Arrest and Public Trust (moderate risk) clearance

I was hired with EOD as a software developer in January 2017. I believe I’m not up for review until about that time in 2022. I received a DUI (pending) a little over a month ago. Was never arrested but there was an accident involved with myself being the only injured party. Never had a violation, record of any kind, driving record is completely clean otherwise. Per my lawyer’s recommendation I’m attending victim impact panels and enrolled myself in an intensive outpatient program to lessen the impact of what the judge sees fit to decide. It is a misdemeanor. I’m assuming they’ll want to determine if I’m a problem drinker and therefore a risky investment. I’m unaware of any requirement to self report. I’ve reviewed the legal contract regarding my employment and it mainly covers proprietary issues (i.e. I can’t reuse the code I write for use elsewhere if I’ve written it on the clock or while using a GFE). I’m a contractor in web development. My question is, how worried should I be? It’s the only job I’ve really loved and don’t want it to disappear because of one terribly misguided decision after a night of celebrating a promotion. I have not self reported as the court date isn’t for a couple more weeks.

Thank you for any input or advice.


It’s unclear to me if it was technically an arrest or not. I was taken to the hospital for evaluation and released with no significant injuries but with citations.

A bit of a guess here . . . I don’t know as much about public trust as other clearance levels.

First, start a new thread . . . When you tack something like this onto the end of someone else’s post, it doesn’t get the attention that it deserves.

Now . . . You may not have a been arrested but arrests aren’t the only thing that you need to be concerned with and report. You have traffic tickets for which, I believe, the penalties could easily be in the hundreds or thousands or dollars. This is usually reportable. In addition, it’s an alcohol related offense which is ALSO usually reportable. Don’t wait for the court date or the disposition. Report it now.

Take your responsibilities seriously. That’s what the investigation was all about in the first place.

Citations means you must report. Not reporting is going to cause more grief than not reporting. The BI process will normally wait until the case is disposed in court before pressing too hard.

If you have a security clearance, you have the obligation to report. This not something that would be in your employme3nt contract.

I have been offered a job that requires a public trust clearance. I have 2 misdemeanor DUI’s from 2014 - 2017 and have partaken in AA classes and both cases are due for expungement. Do you think it will be possible for me to obtain a clearance?

A public trust is not a clearance . . . but, you should be able to pass muster if this is really all there is.

I am applying for a Public Trust adjudication for a correctional officer position with the BOP Bureau of Prisons. In 2014 I was charges with domestic violence. My now ex wife and I got into an argument and she threw a vase that hit me and I threw my cell phone that hit her. The police was called and they were going to arrest us both but only ended up arresting me because she had a bruise and I didn’t. Anyways, we reconciled at the time and went to court, and both of us pleaded before the judge that we were both in the wrong for how we acted and wanted to work on our marriage. The judge dropped and dismissed the case/charge. My question is will this affect my public trust suitability as the position I am applying for is a correctional officer and similar to a law enforcement position. Thank you.

If the charges were dismissed with no conditions of probation or deferred judgement then there would be no issues.

I live in Maryland and have tried to have my DUI convictions expunged, but the state won’t allow it. Drug charges can be expunged, but not DUI’s!

You have to report expunged court cases on the SF86. I can’t tell you how many times I’ve been yelled at by a Subject because they tried to hide their expunged records and I confronted them about the records.

How many do you have?

i can think of five cases over the last couple years off the top of my head. One guy was screaming so loud the FSO came down to the interview room and told the guy to leave. The FSO was an “old dog” and knew he couldn’t ask. BTW, that Subject never showed for work the next day - I was there waiting to complete the Subject interview.


I am in the application process for an 1811 special agent position that requires a public trust background check. I am currently 24, when I was 18 I was arrested for MIP if alcohol and when i was 20 I was arrested for boating under the influence. I have not had any other problems since then. How do you think this will affect me getting through? Thanks for your response in advance.

Conduct as a teenager is written off to youthful indiscretion. The BUI happened 4 years ago and is mitigated by time, so as long as there is no other recent activity involving alcohol you should be fine.

Thanks for taking the time to response. I very much appreciate what you’re doing!

Hi, I was charged with Prostitution General, and it was closed. After 1 year the case was expunged, I was never arrested, I got a memo from court. Is there any way I can get clearance? One massage ruined my entire life, but my employment background (non clearance) checks don’t show these. Please help

Answer security questions truthfully, literally, and carefully.

Good evening, I am in the process for the position of police officer with a federal agency. I was arrested and charged with illegal possession of an Assault Rifle and High Cap Magazines. The guns were bought LEGALLY in one state however, I moved states and the state I moved to had a ban on assault rifles. I have to fill out the SF-85P. I am wondering what are my chances of being hired and passing the background investigation.

Your bigger concern is final suitability from the agency. Law enforcement agencies aren’t fond of hiring people who can’t follow simple yet serious laws. I mean, how can they expect you to enforce a law against illegal weapon possession when you can’t follow the law yourself? And the whole, “It was legal in the state I came from” isn’t a valid excuse. A responsible gun owner knows the laws. I had to sell certain guns when I moved from Colorado to Maryland because I don’t feel like losing my TS/SCI and I used to work in a prison, so I don’t feel like spending time in one. Sure, “the Second Amendment says…,” but I’ve got more important things to focus on and I was still able to keep plenty of the guns I own, even with Maryland’s terrible laws.

Anyway, try to be less of an idiot. It’s a Public Trust and not an 1811 position, so they have thousands of other applicants they can go with. If I was the agency, I wouldn’t take a risk by hiring you.

That was a bit harsh.

Did the OP know the his/her new states laws? Ignorance isn’t ann excuse but maybe it was just an innocent mistake.