Suspended Imposition of Sentence with Secret Clearance


#1

Hi,
I have a DoD Secret clearance. I was recently involved in a domestic assault situation which led to my arrest. My boyfriend is not pressing charges against me, but the state (Virginia) i s proceeding. They offered me a plea deal where I would get a suspended imposition of sentence (SIS). A misdemeanor will go on my record for 2 years. I get 6 months of supervised probation, must get a mental health assessment, and attend domestic violence classes…no restraining orders or protective orders. I am concerned about how this will impact my clearance. Any advice would be appreciated. Should I take the deal?


#2

In domestic situations, the government often takes the role of the victim so your boyfriend has no control over whether or not charges are filed.

It will surely be reportable now and on future SF-86’s regardless of the charges given because you were arrested. You may get your clearance temporarily suspended pending an investigation into the matter. My advice would be to get the mental health assessment and take the domestic violence classes (even if not legally required) because those actions can serve as mitigating conditions down the road.


#3

Consult with a clearance attorney. Give him ALL of the information about the charges. I understand that you might be hesitant to publish the details here but it likely makes a difference if you shoved him in an argument and he hit his head versus you stabbing him in his sleep. I’m not trying to make light of the situation but I’m sure you can see the difference.

Yes, you need to report this. The attorney should be able to help you figure out how to present it to minimize the impact on your career. The other advice to start getting counseling now rather than later and solid as well.