Two DUI’s and Suitability

SECURITY CLEARANCE Q&A
1

I will present the facts below.

In 2005, I had my first DUI, that was continued without a finding. I completed AA meetings and other necessary court ordered financial requirements.

I have been a Federal employee for about 5 years now. I am now in the process of renewing my PIV card for access to federal buildings. I have been asked so far by the badging office to complete an OF 8 form and a form 306. On the 306 form, I fully disclosed that I had been recently arrested in December 2018 and charged with a DUI. I was also upfront that I was fighting the charges with a hired lawyer. I disclosed fully that the second DUI issue has not been resolved for there is a pending DUI trial for this case postponed to June 2021, because of Covid. So, it has been a little over 2 years since the date of the incident for this recent DUI.

I started the PIV renewal process on/about 11/30/2020 since my PIV was to expire on 1/1/2021. A decision has still not been made as of today 1/16/2021. The suitability office has only contacted via email to request evidence that will show the precise date for my trial. I provided the suitability office a document that has the date, provided by my lawyer, for he attended the last hearing on my behalf and received the postponed the postponed date from the court.

I have no other issues on my record. No financial issues, no driving tickets, good employee, no other criminal conduct.

However, I am paranoid that I might be denied a PIV. I am very remorseful for the DUI and putting myself in the situation. By the way, I was coming back from a friends party. No accident. Was respectful to the officer and I am in my early forties.

Any advice with really help.

Thanks.

2

The DUI in and of itself is not a disqualifying event, even with the prior 13 years ago. However, if your agency required you to report it and you did not prior to it being found out during the PIV renewal process there may be an issue. They may issue a letter of warning, but the conduct is not enough to deny PIV eligibility.

3

Thank you for your answer Marko. Very helpful. To tell you the truth, I don’t even know if it is. This is a non-sensitive position whereby 5 years ago I filled out an SF 85. I was expecting to disclose any conviction if it turns out that way. If reportable, are you supposed to be informed upon hire? In other words, how can I find out?

4

I forgot to provide an update here that I now have my PIV. It was finally issued a couple of weeks. Thanks again for the advice.