security office?
  2. Since I still have to show up in court and I have not been convicted, will the arrest affect my clearance thus my job?
  3. How will the court decision affect my clearance, in terms of class D Felony, misdemeanor, and Violation?
  4. This job is very important to me. Im a very dedicated individual. The arrest was domestic dispute related and no one was injured. What can I do at this point to salvage the situation?

Your help and response is greatly appreciated!

You are in a Public Trust position (held to a higher standard of honesty and integrity) so it is a no brainer: Report this to your Agency Security Officer. They may have self reporting requirements as it is, but what happens in 4 and a half years when you reinvestigation comes up and this information pops up? Bets to take the medicine now than later, being forthright and honest by self reporting are mitigators.

1 Like


Thanks for your response. I have no intention on hiding the arrest from the security office. I guess to make my question clear, I’m concerned about the protocol and requirement for a Public Trust position. Will an arrest with a misdemeanor automatically disqualify me from getting a final Pulic Trust clearance?


There is no such thing as a public trust clearance (see other posts on this topic). They are adjudicating to see if you are suitable for the position. One misdemeanor charge that is still pending should not prevent you from being found suitable.

Hi Mr. Marko,

I have a job offer to work for the US dept as a contractor in IT security.

I have lived in the US for 17 years to do my Masters and have several certifications in the field of IT security.

In December 2013 I had an arrest in Virginia (18.2-57.2 Assault and Battery on family member -wife). The case went to court I pleaded not guilty and the judge gave me a deferred adjudication and probation for 2 years. The case was dismissed in Feb 2016. I also completed the anger management course and still am with my wife after going through several months of counseling.

In dec 2012 I had a speeding ticket. I have credit score of 800+ and nothing else.

Question - Am I eligible or would I get a public trust clearance?

Is there anything I can do or provide to show that I am a changed person on the OF-306 form?

Based on the information you provided it would not prevent you from being eligible for a Public Trust position in IT. (you would be ineligible of it was a law enforcement position because it involved DV)

I just got offered A job with the Dept of Interior start date is dependent upon Completion of a EOD . I have tried to get clarification on what type of clearance or suitable but have gotten vague responses from The recruiter on requirements needed to pass a EOD. I have been through a Public Trust , secrete & DOD clearances before. Do you know which of those are similar to a EOD completion? My concern is I am currently on probation for a mistaminor for telephone harassment from a pervious relationship . I know with a DOD clearance that if your still on probation you can’t get a DOD clearance and wondering if that is the same with other suitability or To obtain a EOD. I really want the job however was told it would take a little over a month to complete is what HR stated . Any info you can share with me would be deeply appreciated.

A job offer contingent upon favorable completion of pre- Entry on Duty checks is standard and are simply pre-employment checks done before bringing you on-board. Some agencies require for you to provide everywhere you have lived, worked or went to school in the last 3 years and they will run a quick check of references, police, and courts. Or you may have to submit an SF-85 or SF-85P along with an OF-306 for review. Being on probation for a misdemeanor offense is not a disqualifier, but it will require an adjudicator to review it. Once they determine you are suitable to bring on the final job offer is extended and your investigation is submitted,

Thank you so much for the info. I have been stressing over this for several days trying to get clarification it’s embarrassing so I don’t want to just ask the recruiter, speaking of HR/recurter whatever info I supply is all kept confidential or does the employer have access to review/read details I have submitted for the BG checks ?

Hello, I would love some help. I have not been arrested but my husband has had some legal issues. He went through treatment and is currently undergoing additional treatment at my request. I’m about to get an offer for a public trust position. He has a felony from several years ago. He comes up on a national database associated with my name because he was on probation and required to give an address and personal contact. We have a mutual friend with military training and clearance background who can vouch for both of us on the sp85. Is there anything else I need to do to mitigate this?

Hello, I am applying for a position in healthcare that is a Public Trust position. I have an arrest from three years ago in which I was charged with a low-grade misdemeanor theft offense, but it was later dismissed without court appearance, resulted in a a non-conviction, and has been expunged. I know that I need to acknowledge this on the SF85P. I would like to know if I will run into any obstacles because of this, if I will need to explain it at length in interview, and if I may be disqualified. I have colleagues at the VA who are enthusiastic about me coming onboard and am anticipating any embarrassment or explanations of why I may be turned down. Please help. Losing sleep over this.

Hi Marko,

I need to know if I can work as an contract armed security guard after having had a year of probation by a misdemeanor for 18 USC 641 Theft/ Embezzlement of US Property. The imputation was for 2007 to 2009 and the offense ended on October 22, 2015 with the arrest. The sentence was on October 19, 2017 and the Probation was on October 19, 2017 to October 18, 2018.

I received a invitation to fill the e-QIP (SF85P) It was completed and send my fingerprints, OF 306 and Additional Questions for Moderate Risk Positions-Branching.

Question - Am I eligible or would I get a public trust clearance?

A felony offense so recent is hard to overcome for moderate or high risk public trust positions. Think about it…why would someone want to hire a person responsible for the protection of personnel, facilities and assets if they have been convicted for theft and cannot be trusted.

It is not a felony, was a misdemeanor. Its the same? I sent an explanatory letter where I also indicated all and that I am doing the master degree.

If not a felony then its better, but still a concern. It can be mitigated but you will have to do the legwork and be totally up front to make them believe it was an anomaly and not a testament to your true character.

Thanks Marko for everything! I like this forum because of the high level of professionalism and respect!

Mr. Beto . . .

In 2017 you were put on probation for “Theft/Embezzlement of US Property” and you want to work on a contract as an ARMED security guard? What property were you entrusted with? What are we actually looking at here? Adjudication will revolve around the actual circumstances of you crime not just the charges, conviction and sentence.

I think that this is going to be VERY difficult to mitigate.

I will not go into the details of the case, but I tell you that it was a misjudgment for the year 2009. I have never had problems with justice. It is the only one, first and last time.

Acording to the US Constitution and the regulations of my state I am not a prohibited person to carry a weapon. I have been very honest. I have provided all the information to the investigator.

I think that you miss my point and I don’t expect you to go into the case. You were convicted of taking something (time, computers, toilet paper, I don’t know) from the government and you are now asking for a position where part of your duty, I suppose, will be protect items for the government.

I’m not judging you in the least, just trying to recognize what you are asking for.

I understand and I appreciate your honesty. Thank you!