I have a pretty crazy story and I need some advice from security managers and/or former adjudicators.
I’ve had a TS/SCI clearance since 2008 with a clean record. Until about 3 years ago I made a very dumb decision during a divorce and accessed my ex-partners iCloud account from my unclassified work computer. I was working at a three-letter agency and was walked out. They never told me why. Never got an SOR.
7 months later I got another job but my SCI would never adjudicate because I had a “SCI adjudication suspended pending SMO response” flag in my clearance. I was let go from that job too, after 19 months because of that. I still had no idea what was going on. Until I found out what the incident was when the FBI knocked on my door to ask questions about the iCloud access.
I then got a TJO for a GS position with the Navy. They of course saw the SMO flag and the LOJ in DISS and asked me what happened. I fully disclosed the iCloud incident to the Navy Security Manager. This was the first time I actually had an opportunity to report what the incident was. A few months later DCSA sent me an SIR to fill out a new SF-86. I did, reported the incident, and lo and behold, within 10 days DCSA regranted my TS/SCI eligibility, and the Navy promptly gave me an FJO. Finally, after 3 years of limbo! My wife and I literally cried.
So, all good right???
Oh no no no.
2 months after the FJO the FBI/DOJ calls and they are talking about charging me with unauthorized access. For the EXACT SAME incident that DCSA already vetted and mitigated. I also received my PCS orders while all this is going on with the DOJ. I have some time before I have to report because the position is OCONUS.
My attorneys met with the prosecutor and he is not declining. And the best we can hope for is MAYBE Pretrial Diversion which is 12 months and it has to be done here. Either way they said my Navy assignment is not happening.
I have not been arrested, nor charged, but I plan on telling the Navy Security Manager as soon as I get a an official answer.
So my questions are:
Is my clearance probably gone?
Does a misdemeanor kill my career?
How does PTD work with a clearance?
Considering this potential charge is the legal resolution from the same incident I already reported, what are my odds of keeping my clearance?
I have seen instances of a person keeping their clearance even with a felony as long as they were honest and reported it. I plan on being 100% honest and reporting this the instant I am charged or plead to anything.
This has been a very stressful 3 year nightmare for my family and I. I thought it was over when DCSA granted me eligibility again, but I was wrong. I know my GS position is most likely gone, but surviving this and keeping my career is top priority
Any advice would be very helpful.