Please Help, arrest for domestic violence!


#1

Hello all,
I have been waiting for my TS since June 2016. That’s over a year and a half now.
Yesterday, I got arrested for a domestic violence and bailed out the same day. My wife is not planning to press charges or anything, she understands my situation. It was just a moment of anger from both of us that escalated so quickly and led her to call the cops. I’m planning to go see an attorney tomorrow.
My question is: will this automatically disqualify me from the process?
Do I have to report this even before going to court and see what the outcome is?
What are the consequences of this?
Marko? Or anyone else’s help is greatly appreciated!

Thanks!


#2

What do you think is better, the agency that requested your clearance finds out on their own that you were arrested or you voluntarily coming forward and providing your side of the story first? The answer is simple.


#3

Thanks Mr. Marko.
I’ll let them know soon.
Do you think this will automatically stop my processing?
I’m just so worried that after all the wait, I see my great “potential” job goes down the drains!

Thanks!


#4

If it is a misdemeanor offense and no previous history of similar conduct then it may not affect final approval, but the agency may also wait until they see the final disposition.


#5

Thanks much, I appreciate your quick and thoughtful replies!
Hopefully, it won’t be a misdemeanor at all. I’ll see how goes.
Thanks again!


#6

My experience is as Marko suggested. Get the info to them soonest. Don’t downplay anything but speak to the actual charge. My client will allow the courts to take final disposition before acting, and of course all SF 86’s moving forward for 10 years must speak to this even if plead down or dismissed. . I would recommend marital and possibly anger management counseling (also reportable under anger or violence management, not marital). Making every effort to understand what happened and how to respond better in the future can speak volumes about character later on.


#7

Thank you so much for chiming in, Amber.
So you advise me to take anger management class even before the court just to show the invistigator that I took serious steps to fix the situation?

Thanks again


#8

Were you charged with a misdemeanor or felony?


#9

Dave has a good question. Felony charge if not convicted, or dismissed, meaning there isn’t enough evidence to maintain the charge would be a plus. Proactive is always better than reactive. If in debt, get out of debt, if using drugs, stop. Likewise if you see something some may feel is troubling, and if it is something you can overcome through counseling…I would do it. Recognizing it as a potential game stopper, but moving to mitigate in a positive manner would speak to your overall character. It isn’t an admission of guilt, rather an attempt to explore and see if there is something on your end to fix. Obviously the circumstances of the event and history come into play. If you had several reports of violence…it may be a bridge too far.


#10

Hello Dave,

No charge of any sort. It’s just recently happened. I won’t know until the end of February.

Thanks!


#11

Thanks Amber,

Nothing in the past at all. It’s just this one time and will be the last time. But thanks for the advice. The charge was the minimum in the State of CA. You know they have to arrest somebody if there is a call for domestic violence.

Thanks!


#12

Take Ambers advice, it’s solid - get enrolled in anger management and/or some type of marriage counseling. This shows an adjudicator that you are proactively working to resolve the situation and stabilize your marriage.

With respect to your arrest, know that a prosecutor can still file charges without your wife cooperating as a witness, Ive seen it happen. If I were you - retain a good criminal defense attorney ASAP.

Also, do what Marco said and report this arrest immediately to your employer. Failure to do so will really hurt your chances at getting cleared.

Best of luck.


#13

Thank you so much, Dave. I already hired an attorney to represent me in the case. I also on my way to take an online anger management class, I’m thinking to take a 20 hours course and send the certificate to my recruiter. I already notified the company and they seemed understandable. They know in the CA, law enforcement have to arrest somebody in these situations.
It’s just the wait that’s really painful for me, I’ve been waiting for over 1.5 years now!

Thank you all for chiming in the conversation. I appreciate the blog and all insights.

Take care…


#14

Good stuff. You’ll be fine, stay positive.

Remember, no one is perfect. Learn from your mistakes, change course (as it appears you’re doing), and allow your “issues” to have a positive impact on your life.