Failed to disclose a DUI on a PR 10 years later will I be able to get a clearance


#1

I had a DUI while on active duty, was diagnosed with alcohol dependance, attended outpatient treatment, and completed the 1 year treatment plan. Got off active duty, went into the Guard redid my Secret PR (but didn’t fill out an SF-86, was some other Guard form if memory serves). I was told by my security Sgt, when I asked about my DUI that she would probably not mention it. Yes this was stupid, at the time I was 30, and yes I should have put it and that was bad advice. I should have known better, and should have listed it and if it was no big deal ok, but at least then I would have been better to list it and it not need to be listed. I was wrong… I worked as a contractor for 2 years and stopped using my clearance in 2010. I am now applying for a position that requires a clearance and I am redoing my SF-86.

My question is this, I am married (have been for 3 years) I drink maybe 10 drinks a year if that, I have not drank since xmas eve and even then I had 2 drinks with a family member. My life now that I am married is different I do not go to bars, my wife does not drink at all, and I pretty much dont either. I PT, I have better hobbies and habits, and like to think I am more well rounded now than in my late 20s and even into my 30s.

I think I have mitigated the alcohol, but I am worried about the fact I should have listed that DUI. Even tho my S2 while on active duty knew about it, I still should have listed it on my PR that was just stupid. If I am honest and forthcoming when they do my interview, is this going to be a no go?? Will I be able to recover from that. The time frame that the PR was done was 2006.

I welcome any advice or guidance. Thank you.


#2

The question is not “if” they will find out about the DUI but rather “when”. As far as not putting it down during your PR hurting you from getting a clearance, it probably depends on the adjudicator. Normally, they understand how military recruiters like to game the system in order to expedite the process for recruits but usually we are talking about 18-19 years olds fresh out of high school with nothing to hide. You were 30 years old with a DUI which they may take a harsher view. The best thing you can do is put it down and explain to the investigator what you wrote on here if they ask about it.


#3

How long ago was the DUI and when was the last PR when you omitted the DUI?

Sounds like a long time ago, generally conduct that occurred 9 years+ ago is a non-issue.

On a side note - you were diagnosed alcohol dependent… you shouldn’t be telling clearance people that you currently drink. That right there will get your clearance axed… so, quit drinking and explain to the investigator that you failed to list it due to oversight.


#4

Okay yes the DUI was active duty in 2004. The PR was done in 2006. I will just be honest with them then. I feel stupid I should have just put it down, the security manager seemed just kinda like whatever.

As far as alcohol dependant, I never had any issues since, but will gladly stop drinking (I have not drank since xmas eve) but just because I really don’t drink but a once in a blue moon. I have no problems abstaining 100% but thats only a few months (granted as I stated earlier in the past 3 years max I had 10-12 drinks in a year). But will that be enough to show them hey Ill stop ( I honestly didn’t know that I was diagnosed with alcohol dependency, well I didi but didn’t understand fully what that meant until I just googled it). I followed my treatment plan 100%…

Thank you guys I really appreciate the responses and welcome any guidance or feedback. I am just trying to do the right thing and get continue with my career. I was stupid without a doubt as I truly knew better on my PR. I just hope that is not gonna screw me.


#5

The alcohol recovery will be easier to annotate than explaining “lack of candor”, but you SHOULD be okay given the time that has passed since your reinvestigation. If asked, I would just explain that you were directed by your security manager to not put it down. Whether or not that will mitigate concerns depends on the adjudicator.


#6

This may seem like a silly question but would it help if I went and had a diagnosis again with regard to alcohol, and also get some reference letters from professors at school (I am a full time student at the moment), and maybe a project manager on an internship im working on to write a letter of my character and work ethic? Would any of this stuff help?


#7

The alcohol crap is no longer the issue… So much time has passed… don’t waste your time with another diagnosis


#8

@Dave019 even tho I have been diagnosed with being alcohol dependant? That is my concern, will that be a show stopper? Like I said I will abstain however, I had 2 drinks Xmas eve. So thats only a few months.

But if its no longer an issue, then great… Just trying to verify that and how they view dependance from 2004 and I did complete the treatment plan from the military (12 months of abstaining from alcohol and 2 AA meetings per week, and completed 12 step program).


#9

@midnight0pz - As long as you are abstaining from alcohol as a result of your diagnosed alcohol dependence then, in my opinion, so much time has passed since your last alcohol related issue that it is no longer an issue…


#10

@midnight0pz based on your situation, I would advise you to seek advice from a security clearance attorney. Most clearance attorneys offer free consultation for you to test the water. If you can afford one, retain one.

While I think you should be fine even with possibility of lack of candor, so much time passed and you turned your life around. However, it is up to the agency and adjudicator(s). This is one of cases that I rather to go on offense than defense hence the suggestion.


#11

There is no longer a separate diagnosis for alcohol abuse and dependence. It is all lumped into one “alcohol use disorder” with varying levels of severity. With a previous dependence diagnosis, abstaining is always a good idea but can you tell me what post treatment recommendations you received after outpatient treatment and aftercare? If you were going against their advice that is normally an issue. I agree with the others that a great deal of time has passed since the DUI and it probably isn’t an issue but not disclosing it might be. Just be honest.


#12

Incorrect. Abuse and dependency are viewed differently. While I agree that both abuse and dependency are lumped into alcohol use disorder they are both still distinguishable


#13

I think the adjudicators still look at it that way, so to an extent, I agree with you. However, the 2017 Adjudicative Guidelines concerning alcohol consumption (Guideline G) calls out a diagnosis of an alcohol use disorder and drinking against treatment recommendations. But, given the timeframe of the DUI arrest, I don’t think it matters.


#14

So in my treatment recommendation it says abstain from alcohol for 12 months I did that. I also completed the 12 step program. And will abstain from here forward (I did not know that was such a big thing even if you now drank responsibly in a social setting, and only occasionally.

THank you guys I really appreciate all the advice and information…


#15

You’re good bro. Quit worrying - so much time has passed that it will likely not be an issue