Security Clearance Re-Investigation


#1

I left the military with a TS/SCI clearance and am now actively seeking employment as an analyst with that clearance. Last year I was charged with a Class A Misdemeanor, which was later dismissed after I paid some money to a food bank. Last week I learned my clearance is still active and I have a job lined up. (or in the process) They said they will re-investigate my clearance to renew it as well as provide a poly.

My question is, what are the chances the dismissed misdemeanor will cause a problem with having my clearance renewed? The misdemeanor is the only thing on my record and I have never had any other problems. My last ticket was in 2009.

Any opinions would be greatly appreciated and hopefully put me at ease!

Thanks


#2

It really all depends on the mitigating circumstances. You said the misdemeanor was dismissed when you paid some money to a food bank. What were the circumstances behind that. Because each “issue” has to be mitigated. And it’s fairly recent, so time doesn’t play in your favor. You currently have a clearance, did you tell your SO at the time about it? I also see that you said it was dismissed that means nothing to them. It can be dismissed for anything. The issue is what is the subject being charged with and did he actually do it. It’s important for you to be honest! Hiding it will make it worse. Your expunged cases…their are certain questions that you have to fill out that are “have you ever” questions. You believe that something is expunged, and then an investigator goes and sees it and then you not only have to explain what it is, but why you lied. So moral of the story be honest and upfront. Those are circumstances that could revoke/deny your clearance, but it just all depends on the background of the issues and what you did to correct. Hope that helps


#3

Concur with my fellow Steelers fan. Absolutely, do not under any circumstances not report this. Matter of fact seek now to mitigate it. Reach out to the sentencing judge and explain how you changed your life, turned things around and learned valuable lessons. Ask if the judge would consider being a positive reference for clearance purposes. Be prepared to submit with the SF86 a detailed, rational, well written letter explaining the circumstances and how you feel it is mitigated. This may be your ONLY chance to present info correcting the record. Was it a foolish prank? Childish act? Explain that. Even if dismissed it MUST be reported. I know of a 15 year employee, deputy program manager, denied an upgrade, and revoked for not speaking to a dismissed DUI 7 years earlier. I would also move to having it expunged as it shows you want to clear up your record, but still disclose it.


#4

Thank you for your reply. I’m not sure what you mean when you ask what are the circumstances behind donating to the food bank. I was told if I did that then my case would be dismissed, so that is what I did.
At the time of the charge I was not in the military and had been out of the military for 2 years. I actually did not even know it was still active until last week so I did not tell any security office or anything like that ( I am a small business owner so I did not need a clearance)

I did do what the charge is for (and it was an accident) and I would not lie about that so I am hoping my honesty could outweigh the charge?

Other than that I do not have any expunged cases or anything of that sort.

Do people usually lose clearances over one charge? Even if nothing else has ever been on their record or have no history of problems?


#5

I guess I’ll explain now so I can see what ya’lls opinions are.

It was a basketball game at a gym. Myself and another person got a little defensive playing basketball and we had a shoving match, in which, I accidentally scratched him and he decided to press charges on it. I honestly do not even 100% know that the scratch is what he was referring to when I was charged, maybe it was the pushing? However, the game did not stop. We had our little shoving match then we continued to play and finished out the game. We did not even switch people defense wise, we guarded each other the rest of the game, then after the game (in which he lost) he went and called the police.

I paid $100 to the food bank, 20 hours community service, and an anger management course online and the case was dismissed.

As I stated I am going through the process with a new employer ( I have not used my clearance for the past several years) and when the time comes I will definitely put the situation in any and all paperwork.

I am not sure who to report it to as I have been self employed for a number of years. However, I will seek an expungement in the mean time.


#6

I wouldn’t worry about it if that is an accurate description. I would mention the anger management counseling in the mental health part or specifically write info to speak to that. But do write the letter seeking expungement and show you have lived a life absent of this issue. If there truly have been no other anger management issues I would consider moot. You are correct in that there is nobody to report to once you leave the service. Technically you get “read out” or debriefed and the clearance though not active is more a case of you retained clearance eligibility based on the last BI date. Again, demonstrate humble pie and own it.