Be mindful, this is commonly called a withheld judgement. The dismissal does not mean found innocent, it means the court has given you the chance to show a change in behavior.
The probation for a WHJ is not normally a disqualifier as long as you are following the court requirements.
Hey thanks for the response. Thatās good to know as far as the WH judgment and probation is concerned. The prosecutor stated that she normally doesnāt ever reduce or give out short term probation but was will to make an exception for me considering the circumstances and my position. Yes, of course I will comply with whatever the courtās decisions are and absolutely report it as soon as I know what happens. I was under the impression and based off of what I read that probation was like a ākiss of deathā for a clearance and even states it as a security concern in the guidelines which had me really concerned. They want me to finish up this class, comply with a non restrictive PO and 6 months probation. My lawyer is trying to get something better but she may not be willing to change her offer in which case itās the lesser of two evils type scenario and I need to take the best possible option. They are willing to dismiss the charges once thatās completed. The only caveat is that they donāt want me to be able to expunge it. So are you saying that probation in itself isnāt a disqualifying factor as long as you are following it or not violating it?
Probation is not normally an immediate disqualifier.
How screwed am I if I take the 6 month probation plea deal there offering? Itās a deferred disposition a lot less than the normal 2 years so itās a much better offer. I would have to finish the class and that will allow me to avoid a conviction. The prosecutor isnāt willing bend any other way unfortunately.
Any update to your situation?
Unfortunately no news yet on my re-investigation as of yet. They submitted it to the government at the end of June. Currently on unsupervised probation until 6 months which end in Dec and was ordered to take a DV class which will be done in October. By December all charges will be dismissed and I can move on from this. My lawyer was unable to convince them in court unfortunately but this was the best option to avoid a harsh punishment with long term effects. I was totally honest and open during the BI so hopefully it will come out favorably. All I know is my clearance is still active and no changes have occurred which I guess is a positive thing. Ill update you all when I know more when something happens.
Keep your head up. Continue to live in the lines, and put distance between you and the event. If friendly enough and the ex will sign an affidavit stating it was far less than the the court made it out to beā¦I would get it notarized and bring to any meeting with adjudication if it happens.
Update-
I have successfully completed the diversion class a few weeks ago. I go back to court on Dec 14th to dismiss all charges and finish probation to put this craziness behind me. Iām still waiting on a decision after they submitted my case (reinvestigation) in July of this year. Last I heard it was assigned to a case manager and nothing else has changed. Iāve also submitted all documents to the client/my company as well for transparency. No other incidents or anything have happened for now almost 6 months. Keeping my fingers crossed all works out. Iāll update you all when something more happens. Clearance is still active for now and Iām currently using it for my cleared job.
Outstanding! Brief your security manager. Keep demonstrating you will stay on the right path, take the high road.
Did charge get dismissed? If so update company and clearance team.
Yes, as of December 14th my charges were dismissed, probation completed and the protective order was expired and according to the courts is not being extended so everything on the court side has been resolved. I have notified my security manager who has notified the government client of these updates. Last I had checked the reinvestigation is still in process and was assigned to a case manager. I am still actively using my clearance as well. Iāve been completely transparent and forthcoming with the customer and my company about everything and am hoping that that will count for something when it comes to making a final decision. Any other advice or suggestions would be appreciated.
This will probably sound like a dumb question but should I be concerned that my reinvestigation decision is taking this long? I know that originally it was going to be a long wait. It was submitted to the client last July 2022 but havenāt heard a word yet. Everything against me has been completely dismissed/dropped and all details, dispositions and documentation has been submitted to the client and my company. There is nothing more I can do or provide anyone as itās all been done on my end. Iām really hoping the client (gov) has some mercy on me and allows me to keep my clearance. Any hope or advice would be appreciated.
Did your reinvestigation turn out favorably for you despite the charge? I am still waiting on my outcome of mine and it was submitted in July last year. No charges, case dismissed so just simply waiting for a yes/no determination. Hope it turned out well for you.
Did your situation work out?
I think you may be required to re-sign the equip or form but it will shake loose Problem with these āold dogā sf86s is they move to the side, and inertia slows them down till someone starts asking about it. I worked with my government client security lead to quarterly request updates on thise well beyond standard processing times.
Well this was only triggered by a self reported and I was told by my investigator that the client only wants to go back 2 years which I thought was unusual. In any event Iām still actively using my clearance despite my reinvestigation ongoing for now 8 months. Iām not in a rush but was curious about time lines or if it got pushed to the bottom of a pile somewhere? Iāve done everything I can at this point. Iām in a bit of a panic though after I was told that some of these agencies can be gung Ho when it comes to revoking clearances even if a one off or no priors. Iām just praying that I be able get through this final step and keep using my clearance without jumping through more hoops.
Hi - I really wish I had read this earlier man. I would have advised you to do the 2 year and expungement. I had an identical scenario to you and did a 1 year deferment of decision while taking the class and got it expunged 6 months after the 1 year mark. The issue is now you have a DV on your record for background checks - not just SF86 which looks at big picture and is actually easier than private background checks. Many companies now do both a Federal AND a private check. The private check verified your employment and education history and looks in a national DB for criminal records. With most HR departments staffed mostly by young woman, having DV of any sort on your record will result in difficulty.
I would get a much better lawyer than you had before and fight the āno expungementā piece. Check the statute and see if that is even allowed on the statute. If the statute doesnāt EXPLITICLY state it is allowed to be waived on sentencing you can fight it and get it expunged ANYWAY EVEN IF YOU HAVE TO go to superior or the state Supreme Court.
Trust me - fight this! Feel free to IM me directly - happy to talk to you 1:1 and help you as I suspect you have other issues related to this like I did that arose from what your wife did. A lawyer here told me over seventy something percent of woman who want a divorce will make up DV stories to gain advantage.
Take care man, this world is tough - I love women but our society has given them a feeling of such entitlement now that they feel obliged to do whatever they want to hurt men in their lives.
Hey 
I really appreciate the response and yes I would love to speak privately about your experience but unfortunately Iām not actually sure how to do that on here. May I ask how it affected your clearence or if it triggered a reinvestigation for you as it did me? My case has been dismissed since Dec 2022 but Iām going on 8 months with my reinvestigation after self reporting everything and no word which has me incredibly worried. Iām still actively using my TS/SCI clearance and would like to continue too but have been advised of many possible scenarios and know that itās an impossible question to answer. If you wouldnāt mind sending a message and Iād be happy to share even a personal contact if youād feel comfortable? Hope to get your feedback if anything as I am in the dark currently.
Yeah it doesnāt look like you can direct IM folks on here. If you have an alias email I can send something to I guess post it here?
Jamesargue1@aol.com is my alias email which you can send too. From there we can exchange better contact info. Thank you again and look forward to speaking!!