I had a small traffic violation resulting in a reckless driving in Virginia because of how their law works there with speeding violations:
As you can read above, I submitted everything early to my FSO, submitted all the closing documents when the case closed (resulted in paying a fine and nothing else), and followed all that I was told. My FSO verbally told me a few months later that the clearance looked fine now and he would just hold my paperwork incase it ever came up again.
Now I am in the process of interviewing for a few jobs that would upgrade my TS to an TSP FSP or TS/SCI. I thought I was fully adjudicated in reference to this incident. I talked to a recruiter who told me his FSO looked me up in JPAS and that it showed an incident on my report. Does that mean an an open and unadjudicated incident is presently there, or does it mean it just shows that the incident happened but is closed/adjudicated (would they see any incident if that was the case)? I am going to try and get with my FSO to clarify my status.
A few questions … is it impossible for me to take on a TS/SCI or TS FSP job while my clearance has an unadjudicated incident, even if it was minor? Is it possible the FSO from the new company is just seeing an archived incident? How much risk am I taking on by looking at jobs right now in terms of my clearance?
Update: This is what the other companies FSO said (verbatim):
“Top secret clearance verified. Has an active incident report on file as of (month/year) by (current company)”
The other company doesn’t seem too concerned but I am…
Assuming that the incident gets deemed as mitigated, going from TS to TS/SCI shouldn’t be too difficult. As long as your TS remains active and in-scope, the SCI add on wouldn’t require a new investigation (as long as your prospective employer would be willing to pick up your existing TS).
I wouldn’t be too worried about it if it is an isolated incident and not part of a trend. Also the fact that you reported it and have actively shown you are taking steps to mitigate it will work in your favor.
That makes sense I guess I’m mostly just worried about an LOJ if I switch jobs and an FSO drops the ball. As in if my current FSO removes me from the system early and/or new FSO doesn’t pick me up quickly
Also what determines if the incident is marked “mitigated “ or not? I made a FOIA/privacy act request for the records so I wonder if i should be looking for something in there?
FSO seems to think that they leave it “red” as a probationary period to determine if you’ll mess up again. I don’t know about that. I don’t think he ever marked the case “final” in JPAS when I turned in my court docs showing it was resolved. He is telling me he can’t change the status again…
I don’t know how all the specifics of that work. I just assume that if you report something via SF-86C and they never take your clearance away, then it’s been “mitigated” in the sense that security knows about it and they deemed that it’s not bad enough to revoke your clearance.