Recent Dismissed Criminal Charge / Suitability adjudication

SECURITY CLEARANCE Q&A
1

Hi. I’ve posted on here a few times, and I wanted to thank the moderators for their contributions to this forum.

I recently had a Misdemeanor theft charge dismissed last week. I was told by my lawyer that it will take some time (months) for the court to process the dismissal and for it to be updated in FBI when checking my background investigation.

The position that I’m inquiring about is either a low-risk non sensitive or a moderate risk non sensitive public trust w/ the DOD . My concern is that when they run my finger prints that I will still come back with a pending charge and they will automatically come back with an unfavorable suitability determination, even though I will list the charge as dismissed on SF-85p. Have any background investigators run into that issue here, where the charge was dismissed but still showed as pending? Will I be given the opportunity to prove that it was dismissed or will it be an automatic denial for me?

This is my first and only criminal blemish on my record, if that plays a factor. Any guidance or experience would be appreciated. TIA!

2

If the FBI RAP sheet shows a charge but not a final disposition then further inquires may be made to the court. It is quite common to see no final dispo on charges, so you would be helping allay any concerns by disclosing the charge and stating what the final outcome was. One misdemeanor charge would not result in a denial.

3

Thank you for your response. I am assuming since further inquiries would need to be made, that this would prevent me from receiving a favorable decision of issuance of an interim CAC, until the investigation is completed fully, correct? Would this be a lengthy process where I wait months? What is the time frame in your professional experience? Again, I appreciate you taking the time to respond.

4

Like I said, one misdemeanor theft charge will not be a disqualifier, although it may raise eyebrows, I would submit the court order showing dismissal as an attachment into e-QIP when you fill out the SF-85P.