Hey everyone,
Looking for some advice on something I put in a previous post. Background- I have a TS clearance and have held it with no issues since 2019. Last month I was charged with DV allegation by my cohabitant. I have hired a lawyer to defend me, started classes to help my case and self reported everything. I understand that there is no way to predict what may happen to my clearance. I have a clean record aside from speeding infractions 2 years ago. I’m looking at the worst comes to worse scenario and let’s say odds are against me as it’s my word against hers which it is. There were no witnesses at the time of the incident. I’ve done some research online and discussed this with my lawyer but again these are all hypothetical until it happens. I see normally for first offenses deferred disposition is common in which you would plea guilty or no contest and the court would set terms and probation that you would have to meet and in the end the case is dismissed. Secondly a plea down option is broad but one I found was “disorderly conduct” from an assault charge which will be a conviction but I guess not as serious as assault. My goal is to avoid a conviction entirely but I understand that it’s not always the case or a guarantee in every situation. My question is something like disorderly conduct as supposed to a assault charge or conviction especially just one misdemeanor conviction how would that affect my clearance? I’ve seen many different blogs that had deferred disposition but the adjudicators decided that it was enough due to criminal conduct to deny there clearance. I’ve read some that ended differently and they kept them. The issue is that when we are weighing everything she obviously has the upper hand being that she called the police and had the first statement and I was arrested. So as far as court is concerned she has all the leverage. I’ve met with the investigator recently and explained everything about what happened including her history or mental illness and how this is something she has done to others in the past or fabricated or twisted stories. I’m going in being entirely honest and giving them everything they are asking for. Would it be better plea down to a lesser charge if worse comes to worse or take a deferred option to eventually possibly 2 years from now dismiss the case but again risk losing my security clearance because the government is not going to wait?