Pending DUI and promotion

I have a pending DUI charge from 2018. Trial is set for February of this year (2022). My agency was informed. I have been with the federal government for about 5 years. I filled out an SF 85. I was recently issued a certificate of investigation in October 2021, indicating the background investigation was successfully completed with no additional issues.

In November 2021, I applied for a promotion (grade 13 to 14) with same agency and have now received a tentative offer and waiting for the final offer pending another background check. (Everything is being done like I am a new hire for the most part). Meanwhile, nothing has changed in my background. Good employee, no credit issues, no additional arrests etc. Only the pending DUI charge remains and I hired a lawyer since 2018 to fight the charges.

Question: What are my chances of receiving the final offer? Given the same background information cited above, can anything change in terms of the agency sending me the final offer because I am now being promoted to Grade 14? Note: Position will still be Low Non Sensitive. Any advise will help. Thank you.

What happened? Were you able to get promotion?

I was promoted to a Grade 13 and 14 with no issues, while in a pending DUI status. During this period, I kept updating the security office with dates that I went to court with my lawyer for one thing or another.

The DUI case finally went to trial and I was found Not Guilty. I am still with the agency. Hope this helps.

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