TS/SCI and Criminal Charge

I am a current federal employee with a TS/SCI clearance. I have recently applied to another agency and they are conducted my reinvestigation based on the previous clearance that is 5 years old.

I was arrested and charged with a Brandishing of firearm (misdemeanor in Virginia) and reckless driving (also a misdemeanor) during a road rage incident in March 2020. On the day of court and prior to being called, the prosecutor dropped/nolle pros the brandishing charge due to conflicting statements made by the victim on the incident date and on the trial date. I also had in car video that was showed to the prosecutor that provided details not consistent with what the victim said. The reckless driving charge was amended to an improper driving citation with a fine of $500. I have no other criminal arrests, tickets, or anything else on my record to cause concern like drugs, financial, foreign influence.

I also have mitigating classes that I took for anger management, driver safety course, and aggressive driving course at the advice of my attorney.

Would this arrest affect my pending clearance investigation or re-investigation?

Did you self report the incident to your FSO when it happened?

yes, it was reported to the my supervisor who reported it up the chain.

I’m sure you’ll have to explain the whole situation to the investigator.
Be sure to document any interaction you had with your supervisors when you self reported (email or other).
And whether or not this will impact your clearance is anyone’s guess. I’d say probably not. But then I thought they would have suspended your clearance when your self reported, pending the incident readjudication, so what do I know :wink:

Thanks for the insight. Would mitigating factors of positive character references, including supervisor, be a factor? I also have high ranks on evaluations and several meritorious honor awards working in the Middle-East during highly intense situations.

Your clearance hasn’t been revoked or suspended, nor do I think it will be at this point.
So none of the things you listed matter right now.

I suggested documenting your self-reporting because it seems like you were going to change employer.
So if you had anything to print before leaving, do so now while you still can.
And it doesn’t seem like you filled in a new SF86 or SF86C for your reinvestigation ?

Having any written proof that you did everything right (self-reporting…), would be in your best interest should the government/investigator come back and claim that they have no self-reported record of this arrest.

Not the end of the world either way, that’s just my 2 cents…

Thanks for the information. I did have to fill out another SF 86 because my investigation was over 5 years. I had a BI interview with an investigator and everything was disclosed.

I have documentation from my supervisor that it was reported because I was placed on administrative duty pending the resolution. Thanks

Then you have nothing to worry about. You did everything by the books.
You’ll just have to wait until your clearance is re-adjudicated…