Prior Felony Arrest No Charges - Renewal Question

I have started my renewal process for my Secret Clearance . Just under 3 years ago I was arrested for felony dv and felony attempted rape because of false accusations by my sons mother and girlfriend at the time. Luckily for me she told her family almost immediately that the accusations were made up and that she lied. Her family and her did the right thing and made sworn statements to my lawyer and private investigator and the statements were provided to the district attorney. The district attorney declined to press charges against me which I also received a letter stating they wouldn’t press charges . I tried to work things out with her and things didn’t get better . My sons mother and I had some additional run ins with police . All instances she was the aggressor. She was arrested and charged for dv one time. Another time she was investigated for arson and assault hit charges weren’t filed . Finally there was a child welfare case opened against her and she eventually lost custody of our son to me as a result of her history of violence towards me. I know the previous arrest is bad enough but is the continued history going to work against me? Even though I was always considered the victim ? I have since moved far away from her. Before her I had no previous run ins with police.

Did you report all of this to your FSO?

If so and it was reviewed I would say no. She’s your mothers child so it’s not as if you could completely remove her from your life. You seemed to find a way to remove yourself from the situation in terms of physical distance, but it would have to be adjudicated. I’ve seen ruling where DV as the non-aggressor have been successfully adjudicated

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No I didn’t tell my FSO. My lawyer and some coworkers had suggested it was only if I was charged and or convicted that it was required to self report. Also since the matter was handled quickly and the arrest was because of false accusations of actions that I didn’t commit I thought more in line that it didn’t require to be reported. The events following the arrest I definitely didn’t think to self report since I was the victim in each instance . Should I self report prior to continuing on with renewal process ? Or is it too late?

Arrest in a DV situation should have been reported. Perhaps even just the arrest. I don’t think that you will have much of a problem getting around this though.

If your lawyer wasn’t a clearance lawyer (and why would he be) he likely had no idea that you should have reported this. Your coworkers? They should have known better but I can understand the desire to think that an event like this isn’t reportable.


Sounds like you did the right thing. You remained their for your son. You getting custody speaks volumes, as does her continued run ins with the law, and her family writing statements to your support. I too would have advised reporting it as it was an “arrest.” In my eyes (likely only my eyes), I would tell you to go report now to report it now making you technically compliant with reporting. Yes it is well after the fact but better late than never. It is understood DV cases are difficult to discuss with others. I do understand how you saw it then.

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