Felony Probable Cause without charge of arrest


#1

The company I work for is telling me I might need to get a TS/SCI clearance. A few years ago I was involved in an incident and recently I came to find out that the police officer I dealt with submitted a probable cause document for a felony charge of "rendering criminal assistance". I was never arrested or charged with any crime and only came to learn of this through a public disclosure request nearly three years later. Would this present an issue during the clearance process for the TS?


#2

In order to answer your question more details about the "incident" are needed, but I can tell you this. Adjudication considers the conduct of an individual when involved in criminal incidents, charged or not, regardless of whether it was proven beyond a reasonable doubt in a court of law and led to a conviction. The behavior is what is the issue. My advice to you is that if you submit an SF-86 for the position, that you disclose all the details of the incident with supporting documentation that will help mitigate any concerns up front. If this is the only issue then granting a clearance should be no problem if you are able to mitigate it.