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| Alcohol Consumption and Security Clearances |
William Henderson for ClearanceJobs.com - October 27, 2008
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AFFECTED PERSONS
The “Alcohol Consumption” criterion under the Adjudicative Guidelines For Determining Eligibility for Access To Classified Information affects many security clearance applicants, particularly those who have received alcohol counseling and those who have been involved in alcohol-related incidents, such as drunk driving, disorderly conduct, and public intoxication. Others who have been cautioned by a superior about alcohol use or experienced work, social, legal, financial, or health problems as a result of drinking can also be affected.
SECURITY CONCERN
The Adjudicative Guidelines states that “Excessive alcohol consumption often leads to the exercise of questionable judgment or the failure to control impulses, and can raise questions about an individual’s reliability and trustworthiness.” Simply stated, alcohol abusers are more likely than others to engage in careless or impulsive behavior that can create an increased risk of unauthorized disclosure of classified information.
EVALUATING ALCOHOL CONSUMPTION
When does drinking become a security concern? Alcohol is legal and its consumption, regardless of quantity, does not by itself trigger a security concern. Alcohol consumption becomes a concern when there has been:
•Alcohol-related incident or other evidence of impaired judgment or misconduct while under the influence of alcohol.
•Negative impact on work/school performance, finances, personal or professional relationships.
•Failure to comply with court-ordered alcohol education, evaluation, treatment, or abstinence.
•Diagnosis of alcohol abuse or alcohol dependence by a qualified medical professional.
•Relapse after completion of an alcohol treatment program.
Absent a diagnosis of alcohol abuse or alcohol dependence, investigators and adjudicators look for indicators of current abuse or dependence. These indicators include:
•Attempts or perceived need to cut down on drinking.
•Annoyance or anger when criticized about drinking.
•Feelings of guilty about drinking and how it affects other aspects of life.
•Drinking first thing in the morning to steady nerves or get rid of a hangover.
•Claims of high tolerance for alcohol.
•Drinking prior to social events.
•Drinking extensively alone.
•Drinking that causes or increases social, work, school, financial, legal or heath problem.
MITIGATING SECURITY CONCERNS
The following conditions may mitigate Alcohol Consumption concerns:
Problem is not serious A single recent alcohol-related incident (or even two incidents spaced a few years apart) may not suggest a serious alcohol problem, provided there has not been a diagnosis of alcohol abuse or dependence and there are no other indicators of current abuse or dependence.
Problem is not recent Absent any current indications of abuse, serious problems that occurred 2 to 5 years ago (depending on seriousness/number and change in drinking habits/lifestyle) may no longer be an issue.
Positive changes in behavior The applicant acknowledges their alcohol dependence or abuse and has demonstrated consistent abstinence (if alcohol dependent) or responsible use (if alcohol abuser). There have been positive lifestyle changes and other actions to overcome the problem. These could involve alcohol education, avoiding people, places, and activities associated with drinking, changing residences, leaving school and entering the workforce, changing jobs, getting married, having children, as well as involvement with healthy recreational activities or volunteer/social organizations. At least 6 months of positive changes in drinking habits and lifestyle may mitigate 1 or 2 recent serious alcohol incidents.
Rehabilitation Successful completion of a treatment program (including any required aftercare program), consistent pattern of reduced consumption or abstinence in accordance with treatment recommendations for at least 12 months after treatment, and a favorable prognosis by a qualified medical professional may mitigate security concerns. When there has been no formal treatment, persuasive evidence of abstinence or consistent responsible alcohol use for at least 12 months may also mitigate security concerns.
Alcohol problems involving people who already have a security clearance may be sufficiently mitigated, if they participate in a treatment program with satisfactory progress and have no previous history of treatment and relapse.
INTERIM CLEARANCES
Interim clearances can be declined when any potential security issue exists. Disclosure of alcohol-related counseling or any alcohol-related incident (criminal or non-criminal) on the clearance application form can create a presumption of an alcohol consumption issue. Often this issue can be mitigated by the information collected during a security clearance investigation. But interim clearances require issue mitigation before the investigation is completed. The clearance application form (Questionnaire for National Security Positions, Standard Form 86—SF86) asks about alcohol-related counseling, incidents, and “negative impact,” but it does not ask for information that might mitigate alcohol concerns. Applicants are allowed to include mitigating information in their SF86 (or its electronic equivalent known as eQIP) by using the “Continuation Space” at the end of the paper version or by using the “Comment Section” following each question on the eQIP version. Including mitigating information in this manner is often a determining factor in the granting of an interim clearance.
William H. Henderson is a retired security investigator, author of Security Clearance Manual, and regular contributor to ClearanceJobsBlog.com and ClearanceJobs.com.
Copyright © 2008 Last Post Publishing. All rights reserved.
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| Barry (MD) |
on 05 Mar 2010 at 1:04 am |
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Bill,
My situation is similar to "Mishap, CA". I'm currently filling out the online E-QIP form for a security background.
I have a DUI that occurred two years ago, but it was my first ever, and my first ever relating to alcohol. I have completed all court requirements except for my probation. My probation will end in 2011 (3yrs from date I plead guilty). I did however, get my license re-instated, fulfilled all DMV and insurance requirements and continuing to pay my fine (payment plan).
I previously held a TS that expired in 2005 only because I left the service. I know I have to enter the DUI on my background, but what supporting documentation should I submit that would help ease the process and show (good faith) that I have taken corrective steps to be back in good standing? |
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| Bill L. (Annapolis, MD) |
on 04 Mar 2010 at 12:08 pm |
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Mishap (CA),
A personnel specialist would probably be better to answer your questions as they pertain to employment processing vs security processing. In my opinion, I would not disclose details of these incidents in an acceptance letter unless specifically asked during an employment interview (for instance, if you are applying for a position involving the handling of money, it might be appropriate to be asked about your personal financial status) or if the employment application form asks (for example if you have been involved in any criminal conduct during the past x years). Good luck. |
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| Mishap (CA) |
on 02 Mar 2010 at 9:40 pm |
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Have a quick question. I have read most of these posts as they relate to me. So I will make it short.
I pleaded guilty to a DUI two years ago, completed all the court requirements and am now going through a clearance background. I also went through the financial trench this past year and lost a home to foreclosure. Both of which are isolated events. Never happened before and will never happen again.
I understand I will more than likely get the clearance, but not at the speed I had anticipated.
My question is however, should I disclose these events on an acceptance letter to the hiring manager? I mean they will find out any way once I complete the SF86 form, but would it be beneficial to be honest and take responsibility in a letter as I hand in my packet? |
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| Bill L. (Annapolis, MD) |
on 02 Mar 2010 at 11:19 am |
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Stu (FL),
Your situation opens a whole can of worms regarding the investigation and adjudication of the alcohol consumption issue. Generally, your family doctor can express an “assessment” of alcohol dependence, but he should have referred you to someone who can render a “diagnosis” such as a psychiatrist, psychologist or someone with specific training in alcohol/drug abuse.
Even with a diagnosis of alcohol dependence, a drug (wellbutrin) alone is not the answer. Behavior modification treatment is also needed. So it is debatable as to whether you actually were involved in an alcohol treatment program. A strict interpretation of the questions on the SF 86/eQIP would require you to answer “yes” to at least 2 of the questions and details of your “treatment”. In my opinion, your situation would not result in a denial of security clearance eligibility. Good luck. |
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| stu (fl) |
on 23 Feb 2010 at 1:41 pm |
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Hi Bill,
I'm thinking about making a career change and applying for federal jobs that require security clearance. My only alcohol related offense was a minor in possession when I was 17-- more than ten years ago. But last December I became concerned about the effect drinking and smoking were having on my health and went to the doctor. His "assessment" was that I was alcohol dependent (I'm not sure if assessment is the same as diagnosis).
He also prescribed Wellbutrin to help me quite tobacco and alcohol, but I stopped taking it because of the side effects. The doctor agreed with my decision. I have abstained from alcohol since last month and plan to do so in the future. How damaging would that be to my chances in applying for jobs requiring a security clearance? Would candid disclosure of the information, continued abstention, and that fact that I've had no legal or work-related troubles serve as mitigating factors?
Thanks for your advice |
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| Bill L. (Annapolis, MD) |
on 23 Feb 2010 at 11:34 am |
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Joe (NC),
First, there is no going back at this point. Once the information is out there, investigators/adjudicators are required to consider it. Since adjudication guidelines are the same for Secret and TS, if you are denied TS, you will have your Secret revoked. In my opinion, you are far from that. Your alcohol abuse does not seem to be a pattern or at such frequency as to result in denying the TS and/or revoking the Secret. Continue to comply with any court-ordered requirements, including attendance at substance abuse classes and I think in the long run, you will be OK. Good luck. |
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| Bill L. (Annapolis, MD) |
on 23 Feb 2010 at 11:28 am |
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Bob (CONUS),
You should report this incident to your Security Officer and provide him/her with documentation of the incident and court results. If this is your only incident, it should not affect any clearance you currently hold. Good luck. |
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| Bill L. (Annapolis, MD) |
on 23 Feb 2010 at 11:26 am |
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Justin (IL),
In my opinion, you have a fair chance to be granted a Secret clearance. The investigation/adjudication will be looking at this as an isolated incident and you are complying with all court-ordered requirements. You may have to undergo a medical evaluation to confirm that you are not a frequent alcohol abuser or dependant. You may be granted a conditional clearance meaning that you will comply with your court-ordered requirements and use alcohol in a reasonable, responsible manner. Good luck. |
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| C-Lo (Concerned, VA) (Virgina) |
on 22 Feb 2010 at 2:43 pm |
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Bill,
This past weekend I was charged with a DUI at a BAC of .12 first time offense. I have an arrangement this coming March 2010 and I'm worried as heck as I have not been convicted yet. No other prior convictions or financial issues. I've had an existing TS clearance for 2 years and up for renewal in 3 more. My clearance is good for 5 yrs. Should I report to my FSO or wait?
Will I lose my clearance, which could then mean lose my job. I want to be careful who I listen to because most of my friends are giving me so much advice saying, no u will be ok don't worry, etc. etc. I will never make such a mistake again and will do whatever the court asks of me to do. Its just to early as I'm currently trying to get a lawyer to get my charges reduced. |
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| Joe (North Carolina) |
on 21 Feb 2010 at 4:32 pm |
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Hi,
I had a DUI and an alcohol intoxication in college back on 2001. I recently got a second DUI in Jan 09 and received a guilty verdict in Feb 2010. I had to put in for a Top Secret as I already had a Secret. I have not drank in about 14 months and enrolled in a substance abuse program but haven't attended because it is backed up and I am waiting on my dates to go. I received my TS Interim but was told that I will probably get the TS back as ineligible. In my appeal, what are the chances of receiving an eligible? Is it possible to have the investigation dropped and go back to just a secret? |
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| bob (conus) |
on 18 Feb 2010 at 11:46 pm |
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I just got a ticket for public consumption of alcohol. Not drunk or driving. Just had an open beer. No vehicle involved. I am a current govt. employee. I will report on my next SF 86 just confidential clearence, should I report this ticket to my boss now. Ticket was $200.00. No court required. If I just pay the ticket will this disapear.
Thanks for any advise. |
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| Justin Soward (IL) |
on 18 Feb 2010 at 12:55 pm |
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I applied to a job that requires a secret security clearance. I was arrested last november 09 for a DUI (not convicted). I was sentenced to pre-trial supervision where I must attend 10hours of risk education(completed) and meet with a counselor 6 times over the coarse of 1 year. I never have been arrested before and will have a clean record once the year of supervison is over. I do not have a drinking problem and rarely drink.
Do I have any chance of getting the clearance required for the position or am I wasting the hiring managers time? |
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| Bill L. (Annapolis, MD) |
on 04 Feb 2010 at 9:01 am |
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David (MA),
I believe you also posted this situation in the Relevance of Criminal Conduct and Security Clearances section and it was answered by Mr. William Henderson. |
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| Bill L. (Annapolis, MD) |
on 04 Feb 2010 at 8:59 am |
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Leslie,
I am sorry to hear of your situation. Worst case scenario is that you may be returned to CONUS.
However, when I worked for a DoD adjudication facility several years ago, I recall that the Winchester Office managed the CoE personnel deployed and they did everything possible to avoid returning personnel to CONUS. I suggest you have all documents pertaining to your case, especially those showing the disposition of the charges, and provide them to the on-site security personnel and also get them to the CoE office that is managing deployed personnel.
I would hope that they are all working together to get needed expertise working to get the mission done. If your DUI is your only issue, I would not expect that to result in a final denial of a clearance eligibility. Good luck. |
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| david(ma) (ma) |
on 31 Jan 2010 at 5:59 pm |
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Hello Bill,
H have a secret clearance with a dod contractor I was charged with dui which was dropped to reckless non-conviction because I was under the limit. I did not report it at the time to my FSO because it was not a conviction i intend to do it now. I am up for renewal in 6 months. What action will the FSO take?
Thanks for your help |
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| Leslie (Afghanistan) |
on 30 Jan 2010 at 2:55 am |
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Hello -
I am a civil engineer working for the US Army Corps of Engineers in Afghanistan. I went through the long process of the governmental application process and have been in Afghanistan five days now on an interim security clearance. I had a DUI in December 2008, pled guilty in February and completed all of the court ordered requirements. Unfortunately, the probation department had not received all of the necessary paperwork and was threatening to place a warrant out for my arrest. I have been able to diffuse and solve the situation with the probation department but now, the government is considering sending me back to the United States because of the problems this creates with granting my security clearance.
Could you please provide information on what I can expect? What do you think the chances are that I will be able to get this take care of so I can get my security clearance and continue to stay in Afghanistan?
I have a clean record except for my DUI and am a professional engineer licensed in three states. Thanks! |
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| Bill L. (Annapolis, MD) |
on 26 Jan 2010 at 11:43 am |
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Jason (WA),
Your listed incident is almost 3 years old. If this is your only issue, I do not see it being a reason to deny you a security clearance eligibility whether Secret or TS. In today’s DoD environment, hiring officials are looking for skill sets more than a lily-white background. If you have skills that an agency needs, this incident should not be a problem. Good luck. |
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| Bill L. (Annapolis, MD) |
on 26 Jan 2010 at 11:39 am |
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Nick (VA),
Since you currently hold a clearance, you should report this incident to your Security Officer and keep him/her apprised of the status of your case until it is completed. Having the case dismissed or even expunged is irrelevant. On future submissions of your SF 86/eQIP (and many other forms), the question is have you EVER been charged with any offense related to alcohol. You should answer “yes” regardless of whether the case was dismissed, probation before judgment or expunged. If this is your only issue, I do not see a problem with you retaining your Secret clearance eligibility or getting hired by the Government. Good luck. |
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| Jason (WA) |
on 25 Jan 2010 at 1:53 am |
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Hi Bill,
I was fresh out of college and ended up getting arrested as a result of being intoxicated on St Patrick's day -- I was charged with trespassing (this was in 2007). The charges were dropped after completion of 8 hour alcohol class and 8 hours of community service (pretrial diversion). This has been my only offense of any kind.
I've avoided applying to any security clearance related job openings as my lawyer at the time speculated that I would pretty much be disqualified based on the multitude of other applicants w/o an arrest record. However, after reading some of the comments below I'm rethinking my position. I would appreciate to hear your take on it.
Would I even be considered for a federal job with a TS clearance under these circumstances?
Thanks very much,
--Jason |
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| Nick (VA) |
on 24 Jan 2010 at 8:03 pm |
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| I currently hold a Secret Clearance, but I got arrested for Drunk In Public on Friday. I am wondering if this will impact my clearance. I am currently a contractor, but have recently applied for a Government Position will it cause me to be ineligible. Finally, I am planning on petitioning the court to dismiss the charge upon completion of community service. Is this a good idea? |
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| Bill L. (Annapolis, MD) |
on 19 Jan 2010 at 12:42 pm |
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Bryan (NJ),
If you have no other problems since 1998, I don't see a problem with you being granted a Secret clearance. |
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| Bryan (NJ) |
on 09 Jan 2010 at 11:36 am |
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Hi Bill,
I have 2 DUI convictions, 1st in 94', 2nd in 98'. After the 2nd one, NJ sent me to mandatory group counselling with others who got DUI's for 16 weeks. Completed that and all the other suspension, community service promptly. Perfect driving record since. Always maintained a good, Software related job during those times and have perfect credit , live a healthy Christian life.
How likely is it that if I'm totally honest with my application and interview that I will gain secret clearance? Thanks in advance.
Bryan |
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| Bill L. (Annapolis, MD) |
on 05 Jan 2010 at 9:48 am |
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Eric (VA),
ASAP in Virginia stands for Alcohol Safety Action Program. I understand your concern that this incident could affect a clearance determination. The question on the SF 86/eQIP is “Have you EVER been charged with any offense(s) related to alcohol …?” I recommend that you answer this question “yes” and list the incident as you stated – a ticket for underage drinking. I do not consider the ASAP as a “rehabilitation program”, so I would list it in the “Action Taken” portion when you list the ticket. If this is your only issue, I do not see you being denied a clearance eligibility. |
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| Eric (VA) |
on 31 Dec 2009 at 1:08 am |
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I need a secret clearance for a job I was just hired to do for a contractor. I'll be doing work for the Department of the Army. I'm currently 22 and was ticketed for underage possession of alcohol when I was 19. We had a suspended driver's license for 6 months, had to do 50 hours of community service, and complete six weeks of alcohol education classes (it wasn't AA classes, it was called ASAP, and im unsure of the meaning of the acronym). I suppose my questions are as follows:
1. Will this hinder my ability to get the secret clearance?
2. Would the "ASAP" alcohol education classes be considered "rehabilitation" on my SF86 where it asks about rehabilitation?
3. I don't have any legal savvy at all, so I'm assuming that since I was ticketed (not arrested), that's still considered being "charged with a criminal offense?"
The whole situation was stupid. A college party was busted, and all people drinking had designated drivers (pledges for a fraternity), but cops still ticketed everyone because of a "zero tolerance policy." I don't like the way the questions are asked on the SF86 because it makes you sound like a criminal and an alcoholic for such a minor incident. And honestly, I RARELY drink, it was a real life "in the wrong place at the wrong time" moment. I've never been in trouble my entire life, not even a speeding ticket or a detention in high school. So I'm certainly hoping this wouldn't hack into my moral credibility so bad as to prohibit a secret clearance. I look foward to hearing your responses. |
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| Bill L. (Annapolis, MD) |
on 29 Dec 2009 at 10:14 am |
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Brian (MO),
Your alcohol use should not affect your wife's clearance determination. |
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| Bill L. (Annapolis, MD) |
on 29 Dec 2009 at 10:13 am |
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Berta (Arkansas),
Upon arriving at his n ew duty station, your son should in-process through his new command. When he in-processes the security office/S2/G2, he should tell them about the DWI and provide all info they request, including pending court appearance. It is possible, but unlikely, that he will lose his TS if this is his only alcohol-related problem. Good luck. |
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| Bill L. (Annapolis, MD) |
on 29 Dec 2009 at 10:09 am |
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Mikeb (MN),
Basically, there are separate guidelines for public trust and clearance eligibility determinations. The ones for clearance determinations that stand out are “relapse after diagnosis of alcohol...dependence and completion of an alcohol rehabilitation program” and “failure to follow any court order regarding alcohol education, evaluation, treatment or abstinence”. You state that you were diagnosed as alcohol dependent in 2004 and continue drinking. CCF should request a current medical evaluation to see the extent of your use and an opinion of whether your use causes a defect in your judgment, reliability, etc. If you have had no incidents since being cleared by DOJ, DOJ should not pull your public trust status regardless of CCF’s action. |
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| Brian (MO) |
on 28 Dec 2009 at 4:44 pm |
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| My wife is going through a top secret security clearance for a job as a specialist in the FS. Neither she nor I have ever had any alcohol-related incidents. I, however, am strongly considering entering Outpatient Rehab to deal with what I consider excessive drinking. This is not court-ordered; I would enter it of my own accord. How will this negatively impact her ability to get clearance? |
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| berta (Arkansas) |
on 28 Dec 2009 at 12:15 pm |
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| My son was on leave, 3hrs before getting on the plane to go to his next duty station he got a DWI. He have a TS clearance, what should he do? Should he report this? And to whom? Will he lose his TS clearance? |
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| mikeb (MN) |
on 23 Dec 2009 at 9:58 am |
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Bill L,
Thank you for responding to my questions, you sound like a very knowledgeable person in the subject matter. Here's the details. I have been in the national guard for 14 years in the infantry. I have been deployed to both Iraq (22 months) and Kosovo (12 months) since 2004. I am deploying to Afghanistan this year.
I have never been subjected to a security clearance in my career. I returned home in 2007 and applied for a DOJ position in the twin cities. I nervously went to the interview knowing I'd have to disclose my 3 DWI's to the HR Personnel. I thought that there was no way in hell they would hire me-they did. I talked to an FBI investigator for 5 hours and then questions about my drinking habits came up. I have been to treatment in 2004 voluntarily and was diagnosed as alcohol dependent. He asked me if I still drank and I said yes. I thought I was done right there- but did not lie, I sweated out this public trust (high level) for 9 months before I got a favorable Adjudication. 2 others were hired with me- they got theirs back in 3 months. I admitted I still drank and my last criminal offense was in 2000. DWI's 97',98' and 2000 respectively.
What I want to know is how did they mitigate this concern and if I got a favorable decision from DOJ and get turned down for a secret with DoD, will I lose my public trust position also? Any knowledge on that would be greatly appreciate. |
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| Bill L. (Annapolis, MD) |
on 22 Dec 2009 at 8:35 am |
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Chris (D.C.),
I agree – great article by Mr. Henderson. I am not him, but I will comment on your situation. First, your Naval Reserve unit was at fault for letting your clearance eligibility lapse. You are probably required to maintain at least a Secret clearance as a commissioned officer. I do not think 1 isolated alcohol incident will adversely affect the final clearance determination. It may expand the time for the investigators to complete the investigation, but should not result in your clearance being revoked. Good luck. |
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| Bill L. (Annapolis, MD) |
on 22 Dec 2009 at 8:29 am |
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Concerned,
I do not believe that your incidents 7+ years ago will affect your clearance eligibility at this point in time. If you are questioned as to why you did not self-report these incidents, it seems clear that your initial and annual security briefings lacked clear instructions on this requirement. You were correct to list these events on the SF 86/eQIP as the question asks have you EVER been charged with any offense related to alcohol. |
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| Bill L. (Annapolis, MD) |
on 22 Dec 2009 at 8:23 am |
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mikeb (MN),
Tough questions to answer due to unknown info. Last question first. IF you are granted or denied a clearance eligibility by DoD, it is documented in JPAS. I do not believe that DOJ has access to JPAS to be notified or have readability. You cited alcohol issues (plural). The adjudicative process requires analysis of all available info – how many incidents, type of incident (DWI vs. public intox), when they occurred, completion of court requirements and current alcohol consumption. It is also possible the adjudicator will request a current medical evaluation to help in the determination. The mitigation for the issue of alcohol consumption includes passage of time since the behavior, the individual has taken action to overcome the problem, the individual has completed treatment and received a favorable prognosis from a duly qualified medical professional (normally one that is recognized by the Government). |
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| mikeb (MN) |
on 19 Dec 2009 at 3:12 pm |
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| I currently have a public trust position with DOJ (my civilain job), I am an SSG in the army NG and was told I needed a secret clearance for an upcoming deployment, I have had some alcohol issues in the past and am worried I will not get a clearance. If i am denied a secret clearance from DOD will I lose my civilian job also? worried as hell. |
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| Concerned |
on 19 Dec 2009 at 12:33 am |
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Hi Bill,
I have held a SECRET clearance for 9 years now and work for a contractor. I had two previous alcohol related arrest when I was in college (iIlegal possession of alcoholic beverage and DUI), but both where dismissed. The first was a Youthful Offender and the DUI was dismissed after a 6 month probation period. Both of these occurred over 7 years ago; however, I did have my clearance at the time of the arrests and I never reported them to my FSO. Up until a week ago, I thought that self reporting was only for convictions and none of my annual refreshers have ever mentioned anything about this before. I have had no other incidents in the last 7 years and I have a near perfect credit score (780+). I will definitely include this information on my periodic review this coming year. Could this cause my clearance to be revoked? If so, is there anything I can do to mitigate concerns? Thank you |
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| Chris (D.C.) |
on 17 Dec 2009 at 3:07 pm |
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Bill,
Great article. Question... I'm a Naval Officer currently in the drilling reserve. I volunteered to mobilize to Iraq for a job that requires a Secret clearance, but my clearance lapsed out of validity in 2008. I've been granted a waiver for now, but I am in the process of reapplying for my Secret. Problem is, when I was stationed in Japan, I had a DUI which resulted in paying a fine to the Japanese govt and attending mandatory counseling for 3 days. Successfully completed counseling and as diagnosed as good to go. Now, I'm concerned that the incident could cause issues with my clearance. I disclosed both the DUI and counseling on my SF86 and in the comments indicated that it was an isolated incident. Any further recommendations from you on how I should deal with it? Any thoughts on how it might impact the adjudication? Other than that, my record is squeaky clean. |
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| William Henderson (Pacific Grove, CA) |
on 17 Dec 2009 at 2:59 pm |
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Terry:
I believe that GSA contractor clearances are handled by the Defense Industrial Security Clearance Office (DISCO). DISCO considers all clearance applicants for an interim Secret clearance. The decision for an interim Secret clearance is ususally made within about 3 days. If an interim clearance is declined, the final Secret clearance will probably take more than 2 months.
Whether or not you actually need an interim Secret clearance depends on the needs of your future employer. If they wanted you to have an interim Secret clearance before your start date, there is a process for that, that involves a written conditional offer of employment. Since they chose not to use it, it seems that an interim clearance is not critical for your job. Talk to your future employer’s Facility Security Officer—ask questions and express your concerns. |
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| Terry |
on 17 Dec 2009 at 12:23 pm |
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Hi Bill L and William H, PLEASE HELP AND ANSWER! I was just offered a contracting position to work with GSA. I recently graduated college with honors have 4 past internships/job all with high recommendations etc etc. In 2006 i received a DUI (even though I wasn't driving) and a misdemeanor that has been expunged. Everything else is clean, no criminal, 780 credit score etc.
The consulting company said I need security clearance so I have been reading about what that actually means. The person that I am supposed to contact to register for clearance said there is nothing I can do until my start date but he will send me some forms I can fax out to jump start the process. I am confused about this whole process. I haven't said anything to them about the DUI, will I be able to start working immediately? Do I need an interim clearance?
They are giving me the impression that "its just part of the process, fill it out when you get here" but I don't want this to fall through. What do I do?? Do I tell someone? If so, who? |
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| Bill L. (Annapolis, MD) |
on 15 Dec 2009 at 9:37 am |
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Rick (AZ),
There seems to a multitude of errors in your scenario. First of all, your supervisor was correct in telling you to complete all court-ordered requirements and to list the incident on your SF 86/eQIP; however, he should have told you to report the info to your Security Officer (SO) immediately. There are requirements for your SO to conduct an initial briefing when he/she gives you access to classified info and part of that briefing is listing your personal responsibilities which include self-reporting of suitability info that could affect your clearance eligibility/access. Your SO should also do an annual security briefing and reinforce your responsibilities. You should report the incident to your SO as soon as possible and inform him/her that your prior supervisor told you not to self-report. Good luck. |
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| Rick (AZ) |
on 12 Dec 2009 at 1:43 am |
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| I am a current government employee with a secret security clearance. Two years ago, I received a DUI. I have completed all the courts obligations except for the summary probation which expires in 2012. I immediately informed my former supervisor(retired) and a few close co-workers at the time of the incident. My supervisor at the time, told me to handle all the obligations of the court and to make sure that I submit all the information of the DUI on my SF-86, when it comes around.(which will be in 2012). My supervisor did not tell me to inform my security officer, should have I done so? And if I should have, is it too late now? Will they yank my clearance because I did not divulge the information to my security officer at the time of the incident? It is very rare form them to inform us of the protocol of what to do in this situation or who you have to inform when situations like this happen. What do you think I should do?- Thanks Rick. |
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| Bill L. (Annapolis, MD) |
on 08 Dec 2009 at 9:59 am |
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Chris (MD),
The straight answer is yes – tell the investigator about the incident. You do not want to add falsification or failure to provide pertinent information to the mix. This will show your credibility and responsibility by doing the right thing. |
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| Chris (MD) |
on 01 Dec 2009 at 11:16 pm |
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I have held a SECRET clearance for about 1.5 years, and work in a DOD Lab. I have been applying for a TS clearance for months now, and just got a call to schedule the interview next week. My record is mostly clean, with only an underage drinking citation from 2005, and I have already listed marijuana use (~5 times) which happened in the 2005 time frame as well. Both of these were listed on my SECRET SF-86, as well as the SF-86 i submitted for the TS. All financial, citizenship, etc should be great.
My problem is this:
I went out last week with friends and had too much to drink. At the end of the night there was a lot of confusion outside of the bar and thinking(incorrectly) that someone had stolen a friends purse, I struck him (breaking his nose). It turned out that he was a friend of a friend, and it looks like there will be no charges brought against me. I am paying the medical bills for the stitches, etc. It was a completely isolated incident, and I have never done anything like that before. (I thought I was the good guy stopping a robbery).
I have my TS interview in a week! Should i report this to the investigator? I believe that there was a police report filed, but if there are no charges brought against me am i liable to list this at all? My gut feeling is yes. Thoughts? |
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| Bill L. (Annapolis, MD) |
on 27 Nov 2009 at 2:46 pm |
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John (VA),
If you were granted an interim Secret clearance when your investigation was initiated, you should immediately report your DUI arrest/citation to your security office and provide documentation. If you were not granted an interim, you may be "safe" to report the incident after you have been to court. But my recommendation is that you should contact your security office and report it ASAP, as well as providing updated info as your court case progresses. Your credibility and reliability will be reinforced to your command by doing so. It is very likely that you will be interviewed during the conduct of your investigation and the investigators will be verifying info you provide regarding your arrest(s). When your investigation/DUI info get to the adjudicators, they will be looking at the extent of your alcohol abuse, compliance with court orders/recommendations and your admitted drinking habits. Your attorney should have already recommended that you enroll into some type of counseling. |
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| Bill L. (Annapolis, MD) |
on 27 Nov 2009 at 2:37 pm |
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Tony (NC),
I am confused as well. Your prior investigation/TS eligibility is transferrable to DoD with any adjudication facility, as long as you have not had a 2-year break in service or there is no suitability info developed since your TS was granted. The TS granted by DISCO is also transferrable to any other DoD adjudication facility. If ACCF is requiring the SF 86, they are wrong, repeat wrong. The only thing I can think of is that as a new Army civilian, your command security people want you to do a SF 86 for conduct of an Access National Agency Check with Inquiries (ANACI) - the basic investigation for new civilian employees. Possibly there is a position of trust or IT aspect to the job. OPM requires a paper SF 86 for the ANACI. I suspect your command security people are asking for the form and blaming ACCF for the requirement. This is an excellent example of the lack of reciprocity between federal agencies in spite of numerous written requirements that agencies accept each others' investigations and adjudication determinations. I am sorry for your problem. Good luck. |
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| Jermaine (VA) |
on 27 Nov 2009 at 12:20 pm |
|
I was arrested for a second DUI in April 2008. My first DUI was in 2004 in which I received one year probation and completed all court ordered requirements. After my second DUI arrest, I knew I had a problem and voluntarily entered an 8 month alcohol treatment program where I was diagnosed as an alcohol abuser. I successfully completed rehab (Jan. '09) and the aftercare requirements which included regular testing and attendance to AA for 1 year. When I went to court in March 2009, they put me on pre-trial supervison and moved my court date to Dec. '09. While on pre-trial supervision I had to wear an electronic monitor for 90 days, install an interlock in my car for 6 months, have a sobrietor machine installed in my home for 90 days with weekly reporting with to my probation officer. I have complied with all court ordered requirements with no violations. My next court date is in December where I will formally plead guilty and pay a fine.
I currently hold a TS/SCI, I reported the incident to my FSO when it first happened and kept them abreast with everything that is going on. Also during that time I abstained completely from alcohol, finished my masters and my fiancee will be expecting our first child in May. What happens after I formally plead guilty and report it to my FSO and what are my chance of my retaining my clearance? I appreciate any feedback. |
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| Tony (NC) |
on 22 Nov 2009 at 6:14 am |
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Bill,
As a recently retired adjudicator, perhaps you could help me understand something. Recently (02/2009)I transferred from a federal agency to DoA. During my 16 years with the previous federal agency I held a TS SCI. My last PR was conducted Nov 2006 with no break in service. I have been married to a foreign national (naturalized US Citizen) for 6 years and she held a secret SC 3 years prior to my transfer. My last agency had placed a restriction on my security clearance file - that I could not serve in the country of my wife's birth. DoA told me that they could not honor my previous agencies Security clearance investigation and wanted to do a new one. At the same time a private defense contractor wanted me to work as a consultant part time and my TS was adjudicated through DISCO in 2 weeks. I was told by ACCF that they would not honor the DISCO TS adjudication as I am a DAC. Rather than, using e-quip I was told to use the paper SF-86 and go back 10 years. What rationale could their be for not allowing the use of e-quip? When I asked about this through our security office they told me that no data was in my e-quip, although through my previous agency and OPM - I was told that all of my information from my last PR was there. Can you offer some insight?
Thanks - Confused Tony |
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| John (VA) |
on 19 Nov 2009 at 3:13 pm |
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| I got pulled over for DUI last night. Do I need to report it now or until it processes through court? I have a pending secret investigation, and a single public intoxication from back in 2006. I intend to do counseling and whatever possible to mitigate the situation. Should I be seriously worried about my clearance? |
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| Bill L. (Annapolis, MD) |
on 19 Nov 2009 at 11:49 am |
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Shane (Arizona),
In my opinion, if this is a one-time alcohol-related incident, it should not have much affect on your clearance eligibility. However, in spite of the results of your court case (dismissed, not guilty, etc), this should be a wake-up for you that holding a security clearance eligibility requires you to think about your actions - both on and off duty – and there can be repercussions (other than judicial) for your actions. Losing your clearance could result in MOS reclassification. I would never begrudge a celebration for someone’s return from deployment (I served in the military for 34 years), but you must use common sense in those celebrations. Good luck. |
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| shane (arizona) |
on 18 Nov 2009 at 1:35 pm |
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| I was recently stopped at a local sporting event on my 20 birthday with a couple of friends. One of those friends is on leave from iraq and everyone except me received a minor in consumption. The officer misread my id for it being my 21's birthday and had me possess the alcohol to pour it out. I was not given a breathalyzer and did not have any alcohol on my breath as I had not been drinking yet. I was given a minor in consumption- furnishing to minors. Although I was holding beer I was not seen furnishing anyone and there was no guilt admitted on my part or the part of anyone in my group. I current hold a secret clearance for the army as a paralegal. Do you see any possible ramifications for my position with the army or my security clearance? I am planning on fighting this in court based on the fact there is no evidence I did anything except possess which an officer later had me possess to pour out. |
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| Bill L. (Annapolis, MD) |
on 17 Nov 2009 at 7:55 am |
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Mark (TX),
In my opinion, if you comply with all requirements of the court and continue your efforts at alcohol consumption control/reduction, you may be okay. However, I am not well-experienced in Public Trust/IT determinations. If your agency sees your skills as good assets to the organization and there are no other issues, you may be good to go. |
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| Mark (TX) |
on 12 Nov 2009 at 10:44 pm |
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| Bill L., thank you for all your advice...greatly appreciated. One thing I forgot to mention is that in this latest DWI and Failure To Stop and Give Information, I also refused a breath test. I need to know your honest opinion, this recent incident (June 2009 - DWI/Failure to stop and give info) along with the DWI in Jan 2000 and the DWI in 1994 (reduced to DWAI) is there really any chance of me keeping my current Public Trust, Information Technology position when my reinvestigation comes around? My job performance evaluations have always been above average and my current supervisor would hate to lose me. I have a wife and two young boys who depend on me and I need to know if I should start pursuing private sector employment. Thanks again Bill, I hope you enjoy your weekend. |
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| C.C. (Midwest) |
on 09 Nov 2009 at 9:25 am |
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Mr. Henderson: Do you think I have chance of of being granted a TS clearance with DHS with the following past.
About 6 years ago I was charged with Open Container Violatoin (infraction). Result: dismissed and expunged
8 years ago I was charged with Assist a Minor to Purchase alcohol (infraction). Result: dismissed and expunged
11 years ago I was charged with contributing alcohol to a minor (misdemeanor). Result: dismissed and expunged
13 years ago when I was 19 years old I was charged with Minor Consumption of Alcohol (infraction). Result: dismissed and expunged.
Considering no other problems with background concerning finances, drugs, previous jobs, etc. Do you think my chances are good with getting this clearance. Thanks for your help. |
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| Bill L. (Annapolis, MD) |
on 07 Nov 2009 at 7:49 pm |
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Mark (TX),
I do not see a problem with your OF 306 in 2002. |
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| Mark (TX) |
on 05 Nov 2009 at 6:04 pm |
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| Bill L., thank you very much for your input. It helps me to understand what I'm dealing with here. Do you see any issue with me not disclosing on my original OF306 back in 2002 when I entered Fed service the 1994 DWI (actually charged as DWAI - reduced) since the fine was less than $300. That is my main concern is that they may see that as a falsification even though the actual question is open to interpretation and I never had a personal interview for clarification. Thanks again. |
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| Bill L. (Annapolis, MD) |
on 05 Nov 2009 at 11:44 am |
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Mark (TX),
This situation is a good example of how government forms are not consistent in their wording/interpretation. The OF 306 indicates that you can exclude traffic offenses for which you were fined $300 or less. The SF 86 indicates that you can exclude traffic offenses for which you ere fined $300 or less unless they involved alcohol or drugs. However, the SF 86 also states to list any offense for which you are awaiting trial or awaiting sentencing. Seems like you can justify leaving the 2009 incidents off the OF 306, but in no way can you exclude them from the SF 86. The SF 85P states you can exclude traffic offenses for which you were fined $150 or less and makes no mention of alcohol/drug involvement. Your involvement in AA, change in drinking habits and completion of any/all court requirements will be looked on favorably by anyone looking at your case for a position of trust, IT position or for a clearance eligibility. However, your current issue may be honesty. I highly recommend that you be honest in completing all government forms. Any investigation will most likely uncover your arrests, including your 2009 incident, whether it is recorded as a criminal arrest of traffic citation, and regardless of the court outcome. Completing the forms honestly now will help you avoid questions of falsification when completing future forms and not remembering what you put down last time. Although an evaluation by a licensed clinical social worker would help, I also suggest you continue with your AA participation as that may be a court-ordered requirement when you get to final sentencing. |
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| Mark (TX) |
on 04 Nov 2009 at 10:35 am |
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Bill L. & William Henderson, I NEED YOUR HELP! Below is a previous post that I have an update on. I still have not been to court for the 3rd DWI incident that occurred back in June, 2009. I recently found out that I am also being charged with Failure To Stop and Give Information along with the DWI due to not stopping immediately when my truck's driver's side mirror hit another truck's driver's side mirror (tow-mirror) while passing eachother on a very narrow, rural road. The damage was minimal, but I did attempt to find the othe truck within a few minutes of the accident and located it at a convenience store. When I pulled in to provide insurance information a deputy pulled in behind me and charged me with the Failure To Stop and Give Information even though the other driver did get my insurance information and their vehicle was repaired under my insurance.
So, I don't know if either of these charges will be dismissed or reduced, but they are both misdemeanors (2 in one incident). Is this going to prevent me from getting a favorable adjudication considering the information from my original post below? Does the Federal government typically give a person a chance for other treatment, etc., if they deem there is a need or do they just terminate the employee? Thank you very much for your time.
I have 3 DWIs since 1994. The first DWI in April, 1994 was reduced to DWAI. I got my second in Jan, 2000 and my third in June 2009. I completed all orders by the court for the first two incidents and each case is closed. I have not been to court for the June 2009 incident, yet. I currently hold a position that was converted to a Public Trust position. I believe I will be required to fill out another OF-306 and my first SF-85p for this position to undergo a MBI investigation in about 5 -7 years. I disclosed my 2nd DWI on my original OF-306, but did not list my DWAI because to my understanding this was a traffic offense (rather than criminal), I don't remember having any probation and my fine was minimal - less than $100. I did not have to submit a SF-85p for this position originally so there was no follow up personal interview with an investigator to get clarification as to whether or not the DWAI should be listed. I will be disclosing the first DWAI in my OF-306, along with the 2nd DWI and the disposition of this 3rd DWI when my MBI investigation comes due in the next 5-7 years.
Here is my question/concern - I have been attending AA for about a month now and have abstained from alcohol completely. I got a sponsor in AA last week. I do not feel I am an alcoholic, but did make some stupid choices under the influence of alcohol. I believe AA will help me strengthen and maintain my resolve to abstain. I feel I owe it to my family. I have stopped contact with people/places that I previously associated with drinking and have started a workout program to help deal with daily stresses. I'm concerned about the affects these alcohol-related incidents may have on my job when I undergo the MBI investigation in the future. I have no other issues in my background so if I do not have any other law infractions in the future, comply with all court orders for this most recent incident and abstain from alcohol use would it still be beneficial/necessary to undergo counseling with a Licensed Clinical Social Worker in order to mitigate concerns and keep my job? Or, would active involvement with AA, remaining abstinent and passage of time without incident be sufficient? Thank you very much for this informative forum. |
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| William Henderson (Pacific Grove, CA) |
on 05 Oct 2009 at 1:12 am |
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Perplexed:
No, you can not appeal the declination of an interim clearance. Somewhere between 25% and 35% of all clearance requests result in the declination of an interim clearance, but the vast majority of these applicants who are able to wait until the investigation is completed and adjudicated, are ultimately granted a final clearance. It is normal for an interim clearance to be declined if the applicant has been involved in substance abuse counseling within the past few years. Adjudicators do not want to authorize an applicant access to classified information until they have the opportunity to review a completed investigation, which will include an interview with you, a review of the treatment records, and an interview with the substance abuse counselor.
If your potential employer is willing to continue to sponsor your clearance request until the investigation is completed and adjudicated, your chance of getting a clearance is good (provided there are no other problems). |
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| Bill L. (Annapolis, MD) |
on 03 Oct 2009 at 8:20 pm |
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Perplexed (Idaho),
You did the right thing to list the information. Interim eligibility determinations are made by DISCO for contractor personnel. There is no appeal of an interim declination which was based solely on review of your SF 86/eQIP. This seems to be the policy at DISCO regardless of the explanation you place on the SF 86/eQIP. During the investigation, police/court records will be checked, as well as queries with appropriate medical facilities and a personal interview with you where you can expand on the issues/ questions posed by the investigator. You may also refer the investigator to other individuals who know you well and know your history with alcohol consumption. I do not see a problem with you being granted a final clearance eligibility upon completion of the investigation and review of all information/documentation by the adjudicator. Unfortunately, the best/only advice I can give you is to ride it out. Good luck. |
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| Bill L. (Annapolis, MD) |
on 03 Oct 2009 at 8:11 pm |
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Michael M (DC),
Investigators do not routinely cross-reference employment information/records with the IRS. At most, they may contact the organization you coached for to confirm your activities and if there were any problems during your "employment". Files of the IRS and state tax entities are generally checked only if your credit report lists a tax lien of if a reference indicates you are a tax scofflaw. However, if you are applying to one of the agencies that require SCI, a polygraph and additional interviews may, repeat may, be conducted. Some of the questions posed may concern appropriate tax reporting/paying. If this is the case, you may want to re-file your tax returns for the year(s) in question. I can't see a large tax bill for your coaching income. Good luck. |
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| Perplexed (Idaho) |
on 02 Oct 2009 at 1:53 am |
|
I would love to buy an answer to my question but alas, unemployment prohibits me from doing so. I'm hoping that you may offer me some information.
I applied for a job with a contractor. I did the SF86 form and was completely honest. I had been arrested for DUI while in the passenger seat of a car. The charge was reduced to reckless driving and then expunged. That was in 2000, 9 years ago. I didn't have any incidents before or after. I began to abuse alcohol again and decided that before i went any further, it was time to stop the stupidity. i entered rehab voluntarily in 2007 and completed a program. I've been sober ever since, attend AA at least 3 times a week and life is good. really good. I also put this on the SF86. In both areas, I used the comments box to expound and say what happened in 2000, and then explained that my rehab was voluntary; my work was never affected and i did the program after work hours. i was denied an interim. I'm devastated.
Can I appeal an interim declination? If so, how?
If not, will I ever be eligible for a security clearance?
I would be honored to work for the United States of America.
respectfully,
perplexed |
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| Michael M (DC) |
on 01 Oct 2009 at 10:43 pm |
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| Bill L: Bill Henderson recommended I repost a question I had regarding "informal employment' and a TS SSBI investigation. I am currently going through this process and am concerned that by me not listing the couple thousand dollars I received in exchange for coaching my neice's youth girls soccer over the fall and spring on my tax returns, then I will run into problems with the investigation. At the time I did not consider this payment part of IRS's definition of "self-employment' and I never received a 1099 so I did not report it on my returns. However when I filled out the SF-86 I included the coaching gig and am subsequently concerned that an investigator will see the activity without parallel tax information. Are my concerns merited? Should I contact the IRS and attempt to get their opinion on if I owe anything? Any insight would be greatly appreciated. |
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| Bill L. (Annapolis, MD) |
on 29 Sep 2009 at 9:46 am |
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Walt (MD),
Sorry that I got you confused with a contractor question, but my basic answer still applies. It is important that you keep your Security Manager appraised of the status of your case and comply with all court-ordered requirements. I can not predict what the CAF will do, probably Washington Headquarters Services (WHS), but in my experience/opinion, you should have your access continued (granted). |
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| Walt (MD) |
on 28 Sep 2009 at 4:39 am |
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| Bill L, thank you very much for your response as I can say that I am greatful for your advice. It's likley that the verdict of a 3-month unsupervised probation for DWI (no conviction) will be selected for the incident. As this being a first time offense, will this cause an impact on the clearance as already being a cleared federal personel? It seems that I will be dealing with WASCAF instead of DISCO. |
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| William Henderson (Pacific Grove, CA) |
on 21 Sep 2009 at 11:01 pm |
|
confused (VA):
I agree with Bill L. You have a chance at getting an interim Secret clearance but your chance is poor. A decision regarding an interim Secret clearance can be made in less than 3 days, because it is based only on a review of your SF86 and a check of the appropriate security clearance databases. No, your sister's employment and clearance with the FBI will not decrease the amount of time your investigation takes, nor will the location of your school or DUI conviction. |
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| confused (VA) |
on 17 Sep 2009 at 10:00 pm |
|
Also, in continuing my comment below...
Is it possible that they will deny my interim clearance for the sole reason because they don't have time to investigate in just one week? |
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| confused (va) |
on 17 Sep 2009 at 8:34 pm |
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Bill,
I have one week till my tentative start date (I have to be on board by the 28th). I was just e-mailed my SF86 today and I will fax all 21 pages of it tomorrow.
Once again, I have a DUI on my record from two years ago. Also, my name is Arabic and my mother is a naturalized citizen. (My sister is in the FBI with TS clearance, proving that my religion, culture, family ties are harmless).
Can they reference my sister's clearance in order to speed up the investigation?
Also the Personnel Dept. that I'm sending the SF86 to is in the same city where I went to college and got the DUI. Maybe that will help to speed things up too? |
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| Mark (TX) |
on 15 Sep 2009 at 2:39 pm |
|
Bill, I posted this issue about a week ago but no reply even though later posting have been replied to. Sorry if this is a duplicate - just want to make sure it made it on the board. Thanks for your advice!
I have 3 DWIs since 1994. The first DWI in April, 1994 was reduced to DWAI. I got my second in Jan, 2000 and my third in June 2009. I completed all orders by the court for the first two incidents and each case is closed. I have not been to court for the June 2009 incident, yet. I currently hold a position that was converted to a Public Trust position. I believe I will be required to fill out another OF-306 and my first SF-85p for this position to undergo a MBI investigation in about 5 -7 years. I disclosed my 2nd DWI on my original OF-306, but did not list my DWAI because to my understanding this was a traffic offense (rather than criminal), I don't remember having any probation and my fine was minimal - less than $100. I did not have to submit a SF-85p for this position originally so there was no follow up personal interview with an investigator to get clarification as to whether or not the DWAI should be listed. I will be disclosing the first DWAI in my OF-306, along with the 2nd DWI and the disposition of this 3rd DWI when my MBI investigation comes due in the next 5-7 years.
Here is my question/concern - I have been attending AA for about a month now and have abstained from alcohol completely. I got a sponsor in AA last week. I do not feel I am an alcoholic, but did make some stupid choices under the influence of alcohol. I believe AA will help me strengthen and maintain my resolve to abstain. I feel I owe it to my family. I have stopped contact with people/places that I previously associated with drinking and have started a workout program to help deal with daily stresses. I'm concerned about the affects these alcohol-related incidents may have on my job when I undergo the MBI investigation in the future. I have no other issues in my background so if I do not have any other law infractions in the future, comply with all court orders for this most recent incident and abstain from alcohol use would it still be beneficial/necessary to undergo counseling with a Licensed Clinical Social Worker in order to mitigate concerns and keep my job? Or, would active involvement with AA, remaining abstinent and passage of time without incident be sufficient? Thank you very much for this informative forum. |
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| Bill L. (Annapolis, MD) |
on 15 Sep 2009 at 12:05 pm |
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Sean (San Diego),
Although you were adjudicated favorably in May, your initial and annual security briefings should have included an element called continuing evaluation and individual responsibilities for those who hold a clearance eligibility of access. These responsibilities include self-reporting of incidents including criminal conduct, financial problems, alcohol abuse, involvement with foreign nationals, etc. These responsibilities also include reporting such incidents involving co-workers. You should immediately report your DUI to your security officer and keep him/her advised of the status of your court case and disposition of the charges. If you have had prior alcohol or criminal incidents, you are at risk to be looked at closely for access suspension or clearance revocation. However, if this is a one-time incident, you will probably be alright. Good luck. |
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| Bill L. (Annapolis, MD) |
on 15 Sep 2009 at 11:51 am |
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Confused (VA),
Sorry, but I really can’t give you an 80/20, 60/40 type of answer. I can give you the book answer and the practical answer. And the real answer is how badly your employer needs your skills and abilities and how fast. The book answer is that most Security Managers deny interim access if the applicant answers “yes” the questions involving criminal conduct, drug use, current financial problems, etc. Those issues are investigated and later adjudicated which can take months. The practical answer is that those commands that need skilled personnel badly will look beyond the “yes” answers and at the facts/circumstances of the incidents listed by interviewing the applicant, gathering information/documentation and making an informed decision whether to grant/deny interim access. Good luck. |
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| confused (VA) |
on 14 Sep 2009 at 7:59 pm |
|
Thanks for answering Bill! I have to prepare beforehand, as in moving and finding housing near this job, so I wanted to ask you what the chances of me getting granted this clearance are. Is it 50/50? Surely, you have to sway more towards one way or another. What do you think?
Once again, to remind you, I got a DUI from almost 2 years ago. My tentative start-date is in two weeks as a GS-7. I need to start making plans, so what are my chances that I will be granted this interim clearance?
Has someone with a DUI on their record from 2 years ago ever been approved for interim clearance? It is possible right? |
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| Sean (san diego) |
on 10 Sep 2009 at 12:25 pm |
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| Question. I got a DUI about 2 months ago. I have a current TS Clearance that was just re-investigated back in May so I am good for 5 more years. Am I in jeopardy of losing my clearance? |
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| Bill L. (Annapolis, MD) |
on 10 Sep 2009 at 11:38 am |
|
Walt (MD),
Two important things - compliance with all court-ordered requirements and keep your FSO informed and provide him/her documentation. On the down side, the adjudicative guidelines reflect that being on probation is a security concern so the sooner you comply with requirements of the court, the sooner your probation is lifted. The military adjudication facilities generally look at probation 2 ways - formal (reporting) probation is a stopper, while informal probation (non-reporting) usually results in eligibility being granted conditionally in that you must satisfy all court-ordered requirements. In all cases, the adjudicators look at the crime committed and they know that states differ greatly in punishing DIU/DWI incidents. I can not predict what DISCO (the adjudicative facility for contractors) will do, but good luck. |
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| Mark (TX) |
on 09 Sep 2009 at 10:44 am |
|
Mr. Henderson (and staff),
I have 3 DWIs since 1994. The first DWI in April, 1994 was reduced to DWAI. I got my second in Jan, 2000 and my third in June 2009. I completed all orders by the court for each incident and they are closed cases. I currently hold a position that was converted to a Public Trust position. I believe I will be required to fill out another OF-306 and a SF-85p to undergo a MBI investigation in about 5 -7 years. I disclosed my 2nd DWI on my original OF-306, but did not list my DWAI because it is my understanding this is a traffic offense (rather than criminal), I don't remember having any probation and my fine was minimal - less than $100. I did not have to submit a SF-85p originally so there was no follow up personal interview with an investigator to get clarification as to whether or not the DWAI should be listed. I will be disclosing the first DWI (DWAI) in my OF-306, along with the other two DWI's when my MBI investigation comes due in the next 5-7 years.
Here is my question/concern - I have been attending AA for about a month now and have abstained from alcohol completely. I got a sponsor in AA last week and am doing well. I do not feel I am an alcoholic, but I believe AA will help me strengthen and maintain my resolve to abstain. I feel I owe it to my family. I have stopped contact with people/places that I previously associated with drinking and have started a workout program to help deal with daily stresses. I'm concerned about the affects these alcohol-related incidents may have on my job when I undergo the MBI investigation in 5-7 years from now. If I have no other issues in my background, do not have any other law infractions in the future, comply any court orders for this most recent incident and abstain from alcohol use would it still be beneficial/necessary to undergo counseling with a Licensed Clinical Social Worker that is in my insurance network in order to mitigate concerns and keep my job. Or, would active involvement with AA, remaining abstinent and passage of time without incident be sufficient? Thank you very much for this informative forum. |
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| Walt (MD) |
on 08 Sep 2009 at 6:12 pm |
|
| Hello everyone, I am currently an employ Federal DoD employee, and been charged with DUI. After going through step 1 in court, my attorney says that they either may dismiss the case, or I have serve a period of probation with no conviction. If probation is selected, how is it going to impact my clearance? I have completed a 6-week counseling program not mandated by court, and was diagnose as an non-alcoholic. I have reported to my FSO. Any input would be great ! Thanks ! |
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| Bill L. (Annapolis, MD) |
on 31 Aug 2009 at 2:32 pm |
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Confused (VA),
If you were hired as a contractor, I doubt your interim clearance will be granted by DISCO as they seem to be very strict in that process. If you were hired as a government employee (GS, WG, GG, etc), the hiring command makes the interim clearance eligibility determinations. I agree with your concern as your DUI is relatively recent and the ability/practicality for local commands to resolve/mitigate conduct is limited. I also agree that you will probably get your final clearance eligibility, but the investigation may take longer due to the investigative steps that OPM must go through (police records, court records, rehab records, etc. Good luck. |
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| Bill L. (Annapolis, MD) |
on 31 Aug 2009 at 2:26 pm |
|
Cristina (CR),
I see no reason why you could not qualify for a Secret or Top Secret clearance eligibility. The passage of time since your listed conduct is significant for a positive decision in your case. Access to SCI may be different, agency to agency. However, I urge you to be honest when you are completing your forms (SF 86/eQIP). Investigating and adjudicating clearance eligibility is not different for military, civilian or contractor personnel. Conduct, good or bad, is theoretically looked at in the same way for everyone. |
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| Kristina (CR) |
on 27 Aug 2009 at 1:15 pm |
|
I might also add, I am a former Marine with an Honorable discharge. I see a lot of the posts here are about military. I am trying to make the most of civilian life.
Thanks in advance for any insight. |
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| Kristina (CR) |
on 27 Aug 2009 at 11:58 am |
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Hello all. I am considering the study of computer data forensics. I see that a security clearance will be needed fior the job. I have had two DUI's, last one was over 13 years ago. I have not had a drink or drug since then. I also have an arrest for stealing a baracade and for marajuana posession from 13 years ago. Do you think my past will come back to haunt me? I have good credit and live a Christian life today. Before I spend more money on college, I wanted to get a handle on what I might have ahead of me.
thanks for any input! |
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| confused (va) |
on 25 Aug 2009 at 11:29 pm |
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I was offered an entry-level position as a Contract Specialist (considered Intern position for first two years). This offer is contingent on an Interim Clearance. Here are my facts:
I have a DUI from almost two years ago. I explained on my form that it was a complete lapse in judgment and very uncharacteristic of me.
Other than that I have a clean record and good credit.
I am a US citizen, born and raised.
I am not very worried about getting a full security clearance but I am worried about being granted an interim clearance. I explained on the form that this was very uncharacteristic of me and complete isolated event from college years.
Will my DUI cause me to be denied of an interim clearance?
I am very nervous and this wait is killing me. I just want to know what I should expect so I can plan accordingly. I've only been waiting for one week, but it feels like it's been forever.
Please Help! |
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| Bill L. (Annapolis, MD) |
on 25 Aug 2009 at 7:47 am |
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Amorina (Ohio),
Your indicent should not be a problem in receiving a security clearance eligibility. One incident, 10 years ago with minimal impairment should not be a problem. However, the question on the form (eQIP/SF 86) asks "Have you EVER been charged with any offense related to alcohol or drugs?" You should answer "Yes" to this question and explain in the space provided. |
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| Bill L. (Annapolis, MD) |
on 25 Aug 2009 at 7:42 am |
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Alex (AL),
The question on the form (eQIP/SF 86) asks (in the past 7 years) "Have you received counseling or treatment as a result of your use of alcohol?" Whether your treatment was voluntary or directed, I think you should answer "Yes" to this question and explain when asked by investigators. I do not think this information will stop you from a clearance eligibility and should not stop you from an appointment as an officer. Good luck. |
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| alex (AL) |
on 20 Aug 2009 at 12:00 pm |
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| I recently entered treatment for alcohol abuse because I believed my alcohol consumption to be too heavy and was afraid of future negative effects. I have completed voluntary treatment and have abstained from drinking with no problem. Also, I have never had any legal or job problems related to alcohol. I am currently wanting to enlist in the Army as an officer to further my career and have been instructed by several army recruiters and officers to omit this detail from my application as it will likely make me ineligible to enlist. Is this wise and will they be able to find out if I attended treatment if I don't disclose it. I have been told that the army will only know about it if I volunteer the info as they only search medical records pertaining to those things disclosed on the application. Any advice, experience, knowledge of this situation is appreciated. |
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| amorina (ohio) |
on 14 Aug 2009 at 9:12 pm |
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| I was picked up for having 2 drinks, blood level of alchol was 0.3 low. That was 10 years ago and I don't have another one since. Can this be a problem for clearance? |
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| Bill L. (Annapolis, MD) |
on 11 Aug 2009 at 9:07 am |
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Tim (Colorado),
Please see my comment to Steve (Kentucky). If you have been abstinent from alcohol use since 2004 and have no other issues (financial, foreign connections, etc), you should have no problem keeping your job. It is important to complete your form (eQIP/SF 86) accurately and honestly regarding your criminal conduct and alcohol-related incidents. Good luck. |
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| Tim (Colorado) |
on 07 Aug 2009 at 11:43 pm |
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| I have 3 DWIs - 1989, 1995 and 2004. My current position was converted to a public trust position and I now have to undergo a MBI investigation. I saught alcohol counseling on my own after the 3rd incident and have been through alcohol counseling and have followed the recommendations provided. I have abstained from alcohol for the last 5 years and have not had any other problems. There are no other issues in my background. Do I have any chance of keeping my job? |
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| Mike (Wisconsin) |
on 15 Jul 2009 at 10:59 pm |
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| I enlisted in the Marine Corps in April and my MOS requires top secret clearance. In may on memorial day weekend I received a Unlawful possession/consumption of alcohol in a public street or alley... I went to court and paid the ticket. i told my recruiter about it the next day after i got the ticket. will this disqualify me from having my clearance? I am 19 and was 18 at the time of the ticket, and it was my first and only alcohol related ticket. |
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| Bill L. (Annapolis, MD) |
on 14 Jul 2009 at 1:10 pm |
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Steve (Kentucky),
Yes, you have a chance. The adjudicative guidelines for alcohol consumption state that mitigating conditions include passage of time, conduct is unlikely to recur, or the individual has been involved in counseling. Nine years since your last alcohol-related offense is certainly favorable behavior and should be looked at in that light by the adjudicators.. |
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| Steve (Kentucky) |
on 01 Jul 2009 at 7:09 pm |
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| I have 3 dui's and 2 pi's. They were all between 9 and 13 years ago. I was under 21 when all of these occured. I have since been in the military and graduated from college. Do I have any chance of getting a security clearance. Thanks for you help |
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| Desperate (Los Angeles) |
on 15 Jun 2009 at 1:22 am |
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| I've been arrested about 3 years ago driving on the freeway. I wasn't completely sober but I was totally ok to drive. So i was driving and I hear a siren behind me. Seeing that it was a highway patrol I quickly changed lanes not seeing the car beside me and almost got into a car accident. The cops pulled me over and did the breathalyzer and everything and they arrested me and took me to the station. But when they did the breathalyzer again at the station, it was under the limit. So my attorney came to court with me and fought it off as wreckless driving. And that was 3 years ago. Now im trying to get a job at this company and they do a background check. I'm scared it's going to come out when they do a background check on me. I don't really want to put it on the resume. What do I do? can anyone tell me if its going to show up on my background check?? |
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| Eric (VA) |
on 13 Apr 2009 at 11:30 am |
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Martin,
From what I have gathered, your alcohol-related incident will not be considered disqualifying for a security clearance, provided there are no aggravating or complicating circumstances and your history of alcohol use has been otherwise moderate and responsible. |
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| Martin (LA) |
on 13 Apr 2009 at 11:21 am |
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| I recently enlisted in the army and am currently waiting to go to basic training. The MOS i selected requires a secret security clearance. I recently received a citation for Minor in possession of alcohol. Will this likely keep me from acquiring my security clearance? |
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| Voight |
on 26 Mar 2009 at 8:10 am |
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| Does participation in an alcoholism rehabilitation program also count as a "mental health" issue (question 21 on m copy of SF-86), or should it be restricted to question 24c? The "mental health" question 21 requires filling out the HIPAA form, but the alcoholism treatment question 24c does not. |
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| Anonymous (FL) |
on 10 Mar 2009 at 10:40 am |
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| I am retired military and once held a secret clearance while in the service. I have applied for government jobs that required a secret clearance. 51/2 years ago I was arrested for DUI and plead guilty to Reckless Driving and served one year probation and 50 hours community service. I have a couple other minor traffic tickets that occurred before the DUI, but that is it. Is there a chance that I will be able to get an interim clearance? |
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| Need This Job (San Diego) |
on 16 Feb 2009 at 8:51 pm |
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I am currently filling out an application on line before an upcoming interview with Lockheed Martin. The position will eventually require some type of security clearance. I am now at the end of my application and until now, I've had no problem being completely accurate. Some time around 1989 (I was over 21) I was arrested and consequently convicted of Driving while ability impaired (DWAI) in Colorado. This was so long ago, I don' t have any records myself but I think this record has since been sealed from public records and is only available through written request. My instincts tell me to keep a clear conscience and report the incident and risk raising a flag on an otherwise clean record? The job market is unbelievably filled with highly qualified candidates and any negative mark could mean many more months of unemployment. Please help me make the best decision.
This is the exact question:
If you have any type of criminal record, history or other information in response to one or more of the questions below, you must disclose the information and supply the details on this application form.
Please note that the disclosure obligation applies to many traffic or traffic-related violations or other offenses that you may view as minor.
You may omit: {a} minor traffic violations for which you paid a fine of $300 or less; {b} any offense committed before your 21st birthday which was adjudicated in a juvenile court under a youth offender law or program;
{c} misdemeanor marijuana convictions two years from the date of such conviction; and {d} misdemeanor minor in possession of alcohol for which you paid a fine of $300 or less and received no other sentence or penalty. {e} any convictions that the court expunged, sealed or erased.
*Have you ever had a finding or verdict of guilt imposed by a court or have you otherwise been convicted or found guilty of a crime, regardless of whether any fine, penalty or sentence was imposed, served, probated, suspended, deferred (as in deferred adjudication), or otherwise withheld or set aside (for example, a finding of guilt or sentence held in abeyance and later dismissed upon meeting certain conditions such as good behavior, community service, completion of a course, or other requirements)? Include any conviction by a general or special court-martial while in military service. |
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| Somebody (Somewhere) |
on 04 Feb 2009 at 4:29 pm |
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I will tell you what we can do, corner these individuals and inform them of the risk they present to others. Other then that, you sound like some job hungry people whom are willing to dismantle others to get your bread and water.
This article is very discouraging for a large majority of Americans who have had some type of alcohol related incident. We can put tax cheaters in charge of the Treasury but we can't put a drunk driver or habitual alcoholic in charge of sensitive material. Hmmm. America the land of dreams. |
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| Anonymous |
on 16 Nov 2008 at 5:04 pm |
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| what can we do? |
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| bob goodheart (SPOKANE WASHINGTON) |
on 11 Nov 2008 at 1:01 pm |
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this is the American male they never grow up,In this case they
put that whole region in danger, there thinking so what,I worked on Johnson atoll in 1988.and some of the people that worked there drank like fish and with Serin nerve gas in bunkers.leaking i wonder why they ever made it from day to day
make ya think . |
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| Anonymous (WA) |
on 04 Nov 2008 at 2:55 pm |
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| I know two people that work at the Umatilla Chemical Depot that have a drinking problem - which they will not admit to - and use recreation drugs when they have time off between shifts. They are afraid of being drug tested, so they try to allow enough time to party before they have to go back to work. I dont understand how they havent got caught yet. There are too many of us looking for jobs that could very easily replace people like them - that are drug free!! |
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