PUBLIC TRUST w/ Pending Criminal Charge (Felony)

Hello all, nI had a fairly quick question involving a Public Trust. I have a conditional offer from a defense contractor, but requires I am eligible for a public trust. I had a SECRET clearance before but I left the service 4 years ago. I got myself into a jam a year ago and was arrested on Felony Child Endangerment. This is a wobbler law and can be presented as Felony or Misdemeanor in my state. Long story short, I left my sleeping kid at home while I drove 3-4 min down the street. (I know, I know, idiotic to say the least.) Fast forward to today where charges were just filed against me. I appeared in court today and there is a strong likelihood of either receiving a diversion or the case being dismissed altogether. I have no other criminal matters to speak of and my only other “run-ins” with the law are a couple speeding tickets. My question is, would this be means for denying the Public Trust, even if there is no conviction. I plan on being completely upfront about the whole thing Just want to know my chances. Thank you in advance for any insight or feedback.

I don’t know if this counts as ‘insight’ but there is a good chance no decision will be made until there is some kind of final resolution to the court case.

Do you know what level of public trust? Some require little more than an agency check while others require the same investigation as a security clearance. I think you can tell by the form, SF85 or SF85P (investigators please chime in here). Anyway be prepared to provide documentation of the results of your hearing. I don’t think this would result in a denial but it may very well result in a longer investigation/adjudication process.

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In my experience, you’ll likely be denied EOD until all matters with the court case are completed, including any court-mandated counseling or the like.

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I just spoke with my attorney. She says it was always a misdemeanor. I was incorrect, as the law is a “wobbler” that can be charged as one of the two. With that being said, you’re saying I wouldn’t be able to continue with the PT until after the diversion program?

Hi, what ended up happening with this? Did they grant you a clearance? I’m in a similar position.

If you have an open case, you cannot be cleared until it is resolved.

Is that a 100% all open cases or case by case basis?

There are very few 100% hard and fast rules.

But there are some 99.999% certain rules and I suspect this is one of them.

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