Arrested for Speeding (more than 26 miles of posted limit) - Misdemeanor B, Crim/Infract -- Should it be issue in security clearance?

Sum_01 · February 21, 2021, 3:01pm

I have two Federal job offers as a consultant/contractor through IT Consultancy companies.
1> For one offer, I was asked to fill SF85P, and
2> And for the second one, I was asked to fill OF 306.

Now situation is, I am on H1B (living here for more than 5 years), and around 2 and half years back in 2018, I got arrested for speeding. It was more than 90/on 60. It was absolutely unintentional, since I was very inexperienced driver, and I was driving a brand new premium model rented car (which I was never used to drive).
Later on I paid $1000 fine for speeding (Misdemeanor b, Crim/Infract), and prosecutor dropped the ‘Failed to Yield’ charge.

Do you think, can it create issue with my security clearance?

An answer will really be appreciated. I am but stressed; don’t want a bad day to impact my career.

backgdinvestigator · February 21, 2021, 2:56pm

One traffic misdemeanor is a minor issue if reported on your SCA./SF86. It is not an instant disqualifier by itself.

Sum_01 · February 22, 2021, 4:23pm

Thanks a lot for your reply. Really appreciate it.

I am a law abiding person, and have no other mark to mention in my entire life.

That was just a bad day. Also I still don’t understand that, apart from “Speeding” and “failed to yield” - why the police officer charged me also for ‘resisting arrest’ (may be because I asked couple of times to let me go as I had to drop my parents to catch international flight) and “child endangerment” (may be because my son was there in the car, and I was driving fast - I think its completely incorrect). My finger print taken, and I paid the bond amount to get out of the jail.

But Public Prosecutor didn’t even file those two charges, only filed for “Speeding” and “Failed to Yield”.
And later on at court, the ‘Failed to Yield’ charge also dropped.

Since prosecutor didn’t even file ‘resisting arrest’ and ‘child endangerment’ - so I didn’t mention about those in SF85P, and OF 306. I have mentioned only recorded charges – “Speeding” and " Failed to yield" (that too dropped). Hope that is okay (to mention only the filed/recorded one)?

NoFaultRZ · February 24, 2021, 5:48pm

Just be honest about it and list it on the form. If for some reason your clearance gets denied, appeal it. I have done lots of investigations regarding the same thing and those people got their clearances. This clearance process also makes a big deal about a parking ticket from 5 years ago, so don’t worry.