Is Denial Likely with Domestic Violence Arrest?


#1

Apologies if this has been asked previously. Five years ago my husband had made some false and skewed claims and I was arrested on a domestic violence felony charge. All charges were dropped less than a month after the arrest. The State determined that the case was not suitable for prosecution and dropped all charges.

Recently, I completed an SF86 and listed every detail concerning the arrest. I have no other criminal offense. Is a denial for secret clearance likely because of the DV felony arrest?


#2

If, as you say, you listed the details as you’ve said them here - I see no reason for a denial. But to be clear - the investigators will ask around about it and if they find inconsistencies they will note it. It is always best to be completely honest. See the most recent blogs posted by marko. Honesty is the best course - in the vast majority of cases it wasn’t the arrest or the charges that caused the denial - it was the coverup. (Ask nixon how that worked out for him!)


#3

Tim is right. Reveal everything. Since it wasn’t prosecuted it would appear all the elements of the offense weren’t present to get a conviction. If charges are dropped, the arrest still occurred. You can speak to the arrest and how it came to pass. If the ex and you are now on speaking terms they may write a statement supporting you. Or maybe not. Each case is different. But if the ex speaks in a supportive manner and claims it wasn’t exactly rising to the level of the charge…it can help.


#4

Thank you both, your replies are very much appreciated. Yes, ex is willing to speak to investigators on what happened.


#5

Do not willingly involve your ex in your investigation. List the arrest, be detailed, and you will likely be fine.


#6

Be mindful that you have to report your ex, and their current contact information on your SF86. Several times I’ve been told by a Subject they don’t know where the ex spouse is located and I found them in less than 15 minutes without using the “super secret black hat government database” (commonly referred to as Google search). Yes, I report the lack of effort by the Subject in my ROI.


#7

BackG is correct. You MUST list the ex and do try to use the super secret Google, or people search, the phone book…If it seems you are hiding info it doesn’t work out well. Investigators are savvy enough to know when an ex has an axe to grind. There are reasons a person is “somebody you used to know.”