I apologize if this specific question has been asked. I have the opportunity for 2 jobs that require a T3 Secret clearance. 13 years ago I was arrested for domestic violence and given a deferred sentence which I completed and the charge was vacated and sealed. I understand that I can confidently answer “no” to the arrest question in the past 7 years but am unsure about the have you “ever” been convicted question for domestic violence. In my state it is not considered a conviction and since then I’ve been able to purchase firearms with no problem, obtain a CCW permit in 2 states, and have been hired by a police department. Do I answer yes and explain or can I answer no since it wasn’t a conviction? Am I wasting my time even trying to get a clearance? Thank you
If the arrest itself was for a felony offense, it will need to be listed.
It was not a felony. It was a misdemeanor and the court order states that the deferred sentence was completed and the case was dismissed without conviction or guilty plea.
The problem here is semantics. Yes, the charge may have been dismissed as an end result, but deferred sentencing means at some point you were on probation before it was dismissed. I always recommend disclosure and explaining rather than risking the possibility of a lack of candor. This is a minor offense that happened so long ago it is not an issue at all.
Thank you very much for your time and response. I figured it would be better to be up front and not risk any doubts. In your opinion (and I know all situations are different) is there a possibility of getting an interim or will i have to wait it out for full adjudication? Thanks again for your time.
A DV arrest 13 years ago will not prevent getting an interim.