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Nervous (MD) ((Baltimore)):
There are scores of federal agencies that grant/deny security clearances, each has its own processing times, and none of the agencies make stats available on the time it takes to reach a decision on an SOR response. DOD agencies must reach a decision within 60 days if no additional investigation is required. If they are unable to reach a decision within 60 days, they have to notify the Subject of the reason for the delay and the date a final decision is expected (generally not more than a total of 90 days). |
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William Henderson on February 8, 2012 at 12:31am
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JW (WA),
You are correct on all counts. You should report your arrest and provide any documentation to both your contractor and Reserve unit security officers and provide documentation of all court appearances. Your attorney is using SOP to suggest the alcohol assessment/counseling to prepare for your arraignment/trail to get you the best possible outcome. In my opinion, a single alcohol incident should not result in a clearance revocation, as long as you complete all court-ordered requirements (treatment, fine, probation). Unless you require TS for your job/Reserve duties, you will not need to submit a new SF 86 on the 5-year anniversary of your investigation and you would continue to be eligible for Secret access. Good luck. |
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Bill L. (Bowie, MD) on February 7, 2012 at 10:32am
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Last week I was arrested on suspicion of DUI. My BAC was .12. I currently hold a TS/SCI which I no longer need in my current military position and contractor job. My 5 year reinvestigation is up for renewal later this year. I had planned on letting the TS downgrade to Secret without an application for reinvestigation per direction from the Base Security Manager. I have spoken with my commander about the incident and plan on disclosing the arrest to my security manager the next time I drill (I am a reservist). I have not been charged with DUI at this time but will report to my security manager if this eventually happens as well as the conviction, if any.
My question involves whether I should follow the advice from my legal council concerning alcohol assessment and treatment. Council is encouraging me to submit to a voluntary 1 hour Alcohol Assessment which will require a minimum state mandated 8 hour alcohol class in order to better my chances of plea bargaining and show I am taking this process seriously. Should I go ahead and submit to this process or wait until the outcome of my trial, if any? I have a spotless record and don't consider myself a problem drinker but rather a lapse of judgement in an isolated incident.
Also, it sounds like I need to report to my security manager on 3 seperate occasions. Arrest, Charges Pressed and Conviction?
Thanks for your contributions in this forum. |
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JW (Everett, WA) on February 3, 2012 at 12:32am
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Thank you Mr. Henderson. Since my last post I received a SOR which I have submitted a rebuttal for with the information that should mitigate my past incidents. However my secret clearance is suspended pending review of the rebuttal. How long does it typically take for a SOR rebuttal to be reviewed and a decision made on whether or not to approve my TS? Does a case that involves a suspended clearance get expedited at all? I am a federal employee (not a contractor.) |
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Nervous (MD) ((Baltimore)) on February 1, 2012 at 2:10pm
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Prodigy66 (Washington, DC):
A Moderate Risk Background Investigation—MBI (formerly Minimum Background Investigation) is required for Moderate Risk Public Trust (MRPT) positions and is based on an SF85P. If the position is designated as both MRPT and non-critical sensitive national security, then the MBI will be based on an SF86. The SF85P asks for information about all arrests, charges, and convictions within the past 7 years. The SF86 asks for this same (7-year) information and asks if you have EVER been charged with a felony or an offense involving alcohol, drugs, firearms, or explosives or been convicted of domestic violence. Only the Optional Form 306 asks about all convictions, imprisonment, probation, or parole within the past 10 years.
Perhaps the form they want you to complete is their own company form and not one required for the MBI. In any event your convictions might be symptomatic of an alcohol problem. If you have an alcohol problem, it will be a more significant issue than 3 misdemeanor offenses that happened 4 to 8 years ago. |
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William Henderson on January 30, 2012 at 7:01pm
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Hi Mr. Henderson-
I have a question regrading this topic. I have just accepted an offer to work a contract for a government agency which requires a Mininum Background Investigation. In their application, it asks to list any convictions in the last 10 years. My concern is the following entries on my record:
- 2008 - DWI charge ammended to Reckless Driving
- 2007 - Public SwearingIntoxication
- 2004 - Public SwearingIntoxication
Do you think these will be an issue attaining the MBI? Do I need to mention these on the application?
Thank you.
-Prodigy66 |
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Prodigy66 (Washington, DC) on January 30, 2012 at 8:03am
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Mr. Henderson -
A follow-on question - in your reply you mentioned "The CAF has a few options on how they will gather information on which to base a review of your case". Can you provide any insights on this other than the usual interviews with contacts? |
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ANON (CA) on January 29, 2012 at 11:46am
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Nervous (MD) (Baltimore):
Usually two alcohol-related incidents spaced several years apart will not be viewed as a pattern of irresponsible conduct. Additionally, alcohol-related incidents are symptoms of a possible underlying alcohol problem. If these were two isolated incidents and you have otherwise consumed alcohol in a reasonable, responsible manner and complied with the advice of a professional alcohol counselor, you may have to go through a couple of extra steps in your clearance processing but you should be okay. |
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William Henderson on January 20, 2012 at 4:05pm
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Mike (CA):
If your use of alcohol has been reasonable and responsible, there are no alcohol-related incidents in your past, and this, as well as the circumstances surrounding your attendance in the rehab program, can be corroborated through a background investigation, you have a reasonably good chance of receiving a security clearance. I don’t know about your chance of getting into OCS. I recommend against starting a career based on a lie. |
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William Henderson on January 20, 2012 at 3:53pm
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ANON (CA):
Absent any indicators of an alcohol problem, a single DUI usually results in no more than a warning letter from the Central Adjudication Facility (CAF) that any future problem of a similar nature could result in clearance revocation. The CAF has a few options on how they will gather information on which to base a review of your case, but the outcome will probably be the same. |
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William Henderson on January 20, 2012 at 3:35pm
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Parking Tickets? (OR): There’s no requirement to list parking tickets on an SF86. |
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William Henderson on January 20, 2012 at 3:29pm
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Mr. Henderson,
June 6, 2011 I began working for a major contracting agency in the DC area, on the evening of my first day of work I was arrested for a 2nd DWI w/in 5 years. I was later convicted of a DWI 1st offense. My first DWI was Nov 29, 2009 while I was undergoing investigation from going from a secret to TS clearance. I currently hold a TS/SSBI. The June 2011 DWI was reported in JPAS and as of today 1/19/2012 the open incident has been sent to DOHA. I am not an alcoholic and to exhaust all possibilities I did go through an alcohol treatment program which I will have completed (including after care) on Feb 2nd 2012. I have not been found to be an alcohol dependent person or even one who abuses alcohol. What are my chances that DOHA will favorably adjudicate my incident report so I may continue to earn a living? |
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Jonathan (Reston) on January 19, 2012 at 1:54pm
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I received a citation for underage drinking in March of 2005, 6 months shy of my 21st birhtday, while in college. I received a Secret clearance in April of 2007. I included the citation on my SF86. In September of 2011 I received a DUI and I am now going through the process of getting a TS clearance. I listed the DUI on my SF86.I have completed the requirements of my probation including an alcohol evaluation where it was determined that I had no alcohol dependency but I underwent a 12 hour early intervention class. I am voluntarily participating in AA classes. I am now being adjudicated for the TS clearance.What are my chances of being granted the clearance? |
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Nervous (MD) (Baltimore) on January 18, 2012 at 9:26am
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I am currently in the process of applying for army officer candidate school. I have filled out the SF 86 and taken the ASVAB. I scored a 96 on the AFQT, graduated college with highest honors with a double major and a minor, and am physically fit. I am extremely excited about the possibility of becoming an Army officer; however, there is something troubling me immensely... My grandparents are wealthy and give all the grandchildren a very nice graduation present, however, they are extremely anti drinking. When they found out I drank, they said that I would only receive the monetary gift if I went to rehab to "learn the dangers of alcohol." So I went, because I wanted the money. The minimum stay was 30 days but I was only there for one week (the rehab center made an exception for my situation). The assessment doctor concluded that I was not alcohol dependent but did get drunk in college, so I abused alcohol. When I told my recruiter, he said not to include it on the SF 86, because they will never find out. Additionally, he said that because the demand is currently so low for new recruits, I would pretty much be guaranteed not to be accepted into army ocs if I included rehab on the sf 86. So, I answered no for the alcohol treatment section. The rehab was voluntary and paid in cash. However, all of my friends and even past employers know about it, because I had no reason to hide it. So, if I required top security clearance, it would come up in interviews. If I chose a job that did not require security clearance, I am sure it would never come up, however, I would maybe require clearance in the future. I could still have my recruiter change my sf 86 since I have not been to meps. I really do not know what to do at this point. I could just continue on and probably be accepted no problem. Or I could be honest and pray that I can some how get a waiver. BUT, on paper the rehab looks really bad... I was supposed to do aftercare things like AA meetings 8 times in order to get the money, however I was so fed up with it I just decided the money wasn't worth it and did not attend AA. So on paper, I attended rehab, but did not complete it (since I wasn't there for 30 days, but I did stay for the agreed upon time). I did not complete any aftercare. And I still socially drink, which after rehab appears to be a "relapse." And, the stint in rehab was less than a year ago. I am not sure what my odds are of mitigating this or getting a waiver if I revealed it. I really do not know what to do here. Any advice is greatly appreciated.
Thank you,
Mike |
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Mike (CA) on January 17, 2012 at 9:30pm
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Mr. Henderson -
I have had an active SSBI and Special Access clearance for the last 20 years and work for a Gov contractor and was successfully re-investigated for 5-year renewal in the last 12 months. I recently got a DUI though it is the only incident ever and other factors such as finances, performance, attendance are stellar. I reported the incident to Security and am waiting to hear from the Gov. What is the usual disposition in cases like this? My company Securty officer would not comment on potential outcome. |
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ANON (CA) on January 15, 2012 at 3:01pm
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Hi,
First of all, I have found this website to be very helpful. Thank you to everyone.
I just submitted my security clearance to become an officer in the Air Force. After I submitted it, I feel extremely anxious even though I have never been in trouble with the law. I have received maybe 4 parking tickets at most in the last two years and I did not report those.
Should I have reported those? What's the protocol for parking tickets for the Air Force?
THANKS, |
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Parking Tickets? (OR) on January 13, 2012 at 5:44pm
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Contract (MD):
I think you’re confused about the forms and clearance. An NACI is an investigation, not a clearance. The NACI is the lowest level investigation used to determine federal employment suitability for low risk, non-sensitive positions. It is not used for security clearances. The NACI is based on an SF85. An OF 306 is also required for federal employment and it supplements the SF85. Hiring decisions can be made based on a resume and people can be brought onboard (Entry On Duty) before having to complete an SF85/OF306 and before any investigation is initiated. They can also be terminated after the investigation is completed and they are found unsuitable for federal employment. Most agencies require an SF85/OF306 before EOD, but some don’t. Without knowing anything about your background, it’s impossible to know whether you should be concerned about the processor or how you might mitigate the risk of being found unsuitable. |
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William Henderson on January 12, 2012 at 1:06am
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Mr. Henderson,
I have a couple of questions relating to my background, federal employment suitability and a High Risk Public Trust clearance.
I have the following incidents on my record:
1988 - DUI
1997 - DUI
2006 - DUI
I know, it's not pretty nor is it anything I am proud of. I am currently a contractor, I have the option of taking a federal job or staying a contractor (without an additional background check).
My question is what are my chances of passing the suitability and getting the Public Trust. Is it worth trying or should I not bother and just stay as a contractor and not risk it. If I go for this and fail the suitability and/or Public Trust I am sure my job as a contractor is done also.
I know you can't give absolutes but with your experience I'm hoping you can give some sage advice. I really want the job but I also don't want to be left without an income.
Thanks. |
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deciding (NY) on January 3, 2012 at 7:29pm
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Anonymous Engineer/US Citizen,
Situation 1, if you were not arrested, you do not need to list this on the SF 86/eQIP. Situation 2, the form asks if you have used illegal substances in the past 7 years, so just do the math. Situation 3, the form says you can exclude traffic offenses for which you paid a fine of less than $300. However, if you are processing for SCI, most agencies have “supplemental forms” that modify the questions to ask “Have you ever…” Final question, yes these incidents can have an impact on an interim or final clearance determination. In my experience, these 3 situation should not result in a clearance denial, unless you falsify the SF 86/eQIP and are found out later. Good luck. |
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Bill L. (Bowie, MD) on January 3, 2012 at 9:55am
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Michael (DC),
Your security personnel (if DOD) should report pertinent info to the appropriate adjudication facility via JPAS. They should also monitor your court action/probation/etc and submit a final report when these actions are completed. Unless your DUI could reflect negatively on your job or access requirements (IT, SAP, etc), they should not report it to your supervisor or HR. IT and SAP access have separate review requirements and info such as a DUI would have to be reviewed by appropriate officials. Good luck. |
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Bill L. (Bowie, MD) on January 3, 2012 at 9:45am
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I currently have a tentative offer letter with a federal agency, which requires a NACI clearance. My question is this- is a succesful completion of the OF 306 sufficient to get a firm offer? How much is the OF 306 scrutinized versus the SF 86 I will have to submit later? There are very minor infractions I will have to report on the OF 306, but ones which will likely not need to be reported later because they are over 8 years old. I really just need to know if getting the firm offer is enough to put in my two weeks at my employer, or if I should be concerned until the NACI is complete? How can someone mitigate the potential risk of not getting the clearance if they're expected to begin on an interim clearance basis? |
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Contract (MD) on January 2, 2012 at 6:16pm
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When you report a DUI arrest to your security office and you otherwise have a spotless record in all areas, who else is s/he required to report it to? Does an employer (supervisors and colleages) get told of the security concern and if so, when and how specific is the information provided? Thanks in advance for your help. |
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Michael (DC) on December 30, 2011 at 2:31pm
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I've just recently filled out a security clearance pre-screen for the defense contracting company I will be working for at the start of next summer and I know I will have to fill out an SF86 at some point. I have three questions:
1. I was pulled over when I was 16 for driving under the influence, but the officer knew how screwed I would be since it was after legal driving hours and called my parents instead (which was probably much worse). None of this resulted in any paperwork or booking or even a slap on the wrist, so I was wondering if I have to report this on the SF86 even though it was over 6 years ago and it's not on my record?
2. I smoked marijuana twice when I was a freshman in college (by the way it's the most useless drug ever, don't understand why people do it but that is not for discussion in this forum.) I was never caught doing anything illegal and have not used it in the past 5 years. Does this need to be disclosed since it's not on my record?
3. I received a non-criminal speeding citation for a total of $412.50 (thank you very much Interstate-8) which will be removed from my record courtesy of Traffic School. Does this need to be disclosed since it's not on my record?
Also, if anything from 1, 2, and 3 have to be disclosed, will this impact my ability to receive S/TS/TS-SCI or any Interim?
Thanks,
Anonymous Engineer |
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U.S. Citizen (United States of America) on December 21, 2011 at 1:20pm
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CURIOUS(Bremerton) (Washington):
My best guess is a minimum of two years after successfully satisfying all needed/required alcohol rehab treatment plus active involvement in any recommended aftercare, and two years of consistently paying all debts as agreed. There is no standard period of time. No two adjudicators are likely to agree on the exact amount of time. “Whole-person” factors will influence an adjudicator’s decision. |
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William Henderson on December 18, 2011 at 9:59pm
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Mike L (AL):
Multiple alcohol-related arrests raise two issues: 1) criminal conduct and 2) alcohol consumption. The disposition of a criminal arrest (i.e. nolo pros, dismissal, finding of not guilty, probation, etc.) is not as important as the actual conduct that resulted in the arrest. Alcohol consumption is always a separate issue when there is alcohol-related misconduct. Your chance of getting a clearance is dependent on your past and present drinking patterns, as well as your related conduct and whether it was responsible or irresponsible. |
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William Henderson on December 18, 2011 at 9:50pm
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I got out of service, for alcohol rehab failure, but received an honorable discharge. My credit is shot and I am in debt, I am trying to fix this and am using Post 911 to go to school. I would like to fix my record and fly straight to get a clearance to work the navy shipyard. I had a lengthy alcohol problems, (drunk on duty, treatment at Point Loma, a DUI prior to service and alcohol incidents)but seen the error of my ways. I no longer drink, satisfied a DUI offense for the rehab failure. Got treatment to satisfy courts, have no more issues. I want to move on yet my past history may get the better of me. I will pay my debts even though they show bad payment history an lack of since losing my military pay. How much time do I wait before I would have a better chance a restarting my life with a good job?? |
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CURIOUS(Bremerton) (Washington) on December 16, 2011 at 4:24pm
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Mr. Henderson,
I applying to an IT position with the DON that requires a Secret Security Clearance. I was honorably discharged from the Navy in 2005. I have had the following offences:
1. Public intoxication. Paid a $350 fine. 2006
2. Possestion of maijuana less than 1 ounce. Served 9 months probation. Attended Drug Awareness classes. Paid $500 fine. Haven't touched it since. 2007
3. D.W.I., Fail to stop and render aid (under $2000 in damages. Class b Misdemenor), and fail to stop at redlight. This was 15 months ago. Was recently placed on 1 year probation in November 2011. Attending D.W.I. awareness class, D.W.I. victim impact panels, and defensive driving. I am also required to have a ignition interlock device. I was not fired from my Financial IT position for this offence. I have not drank in 15 months and don't plan on doing so.
Is there any chance of obtaining a Secret clearance with these charges on my record? Any advice, or suggestions would be greatly appreciated. Thank you fo your time sir.
MG,
TX |
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MG (Texas) on December 16, 2011 at 3:54pm
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I recently applied for a security clearance. My interim was granted and then 3 days later denied due to need of further investigation. Here is rundown of my offenses/conviction.
- DUI arrest in 2005- was thrown out
-DUI arrest in 2006 - convicted and paid court cost and unsupervised probation
-DUI arrest 2009 - city ran out of continuances because the officers wouldn't show.
I am a naturalized citizen from the Islands. No previous delinquent debt except for $2000 in credit card a couple years ago. Which is now paid off.
I live in a small city and they give out DUIs more than speeding tickets. I explained on my SF-86 that I have changed my habits and behavior. How are my chances with just 1 DUI conviction and those 2 arrests? |
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Mike L (AL) on December 14, 2011 at 8:19pm
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Adjudicators,
Have you ever adjudicated against someone for alcohol if they have no arrests, charges, etc related to alcohol. I.e. if the only alcohol issue would be the habitual or binge consumption issue? Currently in the service going for a TS clearance. When I was interviewed came to the question how often and how much you drink question. I replied "yes I do but I'm not your every weekend or day drinker. I only drink on special occasion such as kids birthday, family get togethers etc. three times out of the year." I consume About 6-12 beers on this day hanging out with friends and family. With no irresponsible behavior resulting out of it. I don't see it being issue but I'm not sure in the eyes of and adjudicator. What would be the chance of a favorable adjudication? |
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A person (U.S) on December 12, 2011 at 12:14pm
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I am an officer. I got a public intoxication in 2008, after that I got a DUI in Jan 2011(still pending), and another one in June 2011 which was reduced to Reckless Driving. I reported the first DUI and not the second one. What will happen to me in the military? Also I am deploying in February 2012 and my clearance is due in March 2012. What will happen with my clearance? |
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Julia (Pope AFB) on December 6, 2011 at 8:51am
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I have not smoked marijuana for 2 months, and am planning on applying for an internship position for the summer of 2013 in an agency of the government that requires no drug use 12 months prior. I never bought or sold drugs in the past, and I only smoked on occasion (once every few months). I have never taken any other drugs, never smoked cigarettes or done chewing tobacco. It has in no way affected my health, and I am very physically fit. I also go to a top 20 university, and have excellent grades (if that matters). I have decided never to use drugs again, even though my initial use was purely experimental. What levels of security clearance are there, and will I be eligible for top-secret if need be? I plan on being 12 months dry before the polygraph. Also, if I fail, can I be arrested for admitting to drug use? Will I be permanently branded by the government, and can I ever receive clearance in the future? And if I am given clearance, will there always be a brand on me that
says I used once, or am I just passed through? Sorry one more question. Is the illegal use of alcohol as a minor a part of the polygraph examination? Oh, and I have never had any citations, problems with the law, etc. |
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Anonymous (IL) on November 28, 2011 at 4:28pm
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Dear Mr. Henderson, Bill L, and staff:
Can DISCO/OPM process, adjudicate, and grant a secret security clearance if I have a pending DUI case?
My e-QIP/SF86 is to be submitted in the coming weeks and a final disposition of my DUI case might not happen until January.
I've looked everywhere, including the DSS/DISCO website, and there is no guidance or guidelines about pending criminal charges with regard to background investigation, adjudication, and granting/denying clearances.
I even went so far as to call DISCO (the general helpline number) and the answer offered was "it depends." The security officer at the contracting firm hiring me has given the same vague answer. Everyone I've spoken with is convinced the interim clearance will be denied but a final clearance is still possible, even with a pending DUI case. But intuitively this doesn't seem right. How can a secret clearance be granted, or even processed, with a pending criminal case?
For what it's worth, I'm being hired as a contractor at DOS, have a high level of professional achievement, not a single prior criminal or alcohol related incident on my record (I'm 40), and have previously held a TS/SCI clearances. This DUI was truly a one-off and regrettable incident.
I'm hoping you can provide some clarity on the rules/procedures for processing and adjudicating security clearance when there is a pending criminal charge (in my case a DUI).
Thank you!
LuckyNot (VA) |
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LuckyNot (VA) (VA) on November 26, 2011 at 11:55pm
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I am graduating college in May of 2012 and was recently arrested for public intoxication. For the company I will be working for I will have to get a Security clearance, I am worried that his PI may be ground for denying a clearance, should I be worried that a simple public intoxication will ruin my shot at this? |
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Chris Trombles on November 23, 2011 at 2:10pm
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I am currently 20 years of age. In the last year, 19 at the time of arrest (TOA), I have had three incidents with law enforcement. The first, oct 2010, I was arrested for DUI and convicted. The second, arrested in college dorm for assault on an officer, and AI. Assault was later amended to resisting arrest. The third was in June, arrested and convicted of DUI 2nd, disorderly conduct and resisting arrest.
I have recently had a breakdown and realization of the seriousness of my offenses and behavioral outcomes. Although I cannot expunge my charges, nor can I apologize to those I have affected, I am ashamed and disappointed in myself. I still have dreams to become an automotive engineer and will work to pursue my dreams no matter the difficulty level. What I am hoping to receive from the readers of this post is advice on what my next step should be to somehow turn my life around and open a window through my dedication in the future search for a position in a specialty area of engineering, or if there is even a small chance |
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Yellow Belly (Kentucky) on November 23, 2011 at 9:56am
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Four years ago, I was hospitalized for acute alcohol intoxication. It is my only alcohol related incident in my entire life. I haven't quit drinking, but I only drink in moderation and never to the point of intoxication. I'm looking to obtain a TS/SCI clearance. Is this one incident going to cause a clearance denial? |
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GW (DC) on November 9, 2011 at 7:10pm
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I got a DUI when i was 18 which I filed for an expungement. I then left went overseas to Iraq for almost 4yrs and returned home and got 2 DWIs almost back to back. The first one was dismissed after pre-trial intervention. The second I pled guilty to and completed all necessary programs/ classes as well as evaluation for abuse successfully. However I was still denied a NAC-I - failure to supply proof of rehabilitation. I never turned any of my court documents in because it just asked to list infractions. If i sumbit proof along with a personel letter and character statements would this suffice as proof of rehabilitation? |
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Robert H. (Louisiana) on November 7, 2011 at 12:33am
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I was pulled over for dui and refused the breath test but was charged with a DUI. I have one other DUI 5 years ago. I reported the situation the day after it happens to my security officer and filled out a new SF 86, since then our company went under to a Civil Service position and I didn,t get picked up because of the loss of license and the Security Clearence issues. Since then I have been offered a jod with another government contract that requires a clearence.
What are my chances of obtianing my clearance again? I have complied with all the court ordered requirements plus I'm attending Achohol classes on my own. |
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master (colorado springs) on November 1, 2011 at 9:33pm
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Thank you so much for having this site for us to get information from.
I have worked for the DOD for six years now and had a clean record. Earlier in 2011 I enrolled in a substance abuse/mental health program due to my own concerns for my drinking. I completed this program, but had a relapse and got a DUI on Oct 13. I hold a final secret security clearance so I notified our security department the next day after the arrest. They said we all make mistakes and not to do it again. They said my clearance and job were safe. I am hoping to transfer within the DOD from VA to San Diego. Will I have to fill out a new SF-86 form and have a new investigation when transferring? Will they deny me the transfer because of the infractions? I have no work or credit issues - just alcohol abuse counseling and a DUI.
I really would like to move and start my life with my family over, I dont want my personal issues to deny my family this.
Thanks,
John |
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NNSY Engineer (VA) on October 28, 2011 at 4:00pm
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I currently hold a Secrect Clearance and I believe it will expire in January or February of 2017 (ten years). However, I moved a couple of years ago and after 24 years of sobriety I started drinking again. In October of 2010 I was arressted fro DUI and pleaded to Wreckless Driving in January of 2011 I was again arrested for DUI pleaded no contest and the all charges from the first arrest were dismissed. I completed an inpatient care program and and after care program. In June I again fell into a deep depression after finding out my wife had cancer and again got a DUI arresst (this one is still pending) and I am sure I will end up pleading to a DUI 2nd offense.
I have been getting some additional counseling and really want to keep my nose clean. I currently hold a federal job that is a public trust position, if I don't get fired all is well however if I do how long do you think it will be before I could get another Federal Job? As an IT Security Engineer the federal government is about my only chance for a job. Also I was in the Navy for 20 years have held a security clearance most my adult life and while I have strugguled with alcohol (not drugs) I have never been in trouble before nor have I ever compromised national information. I just want to get back to my oldself. |
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richzurb (Martinsburg West Virginia) on October 28, 2011 at 2:06pm
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(February 20, 2011)
William below is my previous question. The aftermath of this situation is that my case was dismissed (nol possed). The state trooper was fired. So what happens now. my Investigation of my clearance was in May. My investigation closed in June and is now in adjudication. Why is it taking so long to finish this process and get an answer back.
Thanks in advance.
(Chris (Montgomery, Al):
Most (if not all) federal agencies require cleared personnel to immediately report any arrest, especially an arrest for DUI. Your security manager will tell you at what stages of the court proceedings you will need to report updated information. In most cases a first-time DUI offense results in a letter from the clearance granting authority issuing warning the individual that any subsequent alcohol-related incident could result in clearance revocation.
(August 5 2010) I’m a government employee coming up on 1 year this month. 2 weeks ago I got arrested and the charge is DUI. This is my first offense. I have a TS clearance. Just received it 9 months ago. When should I notify my security manager, now or after my court trial when I have all the facts and documents or do I have an option and wait until the renewal of my clearance and put the facts on the sf86.Will I lose my TS and job? What's the length of the clearance, 5, 7 of 10 years. |
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Chris (Montgomery, Al) (Montogmery, AL) on October 26, 2011 at 9:25pm
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I have had a secret clearance since Aug. 1996 and received a DUI in Nov. 11, 2000. Received my TS in 2003 and I listed DUI on that SF86. I was upgraded to SCI Jan. 2008. I am still going through a divorce and received my second DUI Oct. 16 2010. My lawyer has continued the case until Jan. 2012, however JPAS has been updated with the incident report. I have read several places that since they are almost 10 years apart I should be ok. I was just wondering if you all could provide any answers and guidance.
Thank you
Ray |
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Ray (Virginia) on October 26, 2011 at 9:17am
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Michael (VA),
You are right to be concerned. Employers do/can withdraw employment offers. This is done for various reasons – the knowledge/experience of the security officer to know whether or not an interim will be granted, the need of the customer to get a body on-site soonest, the haste of recruiters to get a body on-site to get paid their bonus, etc. This is why employers use a “contingency letter of employment”. Based on the background you provided, I doubt you will get an interim. If this is an issue for the employer, you will probably get the employment offer pulled. Good luck. |
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Bill L. (Bowie, MD) on October 25, 2011 at 4:23pm
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VeryWorried(51) (Ohio):
Yes, 10 affidavits from friends and colleagues is overkill. You don’t need or want redundant affidavits from references. Three to five is probably a better number. This will permit one affidavit from someone who knows you 1) at work, 2) socially, 3) in your neighborhood, 4) at group activities (church, little league, Rotary, and 5) one additional from any of the previous categories. These should be people who know about the DUI and your normal consumption of alcohol.
Let us know how it turns out. |
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William Henderson on October 16, 2011 at 4:00pm
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Hi Bill,
Thanks for your reply. After talking with others and seeing your post, I am hopeful of being granted a secret clearance I have recently been offered a job that requires a secret clearance, and I was hoping you may be able to shed some more insight. While I am confident that I will ultimately qualify for my clearance, I would hate to give my 2 weeks to my current employer, only to be told shortly thereafter by my new employer, that their offer is rejected because I have potentially disqualifying conditions.
1 - Can/Do employers often retract a job offer based on potentially disqualifying conditions? Or, are they in anyway obligated to submit my SF86?
2 - Can/Do employers often retract a job offer because a person is initially denied an interim clearance? I know that my background may not initially result in a favorable interim clearance.
Are these legitimate concerns? Can you offer any words of wisdom or advice?
Thanks so much, you have been a significant help already.
-Michael |
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Michael (VA) on October 15, 2011 at 8:48pm
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Michael (VA),
In my opinion, the applicant has a good chance to be granted a Secret clearance. Although his history seems long of alcohol abuse, his completion of a program, abstinence from alcohol use for approx 18 months and favorable lifestyle changes weigh in his favor. Good luck. |
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Bill L. (Bowie, MD) on October 13, 2011 at 10:12am
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Dear Mr. Henderson:
Many thanks for your response and suggestions. It's very helpful.
Per your suggestion, I'll include a sworn affidavit about what happened, express my deep remorse, and state/promise that this was truly an isolated incident.
Additionally, would 10 sworn affidavits from friends and colleagues, plus supporting/endorsing documentation from a medical professional and alcohol specialist make any difference?
Is this overkill? And, if so, would such an extraordinary effort raise red flags?
In short, I would like to do whatever I can to get this job and give the security specialist no reason to say no.
Thanks again and best regards,
VeryWorried(51) |
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VeryWorried(51) (Ohio) on October 11, 2011 at 6:06pm
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Applicant is 26 years old and has a history of alcohol/drug abuse from 2001-2009 ranging from underage drinking citations, detoxification and hospitalization as a result of his drinking. After graduating college in December 2008, applicant received a DUI in January 2009, and In May 2009, applicant successfully completed an alcohol rehabilitation program and has been abstinent since October 2009. Applicant fostered his alcohol rehabilitation by moving into a sober house in February 2010 and has lived in an alcohol free household since. Applicant lives with his girlfriend of 18 months and her daughter, both of whom have never known applicant while an active drinker. Applicant has made further lifestyle changes by attending church regularly, participating in regular 5k competitions and does not associate with old acquaintances who are not supportive of his recovery. Applicant has no intention of using alcohol in the future, has a strong support network of friends, family and church folk who support his recovery, and plans to continue to stay involved with sober recreational activities.
Is participation in a program such as AA required, as well? What are chances of being granted a secret security clearance? |
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Michael (VA) on October 11, 2011 at 2:28pm
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VeryWorried(51):
Actually you are only dealing with one issue—Alcohol Consumption. A single misdemeanor offense is rarely considered a potentially disqualifying condition under Guideline J (Criminal Conduct).
Doing all the things you mentioned may help, but I believe DOS will want a completed investigation showing that you do not have an alcohol problem. DWI is only an indicator of a possible alcohol problem. It’s the possibility of an alcohol problem that needs to be investigated before a clearance can be granted. You should be able to show that no problem exists and an investigation should be able to corroborate this. But without an investigation, corroboration is almost impossible. You can try submitting a sworn affidavit with your SF86 explaining what happened and why it was an isolated event that happened under unusual circumstances that are unlikely to recur. You can also attach affidavits from two or three people who know you well and who can corroborate your normally responsible use of alcohol and your otherwise responsible/reliable/law abiding conduct. There’s no guarantee this will work, but it’s worth a try. The last published data on the fastest 90% of DOS cases showed average end-to-end processing time of 68 days, but that include Secret clearances that took as little as 5 days up to 94 days and your case might not fall within the fastest 90%. |
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William Henderson on October 10, 2011 at 4:49pm
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I’m in my late 30s and am being offered -- and imminently about to negotiate -- a contracting position in the State Department. The plan is to bring me on with an interim secret clearance (in the next month or so), while being processed for a TS or TS/SCI.
Until last week, I had a clean record -- no drug use, no problems with alcohol, no credit or debt issues, no problems in undergrad, grad school or with work, no traffic/speeding violations in 18 years, no arrests, and not a single run-in with the law in my entire life. And I previously worked in and for the IC, holding a TS/SCI with a SSBI/lifestyle polygraph for 8 years; my clearances went out-of date in 2004, when I voluntarily left my government-related consulting position for greener pastures.
My clean record came to an ugly end last week when I was pulled over for speeding (10 mph over the speed limit) and subsequently arrested for DWI (my BAC was .1; the legal limit in my state is .08).
I’ve hired a lawyer to resolve the legal aspects posthaste. It’s possible but unlikely the case will be dismissed; it’s probable the charges will be reduced and I’m told probation of some kind is a real possibility. But having read your many posts, it seems the legal outcome doesn’t matter compared to my personal conduct leading up to the event, which is quite clear: I had a huge lapse of judgement. I met a friend who I hadn’t seen in a year and consumed three and a half drinks and irresponsibly decided to drive home. But in no way does this represent a lifestyle or pattern. It was a one-off incident.
Under these circumstances and given its recency, I have a few questions:
1. Can I be granted an interim secret clearance if I resolve this case immediately and before I submit the SF86? More specifically, if I get probation, is there any regulation or governing policy denying interim security clearances to someone recently put on probation?
2. Beyond submitting a sincere letter of contrition with my SF86, would volunteer work and/or accompanying letters of endorsements from friends and colleagues make any difference with the interim clearance?
3. If the interim clearance is denied, can I still be granted a clearance for this particular position and, most importantly, how long might that take (time is of the essence for this position)?
This is an ugly and deeply embarrassing aberration and it’s certainly not representative of any pattern or aspect of my life. I’m concerned that because this incident falls under the double criteria of criminality and alcohol and because of its recency, it may be a showstopper, not only for an interim clearance in the next month or so but also for any subsequent clearance within the near future. (And this is not to mention what the office wanting to hire me is going to say when I call them this week.)
Any suggestions or advice are most welcome.
Many sincere thanks,
VeryWorried(51) |
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VeryWorried(51) (Ohio) on October 9, 2011 at 6:33pm
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I am looking to gain access to bases Fort Meade (security clearance section), Norfolk Navy Base, Fort Bragg, and US Embassy overseas, and possibly FBI buildings. What is the liklihood of obtaining clearance?
I'm 30 years old now and have recently been promoted at work.
In March 2008, I was arrested with DUI, but reduced to Reckless Driving. I blew a 0.09. I did alcohol classes and community service.
Again, in September 2009, I was arrested for DUI. This time it was reduced to Reckless Driving. I blew a .155. I did community service, alcohol classes, and paid a hefty fine.
In June 2004, I was arrested for resisting arrest.
Do I have any shot at this? I know do voluntary community service work and as I stated, I have been promoted at work so I've changed my life dramatically since Sept 2009.
Thank you! |
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Construction Worker (VA) on September 30, 2011 at 2:32pm
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Julie V (Alaska):
Sorry I can’t help. I don’t know the Alaska criminal code or vehicle code. I assume Alaska has a zero tolerance law for minors. If there are no other problems in your background, you might get a warning letter from the agency that granted your clearance. If you’ve had alcohol-related incidents in the past, your clearance could be suspended until the issue is fully resolved and adjudicated. You should report this matter to your security officer as soon as possible. |
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William Henderson on September 30, 2011 at 1:59pm
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John (FL):
What questionnaire are you referring to? |
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William Henderson on September 30, 2011 at 1:46pm
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One thing that everyone needs to understand about the security clearance process is that you need to READ THE INSTRUCTIONS AND EACH AND EVERY QUESTION CAREFULLY. Don't assume that because something happened more than 7 yrs ago it is not relevant for every question. If the question asks HAVE YOU EVER... that means ever. If the question says In the last 7 yrs, have you... then complete your answer for the last 7 yrs. only on that question. Don't be in a hurry when you complete your forms. Allow yourself some lead time to get employer name, addresses and dates, name and addresses of references, telephone numbers. etc., together BEFORE you complete the forms and then take your time completing them accurately. You don't realize how many times simple omissions and mistakes in answers cause the whole process to become bogged down and can cost you an Interim security clearance and/or a final clearance and, ultimately, a chance at a job you could have performed handily. |
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Anonymous helper on September 29, 2011 at 9:13pm
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I currently work for a job with a security clearance... I got a MIC while operating a vehicle and a speeding ticket. My question is this, considering that I didn't drink alcohol but kvass, a Russian drink, could I contest the MIC charge??? And how will this affect my clearance...? I am 19 and I blew a .081 and a .083 |
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Julie V (Alaska) on September 26, 2011 at 11:21am
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Ok I answered the questionaire and I lied about drinking. I put a zero instead of putting a one or a two. My friend who I put down as a reference told the government that I drank a little. Will that affected my clerance..?? |
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John (FL) on September 21, 2011 at 3:22pm
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Ryan (CA): It will not prevent you from obtaining a security clearance and at worst only cause a slight delay in clearance processing. |
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William Henderson on September 16, 2011 at 10:07pm
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Anonymous (Washington, D.C.): It would be an issue. Whether or not you can mitigate the issue will depend on what professionals who treat this type of problem say about it. |
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William Henderson on September 16, 2011 at 10:02pm
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While in the Navy in 2008 I self-referred myself to the NAVY's SARP program for alcohol abuse. There was no incident or anything that caused me to go, I simply felt like I was drinking a little too much and decided to seek help with slowing down. I successfully completed 3 weeks as an outpatient(did not have to stay overnight) in the program and have had an entirely different relationship with alcohol ever since. I got out of the Navy 2 years ago and my TS clearance expired not long after. It was never revoked or even flagged to the best of my knowledge, but I was wondering if it will cause any problems for me in the future as far as trying to land clearance jobs, join the reserves, etc... as I know I will have to report it when filling out the paperwork. Thank you in advance for any insight or help with this matter. |
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Ryan (CA) on September 15, 2011 at 11:16pm
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Abacu (MD):
DUIs, Public Intoxication, and other alcohol-related arrests are indicators of an alcohol problem. A single misdemeanor offense is not potentially disqualifying under the “Criminal Conduct” criterion; however, if the offense is alcohol-related it will also be considered under the “Alcohol Consumption” criterion. The issue then is whether you have an alcohol problem (alcohol abuse or alcohol dependence). If the DUI was an isolated incident, you have not had any other alcohol-related incidents, your consumption of alcohol has not had a negative affect at work, at school, or on personal relationships, and no one feels that you have an alcohol problem, then you will probably be eligible for a security clearance. |
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William Henderson on September 14, 2011 at 5:41pm
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Hello and thank you for this great forum. I have held a clearance for 10 years, in the military and as a contractor. Last year, I voluntarily went to an alcohol treatment program as I thought I needed it. I was diagnosed with alcohol dependence, underwent the program, and have been sober ever since. My program was dual-diagnosis, which covered other issues (anxiety, OCD, etc.). The reasons my drinking became an issue included those thing. As I deal with these other things in a good way and get through them, I realize how the progression happened. My question is: since I had been official diagnosed as alcohol dependent, does this mean that I can never drink as long as I have a clearance? I already know what you are thinking, so let me caveat this by saying that I do know I did have a problem and I don't know if it ever would be again. I am looking strictly for what the investigation would look like. I have never had any "incidences". Would they just say, okay - you are good to go. Or would it be an issue, if they asked, and I said that I drank occasionally again. Thanks much. |
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Anonymous (Washington, D.C.) on September 14, 2011 at 5:35pm
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Anonymous (Indiana):
The title of Section 20 on the SF85P is “Your Police Record;” however the question asks, “In the last 7 years have you been arrest for, charged with, or convicted of any offense(s)?” You were definitely required to list your arrest for DUI. You can provide an explanation for why you failed to list the information and why it was not an intentional falsification of the SF85P. Whether or not your explanation will be accepted depends on the plausibility of your explanation. |
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William Henderson on September 14, 2011 at 5:32pm
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Chad (VA):
A single recent DUI without any other indicators of an alcohol problem usually does not result in a clearance denial. Getting a job depends on the employer. Getting a clearance depends on the government. |
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William Henderson on September 14, 2011 at 5:21pm
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Lexa (Kingstowne Virginia): Yes, offense records that have been sealed or expunged must be listed on the SF86 |
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William Henderson on September 14, 2011 at 5:16pm
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I've been offer a Job where I am going to be asked to obtain some level of Security clearance. My concern is that three years ago, I've got a PBJ after being charged with DUI. is this charge going to be a reason to deny me a security clearance eligibility whether Secret or TS? |
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Abacu (MD) on September 14, 2011 at 1:47am
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In 2002, I was given a DUI for blowing .0899. I was 21 at the time and in the Army holding a secret security clearance. The city had a pre-trial diversion program that allowed for the dismissal of a single DUI. It was a long time ago, but I do not think I informed the Army of it because it was taken off my record and I didn’t know whether or not I was supposed to if it was dismissed. I was not trying to hide it, just wasn’t, and still not sure, if I was supposed to inform them. Either way, I did admit to it when I applied for officer school in 2002 with my waiver, so it is on record with them. My question is more related to recent events. I have not had any alcohol related events since that one time. My concern is that I currently hold a public trust clearance. I remember filling out the form 4 years ago, and I don’t think I listed the DUI as it was dismissed and not on my record and the question asked about a police record(SF85P). Looking back, I am not %100 sure I wasn’t not supposed to include it. I am applying for a new role that requires a secret clearance and am now filling out the SF86. This DUI was not in the past 7 years, but is going to be listed as they are requesting any alcohol related events even if they are dismissed which is specific in the wording of the question. My question is, was that required to be listed on the SF85P? If it was, and I did not include it, but am now, how will that likely turn out? Can it be explained that I was not intentionally withholding information if that is considered something that was supposed to be on there if it was dismissed? |
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Anonymous (Indiana) on September 10, 2011 at 9:29pm
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Mr Henderson,
I have been charged with a DUI in DC. I have a secret clearance and was offered a contracting position supporting the DEA. The HR lady contacted me and said that the security officer saw that I have a case pending therefore I am ineligibly for the position at the moment.
She also mentioned that I should contact them once the case has been resolved and see if i'm eligible then. Being this is my first offense will this affect my eligibility? I'm very nervous since it is current. I will be back in court early next month, my lawyer is trying to get the charge reduced to a OWI. Do you think if I get the DUI conviction it will prevent me from getting the job? |
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Chad (VA) on September 9, 2011 at 5:41pm
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I had a DUI arrest 5 1/2 years ago and recently got it expunged. I would like to know if expunged or seal arrest relating to a DUI need to be reported as an arrest when the question is asked have you ever been arrested? This is my only arrest ever. |
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Lexa (Kingstowne Virginia) on September 9, 2011 at 10:07am
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hoptoit (va):
Alcohol-related incidents are merely indicators of a possible alcohol problem. The absence of alcohol-related incidents does not mean a person does not have an alcohol problem. If you feel the need for alcohol counseling, do it. It is much better to obtain need counseling, than to delay counseling because of security clearance concerns. Although a diagnosis of alcohol dependence or alcohol abuse is a potentially disqualifying condition; this disqualifying condition can be mitigated “if the individual is a current employee who is participating in a counseling or treatment program, has no history of previous treatment and relapse, and is making satisfactory progress.” If you have an alcohol problem, you will increase your chance of continued eligibility for a security clearance by voluntarily seeking treatment before an incident occurs. I recommend you go to ASAP and advise your security manager of this. |
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William Henderson on September 1, 2011 at 2:12pm
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Help Please (Arlington, VA):
There is no government-wide requirement to allow contractors to appeal an adverse employment suitability determination, so you were fortunate that DHS has some appeal mechanism in place for contractors. Employment suitability determinations are often job-specific, because suitability criteria can be job-specific. There is also no government-wide rule regarding acceptability of previously conducted background investigations for Public Trust (PT) positions in your situation. It is possible that another federal agency considering you for the same PT sensitivity level (i.e. high risk PT or moderate risk PT) could use your previously conducted investigation as the basis for making a new suitability determination for a PT position. That would eliminate a major portion of the processing time for a PT position. If you applied for another contractor position that required a DHS PT determination, DHS would probably use both the prior investigation and favorable PT determination and simply revalidate your eligibility, if too much time has not elapsed. |
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William Henderson on September 1, 2011 at 1:54pm
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I applied and was offered a job in Feb. 2011 with a Govt. contractor (DHS). The position was contingent upon being granted a Public Trust clearance. I completed all the required forms and I was notified in March 2011 that I was "unsuitable for federal employment" because of a DUI 2.5 years ago. I asked if I could appeal the decision and they allowed me to submit further information for reconsideration. A few days ago (August 2011) I recieved a letter in the mail from DHS stating that my case was reviewed and that my previous "unfavorable fitness decision is no longer applicable, and a favorable decision has been reached".
What should I do now? The job I originally applied for is most likely filled. Should I email the HR dept of the contractor? Is is possible to get another job with the contractor? Or would I have to go through whole process again?
Thanks in advance! |
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Help Please (Arlington, VA) on August 31, 2011 at 11:16am
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I am currently in the military and my secret clearance is coming up for renewal and I want to enroll myself into ASAP. I have never had any alchohol incidents. Will a self refferal for this program affect my chance for approval? |
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hoptoit (va) on August 21, 2011 at 1:32pm
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Bottom line as you will find on many of these forums is honesty is the best policy.
My story:
I got a DWI citation in November 2010. (note: I already had a DoD secret clearance). My record prior to my mistake was spotless and as a result, the judge gave me PBJ unsupervised with no other stipulations (AA/treatment/etc). I was offered a federal contracting position in August 2011 that required a TS clearance. I advised the company of my situation. They informed me that my single DWI could potentially be a disqualifying factor, but as an entire body of work, my character should be sufficient to mitigate this. So what did they mean by my character?
1 - No other prior arrests/felonies
2 - Excellent credit high 700s/low 800s
3 - In grad school full-time (maintaining a 3.5+ GPA)
4 - Well liked and respected by my peers, colleagues and in the community as a whole
So I accepted the offer, which was contingent on receiving an Interim TS, I filled out the SF-86 as honestly as I possibly could, with specific details about the DWI. 2 days later (this morning actually) I got an email from the security officer advising that I was approved.
Bottom line, honesty is the best policy. Everyone makes mistakes ... its how you respond that matters. |
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ThePhotoFinish on August 19, 2011 at 6:31am
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Career Bound:
Don’t sweat it. Absent any complicating or aggravating circumstances a single alcohol-related arrest (even a recent one) rarely results in a final clearance denial. I could result in the declination of an interim clearance, but 20% to 30% of all interim clearances are declined, whereas only 1% of final clearances are denied. |
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William Henderson on August 19, 2011 at 1:26am
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James A:
Clearances don’t expire. The background investigation on which a clearance is based can go “out-of-date.” I have no idea what the problem could be. If you told the prospective employer that you already have a clearance, there was no need for them to have you will out a new security clearance form. All they had to do was check the appropriate clearance database to verify your clearance. Something doesn’t sound right. |
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William Henderson on August 19, 2011 at 1:21am
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John (New Yok):
When was this 3-week period that you drank 6 beers a day? How much and how often did you drink before and after this 3-week period. Is your doctor qualified to diagnose alcohol abuse? Why were you discussing your drinking habits with your doctor? Is your doctor an M.D. or a Ph.D? What is his/her clinical specialty? |
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William Henderson on August 19, 2011 at 1:15am
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Bryant (SC):
If you were discharged from the Navy in 2008 and did not transfer to the Navy Reserves, your secret clearance terminated in 2008 and is no longer eligible for reinstatement. You will have to apply for a clearance in the same manner as someone who has never had a clearance. Since your command was aware of your 2 alcohol-related incidents, they should have reported them to DONCAF. If DONCAF did not revoke your clearance, the matter has been favorably adjudicated and is no longer an issue provided you have not had any other alcohol-related problems. |
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William Henderson on August 19, 2011 at 1:08am
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Tyson Becker (Silver Spring Maryland):
The adjudicative criterion for alcohol consumption for a secret clearance is exactly the same as for a TS or a TS/SCI. If the agency that granted your Secret clearance is aware of your alcohol history and has allowed you to retain your Secret clearance, then your alcohol history should not be a disqualifying factor for a Top Secret clearance. People who apply for a TS clearance are held to the same standard as those who apply for a Secret clearance; only the investigations are different. |
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William Henderson on August 19, 2011 at 1:02am
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I applied for a job in special ops. I currently have secret clearance but would need TS. I completed rehab almost three years ago for alcohol dependence. Since then I have been abstinent. I have a very successful job performance track record since then and was a shoe-in for the job until I told them I had a history of alcohol dependence that has been treated three years ago. No further consideration was given to my application. Mention was made of TS/SCI clearance as a problem. But it sounds like I am not automatically disqualified from obtaining this, correct? |
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Tyson Becker (Silver Spring Maryland) on August 14, 2011 at 10:00am
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I was an AT (avionics technician) in the Navy between '03-'08 and had a secret security clearance. I received a DUI in '04 and was arrested for public intoxication in '05. I did not lose my clearance while in and only went to captain's mast for the DUI. I have just been hired on for a UAV overseas contract that requires my clearance to be reinstated. I have not had any problems with the law since '05. Do you foresee any issues with my clearance being reinstated?
Thanks |
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Bryant (SC) on August 7, 2011 at 1:10am
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I told my doctor that I drink 6 beers a day for three weeks, and he diagnosed me with alcohol abuse and its on my medical records. My TS/SCI is stilll pending, I told the invistigator about it and I am not drinking any more, will this will effect my clearance decision? Thanks |
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John (New Yok) on August 4, 2011 at 10:56am
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I recently was offered a position and received an offer letter. Filled out all the background check information and send it back to employer. A couple days ago, employer notified me that my clearance has expired. I am in a position that requires a secret clearance which I have and was checked when I started about a year ago.
Curious as to what may happen with new employer. The FSO has been working with recruiter to resolve this. William, curious to see what will happen. Would I be granted an interim clearance? |
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James A on July 29, 2011 at 10:42pm
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January 1st I was arrested for Drunkeness and Disorderly conduct in a college downtown setting. I have since graduated college with a good gpa and have gotten a great job that requires a security clearance.
This has been my only offence ever and even throughout college I was the person who rarely ever consumed alcohol. The arrest and charges were exsponged.
Although only a single occurrence, I'm concerned about the short time span and my younger age of 23. Do you think I shouldn't have a problem or should I start looking for another job now?
I will add that it is a government contracting job and a secret clearance is needed.
Thank you very much |
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Career Bound on July 28, 2011 at 10:52pm
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I currently have a security clearance that should be up for review soon. The only thing that has changed is my brother, who is 16 years younger has been arrested twice and now has a felony record. He didnt do much time and was released to a rehab program. He wants me to become his Al Anon sponsor and I am not crazy about the idea. I have never had a drinking problem and at most drink only 4 to 5 beers a year. Will becoming a sponsor negatively effect my clearance? |
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Kevin (Killeen) on July 13, 2011 at 8:23am
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Not sure about this question:
"Negative impact on work/school performance, finances, personal or professional relationships".
I have always received good performance reviews from my employers, and have never been approached by then reagarding taking a long weekend to recover from Sunday parties occasionally in the past (it's been over 10 months since the last long weekend), but within the last 7 seven years.
Because of the good reviews I have never thought of it as negative impact on performance, but am rethinking this.
Curoius about this. |
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MissingFacts (NM) on July 9, 2011 at 11:25am
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T. Man (Arlington Virginia):
An NACLC (National Agency Check with Law and Credit) is the investigation conducted on contractor personnel for “non-critical sensitive” positions. Almost all non-critical sensitive positions require a Secret clearance. The most common exception is to this is an ADP-II (IT-2) position, which may or may not require a Secret clearance. At any rate, if you occupy a non-critical sensitive position, you have an obligation to report this incident to your company’s Facility Security Officer immediately. Absent any other evidence of a drinking problem, a single alcohol-related incident rarely results in the revocation (or even suspension) of a security clearance or sensitive position. If you listed the open container citation on the SF86 for your NACLC, it really isn’t of much significance anymore. Getting a lawyer for the purpose of minimizing the charge and/or sentence isn’t going to help regarding your sensitive position, since the adjudicator will be primarily concerned with what you did, not the outcome in court. It’s a little premature to get a lawyer or personnel security consultant to help/advise regarding the sensitive position. If you receive a Written Interrogatory or other Request for Information from government, then it might be prudent to get help in answering the request. |
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William Henderson on July 7, 2011 at 4:57pm
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I have a NACLC (National Agency Credit and Local) Security Clearance and I work for a Defense Contracting company. I one day hope to get my Secret Clearance. Recently over the 4th of July holiday I went out and had too much to drink with my friends at a local bar in my hometown and I got arrested for a public intoxication charge. Stupid mistake. Should I report this immediately to the security officers at my firm or should I report it to the security officers at the Federal Agency where I work (my client)? Am I going to lose my clearance and my job? If I get a lawyer will it make any difference? Any guidance or advice that could help me would be appreciated. Background: I did get a ticket 6 years ago in college for an open container on the sidewalk once. Another dumb move but I told this to my security officer when applying for my low-level clearance. |
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T. Man (Arlington Virginia) on July 5, 2011 at 10:34pm
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Anonymous (NY):
Two years of complete abstinence with the intent not to drink in the future is usually sufficient to fully mitigate an alcohol consumption problem. There’s no secret to explaining your situation. You’ve already acknowledged the problem, accepted responsibility for it, and successfully completed treatment. You need to show that the factors that caused you to drink are no longer present in your life and are unlikely to recur. |
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William Henderson on July 5, 2011 at 5:22pm
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Anonymous (NY):
Generally 2 years of complete abstinence from alcohol use is sufficient to fully mitigate a prior alcohol problem. Just list the alcohol treatment on the SF86 and use the “additional comments” field to explain that it was a completely voluntary self-referral and that you haven’t consumed any alcohol in the past 2 years. If possible provide contact information for someone who can corroborate that you haven’t drank in 2 years. |
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William Henderson on July 3, 2011 at 4:51am
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Jim S. (Washington):
If the malicious mischief offense was in anyway related to your use of alcohol, there appears to be a pattern of alcohol abuse and you will have difficulties obtaining a clearance. If there was no alcohol consumption prior to the malicious mischief offense, then alcohol consumption should not be a significant issue. I can comment on the significance of the malicious mischief offense itself because you didn’t say what happened. |
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William Henderson on July 3, 2011 at 4:46am
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I currently have a Secret clearance although I seperated from the military. I have been sworn back in and hired for a job requiring a TS clearance. In between I self-disclosed to my civilian job union that I was concerned about my alcohol consumption and entered a gov't. monitored program that sent me to treatment. I have since not drank for 2 years and have never been in trouble either legally or at work as this was a self disclosure. Currently I am looking to get a TS clearance and am wondering if this will hurt me or how best to explain. Thanks. |
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Anonymous (NY) on June 30, 2011 at 10:16am
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Evan (SC):
If you were never hired for the job, no you do not have to list it at section 13 of the SF86. If you used marijuana within the past 7 years, you will need to list drug use at section 23. |
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William Henderson on June 28, 2011 at 12:37am
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Mr. Henderson,
I have an underage consumption that is almost 6 years old, a malicious mischief that is 1 year old and I drove my grandmothers car into a guardrail while driving under the influence almost 4 years ago. I am 24 years old and enjoy going out or downtown once or twice a month with my good friends, but it is no longer like the college drinking atmosphere where we would drink to get drunk, rather, it is social drinking with responsibility in mind.
What is your experience/suggestion with an applicant with a situation like mine? |
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Jim S. (Washington) on June 26, 2011 at 11:55am
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I have previously been denied work after failing a pre-employment drug test (marijuana). Since this was pre-employment, is this something I need to report in my SF86?
My assumption was that I should report this but the way the online system is set up as far as entering employer information makes it very difficult to specify the necessary information (supervisor, telephone, dates, etc.) |
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Evan (SC) on June 25, 2011 at 4:05pm
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dpopov (Texas):
As I have said many times before, security clearance adjudicators evaluate your conduct. The legal outcome of your criminal case is not that important. Many people plead out to a less offense or the prosecutor is unable to prove guilt beyond a reasonable doubt for a variety of reasons, and often this has nothing to do with whether the person committed the offense. An adjudicator will look at the facts and decide whether you committed the offense using a different standard of evidence than used in a criminal court. I don’t know about commissioning standards in the military, but a single alcohol-related offense with no complicating or aggravating circumstances rarely results in a security clearance denial. |
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William Henderson on June 23, 2011 at 1:44am
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Scott (Virginia ):
I think you’ll be okay for a security clearance by May 2012, if you don’t have any more alcohol-related incidents. The best way to insure that is not to drink, but I don’t think you have to avoid alcohol completely. Just limit yourself to no more than 1 or 2 servings, once or twice a week. Even 1 serving every evening is okay. One serving is 6 oz. of wine or 12 oz. of beer, not a 40. |
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William Henderson on June 23, 2011 at 1:35am
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I was recently arrested for a public intoxication charge (PI) in College Station, TX. I recently commissioned as a 2nd Lt. in the US Air Force and am scheduled to start pilot training in October. I have 0 prior arrests/tickets/etc. I was out with some buddies and we had a few drinks but not enough to be out of it. I had started feeling sick earlier that day after dinner (and being dehydrated from doing yard work almost all day). Do you think this will affect my commissioning and is it worthwhile to get a lawyer which will run about $2500. |
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dpopov (Texas) on June 21, 2011 at 10:32pm
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Anonymous,
One counseling statement should not adversely affect your clearance. Generally, a counseling statement is not reported to the central adjudication facility unless there is a corresponding police report or Article 15 procedure. |
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Bill L. (Bowie, MD) on June 21, 2011 at 8:19am
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I had a question regarding obtaining a security clearance for the first time. In August 2009 (I was 19 and out of high school but before I began college) I was transported to the hospital for alcohol poisoning. In January 2010 I got a fine from my school for drinking in the dorm room with friends (a violation of school policy). I was considering meeting with a military recruiter this August to discuss if I would meet the criteria for an OCS program after college (graduating in 2012). Will these incidents keep me from getting a security clearance? Do I need to completely abstain from drinking or would I be able to receive clearance as long as my drinking is minimal?
Thanks,
Scott |
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Scott (Virginia ) on June 21, 2011 at 7:37am
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I am currently attempting to get a job with a contracting company over in afghanistan and was curious about my chances of getting a security clearance. I have a drunk in public ticket from december of 2009 and a dui from august 2010. I am currently completing the first offender program and am current with the fines and program fees. The initial survey I took upon entry to the program indicated I did not have a serious issue with drinking, but I took upon myself to almost completely abstain after the incident; I rarely go out and don't drink more than 2 or 3 beers a week at home. My credit score is 575 right now and my only debts are a federal student loan and the fine for the dui, both of which are current and total about $130 a month. I would just like an educated opinion on my chances of receiving a secret clearance and any advice on things I can do to mitigate the alcohol related items beyond what I have already. Any help is appreciated, thank you. |
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CitationMech (San Luis Obispo) on June 17, 2011 at 8:09pm
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I am applying for a position with the department of state. I was arrested for public intoxication in May of 2004, and was arrested for DWI in August in 2007 while in college. For the DWI a counselor determined that I did not require alcohol treatment of counseling, but based on a questionnaire I filled out my probation officer determined I should go to AA, and did so for one year. My question is should I put down that I was recommended treatment or counseling and that I went to AA, and also will having two alcohol related incidents keep me from acquiring a security clearance.
Thank you,
Bill |
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Bill (Dallas) on June 15, 2011 at 9:33pm
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While I was on military orders, I received a consoling statement for reporting being drunk on duty, blowing a .046 and a 0.039 respectively. I have a security clearance which I intend to use for obtaining a government job. I've looked over the Uniform Code of Military justice, which lists .10 as the point of drunkenness for military vehicle operation, the section for overall drunkenness is a little more vague, but during the incident I was not exhibiting any signs of intoxication other than odor (no slurred speech, bloodshot eyes, lack of coordination, didn't feel drunk, nor was it noticed by anyone other than one NCO, who brought it to commands attention).
I had one minor (w/o law enforcement involvement) incident recorded on my SF86 prior to gaining my clearance; and while I am waiting on my command's decision for administrative action, but I am also concerned about the impact this will have on my current clearance, or if I reapply if I end up losing my current one. |
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Anonymous on June 15, 2011 at 6:38pm
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Hey, looking for an opinion on my chances of getting a clearance. I'm army and my MOS doesn't require a secret level security clearance but my current duty assignment does require that I have one so they are initiating my investigation. I want to know what my chances are of obtaining one.
1) In 2003 and 2004 I recieved summary offenses for underage drinking and disorderly conduct (with the underage drinking) during my freshman and sophomore years of college. I paid the fines and that was it. Since then, I have been in no trouble of any kind and since enlisting, I've had no UJMC actions against me.
2) My credit score right now is 606. I was weighed down by student load debt and a credit card -both of which I was frequently behind on. When I finally recieved my sign-on bonus a while back, I used it all to pay off all my credit card debt, any outstanding bills, and get current on my student loans. Since then, I have been completely on-time and current with payments. I believe my credit score went from like 520something to 606 in a couple of months and I'm doing everything I can to get it up more.
what do you think my realistic chances are of obtaining a secret level security clearance.
thanks |
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stantheman (Travis AFB) on June 8, 2011 at 10:07am
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Dedicated (Somewhere in the East):
A single DUI without any complicating or aggravating circumstances rarely, if ever, results in a clearance denial/revocation. Because you did not have a clearance at the time of the DUI, you had no duty to report to any government security official. If you were not asked to provide a new SF86 or an SF86C when you were hired by the defense contractor, you had no obligation to volunteer information about your DUI at that time. When you are required to submit a new SF86 for your periodic reinvestigation, just list the DUI and use the “Additional Comments” field to explain what happened. You should be fine. |
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William Henderson on June 7, 2011 at 7:15pm
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Sir, I was arrested for 1st time misdemeaner DUI in Illinois in Feb. 2009. I had already got out of the service and because a close friend died in combat his fiance called us together. I was never even supposed to go, because I was sick and on cold medication. Short story I got a DUI coming back home .11 . I was never arrested in my life! This has been on my mind and I can't sleep, because I have a secret clearance set to be renewed in 2012 OCT. I was the lowest risk in court and later mid case I was hired to go to Iraq to work and the judge just signed me off. I completed everything the court asked and paid everything. There is NOWAY in hell I would even come close to that again. I was not in any gov. pos. at the time of incident. Will this affect me to renew? I have been working in Iraq as a contractor for year and half now. Prior to this I was a soldier out here in 04-05. Other than this my record is spotless. I'm scared :( this is my life... Any recommendation is greatly appreciated |
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Dedicated (Somewhere in the East) on June 4, 2011 at 1:49am
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Bertha (Detroit):
Does your RN program require access to classified national security information? |
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William Henderson on April 30, 2011 at 10:05am
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I have a public intoxication charge in another state, Ohio,I am applying to the RN program. Will this keep me from becoming a nurse? It was a misdemeanor. |
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Bertha (Detroit) on April 29, 2011 at 12:20pm
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John (California): No, it's not a problem. |
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William Henderson on April 15, 2011 at 3:42pm
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Chuck (Mi):
Probably not, provided you do not have an alcohol consumption problem. If this incident happen while holding a security clearance and you have a clearance now, it should be reported to your security officer. |
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William Henderson on April 15, 2011 at 3:40pm
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Having no alcohol-related problems of any kind, is the consumption of 2 - 3 beers per night a problem in Top Secret clearance? |
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John (California) on April 11, 2011 at 7:28pm
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I currently have a secret clearance. I got myself a public intox in Michigan for taking a piss two years ago. Will this effect my clearance in the future? |
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Chuck (Mi) on April 9, 2011 at 6:51pm
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William - Thank you so much for the information provided to myself, and the service on this site in general...it is greatly appreciated. |
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Concerned on March 31, 2011 at 8:46am
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Concerned:
Clearances don’t expire. The underlying investigation can go out of date. You should submit a new SF86 for a periodic reinvestigation about 4 months prior to the 5 year anniversary of the completion date of your last investigation. I recommend you do it immediately. Things might get a little chaotic in a few months because of BRAC. Deployment will complicate matters. Make sure you indicate on the SF86 exactly where you can be contacted up until the date you are scheduled to leave. Type in the comment section in capital letters that you are scheduled to deploy overseas and the date of the deployment. Ask your security manager if OPM has a special case code they use for what DSS used to call “Catch ‘em in CONUS.” Interim TS clearances are only an option for people who don’t already have a TS clearance.
A DUI is something you have to report to your security manager immediately. And your security manager will have to submit an incident report to your Central Adjudication Facility (CAF). Your CAF might require you to submit a new SF86 soon after they review the incident report via JPAS. Be sure to list the name, address, and telephone number of your attorney and indicate that your attorney will provided all information requested by a government security official. Give your attorney written instructions effective on the date of your deployment to disclose all information regarding you to anyone representing themselves as a government security official and who requests information by telephone, fax, mail, or in person. |
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William Henderson on March 31, 2011 at 1:16am
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This past weekend, I was pulled over for a DUI. The timing couldn't have possibly been worse. I am set to begin a year long deployment this summer, and my previous TS clearance will expire in May. One of the primary mitigating factors is time that has passed since an incident, but even if I could get into court immediately (my lawyers are trying to push it back), I'll have almost no time since the incident to prove that I am following the requirements set by the court.
With no other concerns (I have no debt, a good credit rating, no previous criminal history) will I still be able to get an interim TS? |
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Concerned on March 29, 2011 at 11:41am
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Nervous,
First of all, you should be avoiding alcohol because you are on academic probation, not because your athletic team is dry. Although your BAC was not “extremely high”, it was almost double the Federal limit if you had been caught driving. You can not do a pre-emptive alcohol evaluation. If your case comes to that, the adjudication facility will request one through your Security Manager and provide information and regulatory guidance to the physician on what he/she needs to address in the evaluation. Good luck. |
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Bill L. (Bowie, MD) on March 29, 2011 at 10:06am
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Hi! It's me again. Thank you for your response...I have a couple additional questions. My athletic team is dry right now, meaning no alcohol is allowed and I currently (and will for the next three months) drink no alcohol...would this play a mitigating role when determining if I have an alcohol problem? In addition, my BAC was not extremely high when I was breathalyzed (.147)- I was more upset that I was not allowed to leave the medical center when I was not being disruptive before (I was brought to the center by two teammates who do not drink). Finally, is there any way that you know of that I can undergo a pre-emptive alcohol evaluation to speed up the process? Or at least get information as to the progress of my case? I am confident that I will pass an alcohol evaluation, but I am just worried about the time constraint. Thank you. |
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nervous on March 22, 2011 at 11:45am
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HelpPLZ,
There are several issues here that don’t sound right. First, “normally” cases on military personnel in training that requires a clearance for graduation are expedited by the adjudication facility, in your case the AFCAF. (When I was with the Army, the Army training centers sent weekly reports of the “security holdovers” to Army CCF and the Pentagon, so CCF got tweaked from 2 sides to get trainee cases completed.) If you have been waiting for a year, the security office should have been in frequent contact with the AFCAF to get your case done. If the new incident is reported to the AFCAF, it will certainly slow down the process further. I would be surprised if the AFCAF does not re-open the investigation to check police/court records or send you a request to provide documentation from your attorney of the status of your case. I suggest you pursue questions to your security office. Good luck. |
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Bill L. (Bowie, MD) on March 22, 2011 at 10:09am
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Nervous,
You have a right to be. Nervous, that is. I agree that the recency of the incident is a concern. I suspect the full details of the incident will play a part – how mush alcohol involvement there was, BAT results, any surrounding circumstances, etc. At worst case, I see the possibility of you being asked to undergo a medical evaluation for possible alcohol-related issues. Depending on the adjudication facility involved and the urgency that the requesting security office pushes will determine if the action is completed by June. However, seldom does one minor incident result in a clearance denial. Good luck. |
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Bill L. (Bowie, MD) on March 22, 2011 at 9:55am
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Hello need help I joined the AirForce recently after being out for awhile of the military since 2001.Back in 2001 I got a DUI and had to pay a fine and all that just a retarded mistake that I regret to this day was going to get condoms and not thinking about the right thing. It has been a year since I applied for a secret clearance and I have not heard anything about it since I talked to the guy about it in my interview.I have also been in the AirForce a year
Well just last week I got pulled over for speeding which I was doing.But my wife was with me and had been drinking and was pretty close to drunk. The cop saw her unopened beer in the car and smelled it on her so he pulled me out to do a drunk test.
Now I had not been drinking and driving but had had a drink with my mother about five hours before that.So I did the test cop asked and he asked me to do the walk thing and I told him my legs could not do it I had been running and going to a the gym like a mad man for the last 3 weeks and ran 3 miles that day and was done for.
So I asked the cop if there is something else that they offered I even did push ups when he asked me to.So then he just arrested me for not doing the test. He never told me that. If I would have known I would have done everything he asked me to.
I did blow in something when he 1st stopped me and did not blow at the police station because I take a crap lot of supplements and know one of them contains a grain alcohol which with the other stuff I take I was afraid it would give a false reading.I know another retarded thing to think but that was the type of crap going through my head at the time.
The thing is I just got to school and am stuck here for three months and do not know what to do . I am so afraid of losing all I have worked for it is killing me. I only have one other arrest on record for carrying a concealed pistol in 2002 but it was dismissed after I took my permit to court -swapped wallets the day before and forgot to put it in the new one.
I talked to my lawyer and he said he talked to the cop and he said he was not going to arrest me but had to because I did not do that part of the test. So I have to wait until I get back before I can take care of this my lawyer says he can get it dismissed with no problem.
So what are my chances of losing my secret clearance or getting kicked out for that matter? |
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HelpPLZ (Alabama) on March 21, 2011 at 6:10pm
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I was placed on a year of disciplinary probation at my university last month for an alcohol-related incident in which I was uncooperative with medical staff and public safety (crying, yelling, trying to leave the medical center, etc). However, I was not arrested or charged- public safety assisted to transport me to a hospital, since I was being uncooperative.
I have had no other incidents with law enforcement or any disciplinary sanctions, and I have had no alcohol problems/dependency/abuse/incidents in the past. My question is will this prevent me from getting a secret security clearance by the end of June (approximately- I submitted the SF-86 in February and disclosed the incident, since Public Safety technically intervened)? I am in university, get good grades, am on a sports team, wrote letters of apology to medical center staff/my team, and am in the process of applying to the university's student organization to promote safe drinking habits. I also have begun voluntary counseling for stress management to avoid another outburst- however, this is neither anger management nor alcohol-related. My concern is the recency of the incident, and the fact that I need clearance by the end of June at the latest. Thank you.
I would like to add that I was brought to the medical center, which is where my uncooperativeness began. I was not publicly intoxicated or causing problems outside of the center- public safety was called after I kept trying to leave the center. Thank you. |
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nervous on March 20, 2011 at 1:15am
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Anonymous (WA),
First, you should inform your current FSO of the incident. Your company’s initial and annual security briefings should include a portion regarding such reporting requirements. Unless the incident affects your job duties, the FSO should not pass this info to other staff members. Normally, such an incident should not result in your clearance being suspended, only flagged in JPAS as something pending. If your eligibility is suspended, it could affect your employment process and clearance transfer to a new company. Once all of the information is provided to the adjudication facility (court results, etc), a new determination will be documented in JPAS. Good luck. |
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Bill L. (Bowie, MD) on March 8, 2011 at 8:44am
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Wildcat,
A single minor incident should not adversely affect a clearance eligibility decision. Good luck. |
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Bill L. (Bowie, MD) on March 8, 2011 at 8:35am
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I was arrested a year and a half ago for public intoxication. The charges were dismissed. I had a TS clearance in the past and this was the only offense I have ever had. Will I be able to pass any kind of security clearance at this point? |
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Wildcat (KY) on February 22, 2011 at 5:35pm
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Questionman (VA):
Normally if an interim clearance is granted and no previously undisclosed derogatory information surfaces during the investigation, a final clearance is granted.
An interim clearance is a clearance granted on a temporary basis pending completion and adjudication of the required background investigation. |
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William Henderson on February 22, 2011 at 4:40pm
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Hello Sir,
While on travel, I was arrested and charged with a misdemeanor DUI 1st offense – fortunately, I just hit a mailbox (minor property damage, no injuries). Other than this offense, my criminal, driving, and alcohol record is clean (it is a stand-alone incident and I am going to see a substance abuse counselor for assessment). I received the DUI in a state where there are no diversion/deferment programs etc., so this will go onto my permanent record, if convicted. The complicating factor is that I was about to leave my current job and was in the final stages of interviewing for several new positions (most require a clearance). I have (and currently) held an active Secret DoD clearance for 8 years. I have several questions:
Since I am planning to leave my job, do I need to tell my FSO, or can I inform the DSS directly? If the other company extends me an offer in the next day or two, should I tell my current FSO or my new FSO about the incident? I have informed the other company of the incident in the security clearance pre-screening form.
Would an incident like this cause my clearance to be suspended while they investigate, or will it just be flagged?
If I tell my current FSO, and my clearance it is flagged/suspended with an incident, does this affect the ability to transfer my clearance to the new company?
If I quit my current company while my clearance is flagged/suspended for an incident, will it continue to be investigated and resolved, or will my clearance always be in a flagged/suspended state?
Are conversations with the FSO kept confidential between the FSO and the employee, or can they be revealed to other company staff?
Thank you for your assistance, |
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Anonymous (WA) on February 22, 2011 at 1:00pm
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Hi,
I'm applying for and air traffic control position which requires security clearance. In 2005 I got a disorderly conduct which was dropped nolle pros, 2006 dui with leaving the scene, no insurance which I showed proof of, only the dui was a conviction, in 2007 my ex girlfriend and i were going through a breakup , I went to her to job with a friend of mine to eat. While there we had some wings and a pitcher, she went home and after we finished eating he took me to her place , her and I began arguing, I called her the B word, she slapped me and I pushed her out the way and got in my friends car and left. The next day she went with her new bf to the police and filed a report saying I pushed her in the neck and that I was drinking. She filed for a restraining order and later dropped it in court.
In 2010 I was with a friend at mangos in south beach a place where you can just walk in and hang out to see women dance, which is what we were just doing. When I turn around I see the waitress slap him silly and there again I push her away and we both get arrested for battery. The cop checked the little box that says alcohol involved but we had nothing to drink. Charge got dropped. nolle pros. I feel like the first two incidents I really deserve because at that time I was in my party stage but the last two are unfortunate and I wish I can erase. With all this what are my chances ? What should i do? |
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sleepless (FL) on February 22, 2011 at 12:57pm
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William below is my previous question. The aftermath of this situation is that my case was dismissed (nol possed). The state trooper was fired. So what happens now. I renew my clearance in May. Thanks in advance.
Chris (Montgomery, Al):
Most (if not all) federal agencies require cleared personnel to immediately report any arrest, especially an arrest for DUI. Your security manager will tell you at what stages of the court proceedings you will need to report updated information. In most cases a first-time DUI offense results in a letter from the clearance granting authority issuing warning the individual that any subsequent alcohol-related incident could result in clearance revocation. |
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Chris (Montgomery Alabama) on February 20, 2011 at 12:52pm
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From February 13 comment on USAF civilian job denial. Mr. Henderson thank you for your insight. I had given up on applying for any "regular" competitive jobs in the federal civilian sector. After your response on Feb. 13, I went ahead and re-verified the type of job posting, I had applied. It was considered an "Non-Competitive External Announcement." It definitely explains the aforementioned reasons, for the withdrawal of the job offer. |
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Anonymous (TX) on February 19, 2011 at 8:37pm
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catlyn (tennessee):
You need to be more specific about the clearance and your consumption of alcohol. |
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William Henderson on February 19, 2011 at 1:41am
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Questionman (VA):
See my article on “Understanding Federal Personnel Security Programs” posted on this website. Read the paragraphs on Employment Suitability and Employment Fitness. Most people who receive an interim clearance of any kind usually receive a final clearance, unless some previously undisclosed derogatory information surfaces during the investigation. Although it doesn't apply directly to your situation see the article on Employment Suitability Versus Security Clearance for a general idea of how the process works. |
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William Henderson on February 19, 2011 at 1:38am
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Bill,
Thank you for your reply. In response to your comment, I believe its a public trust clearance. It is a contract supporting the IT for the agency. I just received information today from the adjudicator via phonecall that he approved my interim security clearance a few days ago and he had already contacted the contractors designated person to let them know... so I can begin work. I am assuming the worst is over regarding my history, since I was granted an interim clearance to begin work duties at the agency....correct? I understand not only from your comments on here but also from the adjudicator that this is not a clearance and I will now start the process of the interviewer and the reference checks etc. to eventually get the clearance...correct? And assuming I keep my slate clean that I shouldnt have a problem getting the final approval...
Thanks again! |
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Questionman (VA) on February 17, 2011 at 9:30pm
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I had a DUI charge in VA 2004.
I refused a breath test in 12/10 in South Carolina, I normally don't drink at a bar, but after a football game, did. The charge is pending, will this prevent me from getting low level clearance for a contractor? |
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catlyn (tennessee) on February 16, 2011 at 11:47pm
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Anonymous (VA):
You will be asked about your alcohol history—dates, amount, and frequency of alcohol consumption over the past several years. You will be asked about the alcohol treatment and whether you have complied with the recommendations of the substance abuse counselor. You will be asked to sign a special release for your treatment records. There is no particular way of “addressing” this with the investigator. You just answer the questions truthfully.
If you want to make the process go faster make sure the treatment facility will accept a form OFI-16A. Otherwise get whatever form they use for releasing their records and take it with you to the interview. |
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William Henderson on February 13, 2011 at 12:23am
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questionman (VA):
Can’t answer your question without knowing what type of clearance is involved: security clearance, public trust, federal employment suitability, or HSPD-12 credentialing. Doesn’t sound like a security clearance because of the communication you described with the adjudicator before the investigation was completed.
Being convicted of Reckless Driving rather than DUI is less important than how much you drank before you were stopped for suspected DUI and how much and how often you generally drink alcohol. |
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William Henderson on February 13, 2011 at 12:09am
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Anonymous (TX):
Being rejected by the USAF for the civilian position had nothing to do with a security clearance. You were rejected based on federal employment suitability/fitness criteria. If you were not offered an opportunity to rebut or appeal the decision, it was because the position was not a “competitive service” position. Such decisions can sometime be rather arbitary or capricious. If the only unfavorable information in your background is 2 public toxication offenses from 2002 and 2004, I don’t think you will be denied a security clearance, however, for a federal job you have to get past the employment suitability/finess determination first. See my article on “Employment Suitability Versus Security Clearance” post at this website. |
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William Henderson on February 13, 2011 at 12:01am
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Last year, I got denied a dire-hire opportunity with the Air Force as an IT Specialist, GS-9. I have 2 prior PI's: Summer 2002 and Fall 2004. During the application and throughout the whole process, I provided my information on all required documentation, including the OF-306 form. I was offered a tentative offer and then a few days later, after I resubmitted a newly completed OF-306, my offer was withdrawn.
How long will these events continue to affect my chances of applying for DoD jobs that required a security clearance ? |
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Anonymous (TX) on February 10, 2011 at 5:30pm
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Had a DUI in MD 05/2001 and completed all mandatory court requirements and fees. In 04/10 in VA had been pulled over for DWI and refused breathalyzer. In court, the citations were reduced to Reckless Driving and the Refusal of Breathalyzer citation was dropped. I received a letter from the adjudicator requesting court docs and police reports from both. I submitted all info I could get, along with my explanations. After a phone conversation with the adjudicator, he referenced a possible red flag with the "recency" of the dwi/reckless driving incident last year. Any input on this that I will be a denial for interim approval etc...currently unemployed.
The Police report states I was pulled over for suspicion of dui and he smelled alcohol. Pretty much the court convicted me of a misdmeanor of Reckless Driving and had me do some jail time (5 days of a 90 day sentence) along with some state required courses....which I completed. any input??? Thanks!! |
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questionman (VA) on February 9, 2011 at 11:13pm
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Bill,
I am applying for a public trust position. I have absolutely no drug or alcohol-related legal, personal, or financial issues, but I did voluntarily check myself into rehab in Jan 2010 when I felt my drinking had quickly gotten out of control and was diagnosed as alcohol dependent. I completed the rehab successfully but since then have drank socially with my wife. I have changed my drinking habits considerably. I don't believe my drinking is an issue any longer. How do I address this with my interviewer? Thanks. |
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Anonymous (VA) on February 9, 2011 at 1:51pm
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Anonymous (New Orleans, LA):
It’s a federal crime to provide false information in a security clearance application form (SF86), so you really don’t have a choice. A 6 year old Public Intoxication offense is not going to result in a clearance denial, unless there have been subsequent alcohol problems. I don’t understand your question about not having mentioned the incident before. You implied that you lost your CG clearance because of it. BTW a security clearance can not be “automatically revoked. |
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William Henderson on February 8, 2011 at 1:52pm
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I had a security clearance in the past when I first joined the coast guard in 2004 and automatically lost it after getting an alcohol incident while in the coast guard (2006). I have to apply for an overseas job and need a security clearance for it.
I was arrested for public intoxication in Virginia 2005 for trying to give my friend who was getting arrested a piece of paper with my phone number so he could call me and i could go and pick him up whenever he got released, I wasn't even drunk but I just paid the ticket and left back to my station in California at the time because I was afraid of my command to find out. When I apply now, could I get in trouble or could my security clearance be affected/denied because I did not mention the PI incident before in my career? Will they find out??? Should I mention it in the questionnaire or should I let them find out? Thanks for the help and advice in advance. |
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Anonymous (New Orleans, LA) on February 3, 2011 at 5:14pm
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Marty:
You didn’t say what the disposition of your DWI charge was. Nevertheless, a single DWI rarely results in a security clearance denial unless there is evidence of a current alcohol problem or some other aggravating factor. Evidence that you did not commit battery on your girlfriend will completely mitigate the criminal conduct aspect of your second arrest; however, because you were drunk at the time of your second arrest, it somewhat complicates the alcohol issue for you. Based only the information you presentsed,I think you have a fair to good chance of being found suitable for federal employment and receiving a security clearance, but an interim clearance will be more difficult. |
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William Henderson on February 1, 2011 at 7:37pm
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William (Washington, DC):
You need the advice of a qualified substance abuse counselor. The counselor will ultimately be the judge of whether you need to obstain completely or significantly reduce your consumption. If your treatment is successful, the counselor will tell you when you have reached a point where he/she can give you a favorable prognosis. I recommend that you do not apply for a clearance until you have successfully completed the treatment program (and any after-care program) your substance abuse counselor recommends, and your counselor is ready to give you a favorable prognosis. |
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William Henderson on January 27, 2011 at 8:36pm
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Hi, I was wondering if anyone here could shed some light on my situation? I ETS from the Army in 3 months, and have been applying to federal jobs, and have received quite a few referrals for selection, scoring between 95-100+ 5 pt vet pref.
Here's my issue though:
I had a really bad 2 months in late 2009, the first incident I was arrested for and charged with a dwi, while not driving the car, I was a passenger, the person driving jumped in the backseat, so they don't know who was driving, they assumed it was me and tested me, I blew a .08 at the police station.
The 2nd arrest sheriffs responded to my house alarm going off, I couldn't find my phone to call the alarm company, so I was expecting their arrival. Me and the gf were drunk and arguing in the garage because she wanted to take off driving while she was wasted, she was mad because I would not let her. So while she's sitting in the car and I'm in the garage arguing with her, I see lights under the door in the garage and assumed it was the sheriffs, so not thinking anything I opened the door to let them know the alarm was a mistake, everything was ok. They heard us arguing through the garage door, so they immediately tell me go stand by their car... which I do, they go in and talk to her, and come back out and arrest me for assault on a female! They claimed I gave her 2 black eyes because she had been crying and her mascara had run down, so in the dimly lit garage they said it was assault. Case was later dismissed as it was complete and utter bs to begin with, she was at the police station not 2 hours after I went to jail and was checked out by the head magistrate and duty officer, both agreed that it was garbage, and she had NO marks on her at all but the damage had already been done, as I had already been arrested and booked. The magistrate talked to the prosecutor, and explained the situation.
So that's my problem... my dui is still pending, (haven't been to court for it yet)
and the assault was dismissed (no conviction)
Will those automatically disqualify me from getting a clearance/passing a suitability investigation?
I'm 35 years old, never used drugs, never even been arrested before those 2 incidents, and nothing since.
Is there any hope for me? I could really use some advice/input. Thanks in advance |
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marty (NC) on January 24, 2011 at 5:32pm
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I'm looking to apply for a job that requires a top secret clearance. In college I was a heavy drinker, and experienced multiple blackouts, and frequently had some sort of memory loss. I didn't have any legal problems, however, as a result. I had a couple of warnings form police for almost urinating in public, for being with one of my friends as he tried to start a fight, and unknowingly shouting at a cop. There was also one incident where a paramedic came to check on me at a tailgate but decided that I didn't need to be taken to the hospital. Do I need to list these events as intervention from police/public safety personnel?
I continued to drink after college, but not to the extent of having a full black out, even though I have had several incidents of partial blackouts (I remember what I did, but not details). The one time I did have a major blackout, I was picked up by an ambulance, and the diagnosis was acute alcohol intoxication. That was in October 2010. I almost started the investigation process after this incident. Before the employer submitted my SF-86, they saw the hospital visit and told me that they didn't want to process it because I would likely get a denial. They told me to wait six months to a year before reapplying. My classmate who works at the company explained to to me that my case was not severe, but was too recent and that I should be fine after waiting for six months to a year.
At the hospital, the attending physician wrote that I was an alcoholic on my diagnosis. I didn't remember any part of my hospital experience. The week after my hospital visit I voluntarily went to alcohol counseling where the counselor didn't classify me as an alcoholic, but said that my drinking is problematic. She also said that my case was much more mild than other people who were seeking TS clearances that she has had to counsel. I went to two sessions with her, and stopped drinking for 40 days.
Since my period of sobriety, I started to drink again. I didn't have any problems with memory loss or behavior until the last two weekends. I've had three nights with partial blackouts in the past two weeks even though I usually only have drinks on the weekend, and on rare occasions, Thursday nights . I'm planning on going to counseling again and becoming more involved in my church's community service activities.
Assuming that I keep my drinking under control and consume alcohol in moderation from here on out, would you recommend trying to apply for this job again in May (that would be 6 months without an incident) or wait until November for an entire year incident free? |
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William (Washington, DC) on January 24, 2011 at 7:45am
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anon midwest (Midwest):
AA doesn’t fit the exact definition of counseling or treatment but it is an effective form of therapy. I recommend you disclose your attendance at AA meeting in one of the comment sections of the SF86 (either at question #24 or at the end of the form). Include the dates of attendance and location only. Describe your success with the program. If there is someone willing to corroborate your attendance and continuing sobriety, identify and provide contact information for that person. |
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William Henderson on January 18, 2011 at 6:37pm
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Hi-
9.5 years ago I attended AA and have not had a drink or drug since. I remain active in the program and am a sober alcoholic.
I was not referred to AA, I went voluntary. I never lost a job because of my drinking, nor was I disciplined, nor did I have financial problems. I was just sick of drinking every night, and all the other things that went along with nightly drinking- depression, isolation, unsatisfying relationships.
So, I wonder about the SF86 question about alcohol treatment. I will be up for a TS/SCI with poly. They will go back 10 years. Should I put down a comment about voluntarily attending AA and not drinking? Or, does AA not count as treatment, and I should leave it all blank. I hear from some, cleared, people: "do not volunteer information." I hear from others that candor is the best way to go. Any suggestions? |
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anon midwest (Midwest) on January 16, 2011 at 7:35pm
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Anonymous (DC),
First of all, I sincerely wish you the best of luck in your continuing sobriety. I urge you to stick with that effort, regardless of your clearance situation. In my opinion, you are on your way to satisfying several of the mitigating conditions of your alcohol abuse. First, I assume your arrests are somewhat in the past. Next, you have acknowledged your issue and are taking active steps to address it. Finally, if you successfully complete your aftercare treatment and are sober for 2 years, I think you have a fair to good chance of being granted a Secret clearance. You need to stick to your plan, accomplish your goals and your dedication to sobriety will help the adjudicators consider the whole person concept when they look at your case. Good luck. |
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Bill L. (Bowie, MD) on January 6, 2011 at 8:29am
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Hello. I was employed with the Fed gov't for 13 years, in very good standing and received continued promotions, and then resigned after alcohol problems and multiple voluntary stays at alcohol treatment centers. I admitted my problem to my employer (needed to in order to explain the requested time off from work to get treatment), and also got a dui and public intox ticket, which I also disclosed. When my reinvestigation came up after another relapse to which I admitted and felt I needed additional treatment for, I resigned because I was afraid I would lose my clearance and get fired (better to resign still in completely good standing, rather than get fired, I thought.)
After resigning and going to Betty Ford, I've now been sober for almost 6 months; I'm very excited about this! I'm going back to school to perhaps try another career path, but may well be interested in returning the Fed Gov't. I've read the adjudicatory guidelines and some cases and understand I'll have to wait at least 2 years, probably more like 5 years in my case (I'm guessing).
My question is whether I need to comply with all my treatment recommendations for a full year to qualify for a fed gov't clearance 2-5 years from now, or if I would qualify under the "enough time has passed" criteria. (Note all my treatment--and following any required aftercare recommendations--has been and continues to be completely voluntary. No legal or other reason has required it, just my own desire to get better.) My treatment recommendations include a number of things, but 2 items are rather expensive and since I'm not employed, spending money on school because I may need a career other than public policy, and have no insurance, I'm wondering if I would be "required" to have done these things. The 2 expensive items are: 3 random UA tests per month (etg tests for min. $75/piece), and an addictions psychiatrist (about $200 visit). I continue to go to weekly aftercare at an outpatient facility (1.5 hrs/week), go to AA mtgs almost every day (which I have for about year), have a sponsor, just picked a home group, am working the steps, have sober friends, etc. etc.
I plan to continue to stay sober and do AA activities and weekly aftercare for 1 yr (which is affordable), but do I need to keep up w/expensive etg/UA tests and addictions psychiatrist? If I wait 2-5 years to try to go back to the Fed gov't, will it matter if I drop these UA tests and the psychiatrist? Or maybe I'm being too optimistic altogether; maybe I won't ever qualify for another Fed gov't clearance based on my past which includes multiple relapses and 2 arrests?
Thank you so much for any help. I am so dedicated to staying sober, but I hope people understand that having money to live on is also a consideration. |
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Anonymous (Washington DC) on January 3, 2011 at 8:44am
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Worried (VA):
I believe your chance of receiving a favorable adjudication for a non-critical sensitive position is good. BTW the adjudicative standard for a non-critical sensitive position is the same as for a critical sensitive position. I also believe your chance of receiving a favorable federal employment suitability determination is good. Most of the mitigating conditions for “Alcohol Consumption” appear to apply to your situation. I assume you have complied with whatever the VA told you about your alcohol consumption. Most non-critical sensitive positions require a secret clearance. You might not receive an interim secret clearance, but being declined an interim will not affect the granting of a final clearance. You will have to fill out an SF86 at some point and your investigation will probably include a Special Interview (SPIN) regarding your alcohol-related arrests, your alcohol history, and your alcohol counseling/treatment. |
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William Henderson on December 20, 2010 at 9:07pm
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Hello, I was wondering the chances of getting a non-critical sensitive clearance with past alcohol offenses. In 2006 I was received a Physical Control of A motor Vehicle dropped down from a DUI, in 2004 I received a DUI while in the Marine Corps.
Since, I have a clean record. I completed alchohol classes and received my MBA. I was also diagnosed with PTSD from my Marine Corps career and had a hard time adapting, hence the 2 offenses. I was also diagnosed alcohol abuser by VA doc. I have drastically cut down my drinking and just want this job and not be stressed about my past. What are my chances of being denied for a contracting specialist job, GS-7? I just completed a OF306 and the start date is Feb 20. |
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Worried (VA) on December 17, 2010 at 6:59pm
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I've had a TS security clearance for the past 20+ years while I've been working for my current employer. I will be laid off because of downsizing in a week. I have an interview scheduled with a new employer, the position there requires a clearance.
I am currently receiving treatment from my family physician for alcohol addiction. The treatment is an ongoing prescription for Antabuse and occasional office visits. This is treatment that I requested voluntarily and that my current employer is aware of.
Both my doctor (who has dealt with issues like this) and the FSO at my current employer tell me that this should not endanger my clearance as far as DSS is concerned, but I will need to inform DSS about this at my next 5 year re-evaluation.
My question is, when should I disclose this information to my prospective employer? I worry that they will summarily decide that they don't want to take a chance on me, and since they don't currently have any investment in me, they will decide to avoid hiring me.
I do want to inform the new employer at some point so that I don't give the impression that I'm trying to hide the issue. I just don't know what is the proper, or the best time to present this information.
Can any employers tell me what would be the best way for me to handle this? |
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Anonymous (USA) on December 15, 2010 at 11:25pm
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Anonymous:
I recommend that you do not list your attendance at AA. SF86 question #24c asks, "Have you received counseling or treatment as a result of your use of alcohol." This question obviously does not apply to people who attend AA meetings solely to gain a better understanding of alcoholism. |
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William Henderson on December 14, 2010 at 11:17pm
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Bill,
About a year and a half ago I started going to AA meetings because I was curious about them. My mother is a recovering alcoholic and even though she quit drinking our relationship has been strained. I went partially to see what these meetings had to offer and partially to understand her better, because they are a big part of her life. I participated in a handful of meetings but haven't been back.
I am not alcohol dependent or an abuser, I have no run ins with law enforcement or any other issues that could come up on a security investigation. However, I do drink socially and responsibly.
Do I need to list this on the SF-86? And if so how do I explain it in a way that doesn't look suspicious? Is it really a big deal or something that's going to need to be explained?
Best regards,
A |
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Anonymous on December 13, 2010 at 5:46pm
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Kyle (USA),
In my opinion, one incident of public intox should not be a problem. I recommend that you list the incident just as you have here. At the end of the SF 86/eQIP, there is a “continuation space” where you can provide an expanded explanation of the incident. Good luck. |
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Bill L. (Bowie, MD) on December 9, 2010 at 2:33pm
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I have been asked to start filling out forms for a secret clearance. I have no history of alcohol problems, but 4 months ago got overly intoxicated and separated from the people I was with. The bouncer at the bar I was at saw me throwing up outside and called the ambulance. I was taken to a near by hospital given an IV and released 4 hours later. The police were not involved in any way and no reports were filed.
Do I need to report this under the question regarding my alcohol use has resulted in intervention of law enforcement or public safety personnel? I also found out that the ambulance I was taken in works for a private company in the area.
If I do report it, will it cause any problems in getting approved for clearance?
Thank you for all the help |
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Kyle (USA) on December 5, 2010 at 11:29am
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CA (Netherlands):
One DWI usually doesn't result in a clearance denial, unless you are a problem drinker. The falsification of your SF86 is another matter. See the article on "Falsification of Security Clearance Applications" on this website. |
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William Henderson on November 23, 2010 at 12:57am
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AnonGuy (Texas):
Recommend you report this immediately and at the same time go to your Employee Assistance Program office. The criminal aspect of a drunk in public offense is very minor, unless there are aggravating circumstances. The real problem is that a drunk in public offense is often a symptom of an ongoing alcohol problem. Worst immediate action could be a suspension of your clearance, but I don’t think that will happen, unless as I said there were aggravating circumstances. Worst case long term consequence would be clearance revocation (if you have an alcohol problem and fail to seek counseling). Best case long term consequence would be a warning letter from your CAF regarding any future problems. See paragraph 2(e) and 2(f) of the Adjudicative Guidelines. |
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William Henderson on November 18, 2010 at 9:03pm
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AnonGuy (TX),
This does not sound like a serious incident which will adversely affect your TS/SCI eligibility; however, some SAPs have additional access considerations and this could temporarily affect your access. Keep your security officer apprised of your case at each step. Good luck. |
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Bill L. (Annapolis, MD) on November 18, 2010 at 9:20am
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Hi Bill and Mr. Henderson,
I have applied for a Rover position at the Embassy in the Netherlands. I have one DWI, which after payment of fine and counseling, was dismissed. In terms of Louisiana Article 894, I thought the case was off the record for good. This was three and half years ago. I stated no on my application, because I thought it was off the record. This is my only misdemeanor. I am a graduate student, engaged, and had my interview with my security officer two weeks ago. I am in the adjudication stage right now. Since I did counseling and told this during my interview, will this give my a security approval? |
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CA (Netherlands) on November 18, 2010 at 4:20am
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I currently have a TS/SCI clearance and am briefed to several SAPs that require SSBIs. I have held a clearance for about 10 years now. I was recently arrested for public intoxication, and plan to report this to my security officer ASAP. I have no other blemishes on my SF86. What impact do you anticipate that this will have on my clearances, both any immediate action that may be taken and long-term? |
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AnonGuy (Texas) on November 13, 2010 at 3:09pm
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Bill,
I did report it right away. I also enlisted and completed a 28 in patient rehab program (my lawyer suggested it) and enrolled in an aftercare program (my lawyer suggested this as well). My court date isn't for a couple months and I did let security know that.
I just hope i'm doing enough to mitigate the concerns.
Pankem |
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Anonymous356559 (Herndon Virginia) on November 5, 2010 at 6:08am
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I would like to provide these additional comments to this situation. The secret clearance was for a contract that I was working on that was classified. My current clearance is an at a NACLC, with final adjudication on 12/2005. The E-qip was initiated because I am being processed for a change of contract to a contract that is now unclassified. Actually, this action is a "downgrade" from secret level to non IT medium risk, (sensitive but unclassified). My previous FSO said that we would notify DHS once the court action was complete and said that any action, if it were taken would be taken then. When pointed out to my new FSO that the court action is still "pending" he is in a bit of a panic and thinks that I may be pulled from the contract just because the court action has not been completed, no matter what the outcome is in court.
Your thoughts or experience on this? Thank you so very much! |
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mlb (va) on October 31, 2010 at 8:13am
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I am a DHS contractor that has a secret clearance and has been with the agency for 5 1/2 years and has an excellent reputation as well. I was arrested on suspicion of DUI/OWI about 1 year ago. The incident was immediately reported to my FSO. The case is still pending in court. I have to submit an e-qip for DHS suitability.
Will this be an issue? |
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mlb (virginia) on October 30, 2010 at 9:41pm
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Ray:
Yes it is normal. The RSI can be any combination of investigative actions. In most cases like yours a Special Interview (SPIN) will be conducted and possibly some reference interviews. The SPIN is an interview of the applicant regarding one or more security/suitability issues. If there was alcohol counseling, an interview and record review will be done at the facility that provided the counseling. |
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William Henderson on October 9, 2010 at 2:38am
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Is it standard/normal for OPM to be requested to do an RSI if an individual has some alcohol related issues which they voluntarily identify on the SF86 for a Secret clearance? If so, what does it typically entail? |
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Ray on October 6, 2010 at 4:54pm
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Pankem (VA),
I hope you followed through with reporting the incident to your security officer. Honesty will help you get through this. Your DUIs do not seem close enough together to be considered a pattern. However, you need to keep your security officer informed regarding court appearances, the rendering of the court and any court-ordered requirements (treatment, probation, fine, etc). You must complete all court-ordered requirements to stay on the right side of this. Good luck. |
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Bill L. (Annapolis, MD) on October 5, 2010 at 12:02pm
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I got a DUI in 6/9/2005 and took the virginia ASAP course
Unfourtantly I got another one yesterday in Maryland, another car hit me and the officer arrested me for blowing a .11
I plan on never drinking again and plan on telling them I will sign whatever they want saying I will not.
I've had my clearance for ~5 years now. Will my clearance be revoked? I plan on talking to my secuirty advisor today to report it asap |
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pankem (Herndon Virginia) on September 27, 2010 at 5:19am
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Just an FYI, I DID get my interim clearance. I can only assume that the passage of time (7 years) and lifestyle change were the mitigating factors. Thanks! |
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wondering (Arizona) on September 13, 2010 at 11:10am
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I am scheduled to attend my security clearance hearing this Thursday, 9 Sept. My concern is with regards to my history of alcohol abuse/dependence and the fact that not a lot of time has passed since my last incident (Nov 2009). Documented incidents include: attendance of US Navy alcohol treatment 3 separate times from 1994 to 2007 (accompanied by two NJP actions), discharge from the Navy in 2007 due to alcohol rehabilitation failure, DUI (Colorado, 2005) and again (Virginia, 2009). I acknowledge that I am an alcoholic and am now working the program. I am told that the biggest factor for mitigation involves the passing of time with no further incidents, which is not a factor working in my favor. I have resigned myself to probably losing my clearance (granted while I was in the Navy's Nuclear Power program, unsure what type) though I will attempt to mount a case in my defense.
My tentative strategy is to address abstinence, positive behavior/lifestyle changes, attendance at AA meetings and a church-based 12-step recovery program, regular church attendance, and a change in my social circle. There are no issues with regards to hidden information, lying, compromised integrity and so on. I hope to also include either my physician/counselor and a friend (acquainted with me for over 10yrs) as character witness to attest to the earnestness of my recovery efforts.
I also hope to include written statements from others familiar with my situation, though I am not sure as to what type of format these should be in. As I stand to lose my job because of this, I have not invested in a lawyer, with their rates starting at 5k. I cannot find a lawyer site to feed me any sort of info, so here I go, on a leap of faith. Thank you for any help and for what you are doing for others in similar situations. |
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MC (DC) on September 3, 2010 at 12:44pm
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Ive landed my dream job with a government contractor and now I'm worried that I will get dropped because I cannot get an interim clearance. I received a DUI over 7 years ago and eventually had it expunged. Since then I completed my undergrad, two graduate degrees, climbed the corporate ladder, married and recently had a child. I included all of these mitigating factors in my sf-86. Am I out of luck for the interim, or would change of lifestyle since the incident is more than enough to squeak me by? Thanks. |
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wondering (Arizona) on September 2, 2010 at 10:35am
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Thank you so much for your reply Bill. |
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San (Greensboro) on August 24, 2010 at 4:23pm
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San (Greensboro),
In my opinion, one DUI 2 years ago should not result in a clearance denial, providing you have no other issues. Good luck. |
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Bill L. (Annapolis, MD) on August 17, 2010 at 12:17pm
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Just became an American Citizen and very much interested in Obtaining Security Clearance to open my self for better opportunities.
The question/concern that I have is that I had a DUI arrest 2 years back and went thru all the cources/classes that court assigned and cleared everything an year ago.
Will this be a problem for me to get a Security Clearance?
Thanks in advance. |
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San (Greensboro) on August 13, 2010 at 11:37am
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Thank you, Bill. Your response is very reassuring. |
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Bette (Dayton, Ohio) on August 5, 2010 at 2:24pm
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Bette (Dayton, OH),
In my opinion, your incident should not preclude you from obtaining employment in any DoD agency. The incident is 4 years old and did not prevent you from obtaining a clearance. Although the USMC is a fine organization and holds its employees (military and civilian) to high standards, many of their members are not “without sin” and your “sin” is far from disqualifying. Just be honest on all of your government forms. Good luck. |
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Bill L. (Annapolis, MD) on August 5, 2010 at 9:18am
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In 2006, I was returning home from a charity fundraiser alone and was pulled over by the police. The circumstances of my arrest were questionable which is why no bond was required. (I did everything we are generally told not to do, i.e., admitted to consuming alcohol, cooperated fully with the officers, took breathalyzer without question.) I pleaded guilty to 'failure to control' violation which was reduced from a physical control violation. I have no complaints with the conduct with the police, however. They were professional and treated me with respect. I just think that their assessment was erroneous. They sent me home with a pat on the back and the observation that I was clearly not experienced at drinking and judging my impairment. I should be more careful.
It was a great wake-up call and I have not had any further difficulty of any sort with alcohol or driving. I completed a Ph.D. and obtained a federal job and a secret clearance with the Air Force.
My question is would this particular circumstance - a guilty plea to a misdemeanor traffic violation with alcohol implications - prevent my employment with the Marine Corps as a civilian? I realize that you are addressing clearance issues but the OF 306 required a mention of misdemeanors and was wondering if that might present an obstacle to working for this branch which has extremely high standards.
Have you had any experience in this area? Thank you for your response. |
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Bette (Dayton, Ohio) on August 4, 2010 at 4:36pm
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Max G. (Kansas City):
I think you have a good chance of getting a final security clearance, provided there are no other security/suitability issues and no other alcohol related incidents. |
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William Henderson on July 27, 2010 at 7:56pm
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I have a question about the possibility of gaining a security clearance to work at the U.S. Census Bureau. The position I want to apply for requires a security clearance, and that makes me concerned. I was charged with a DUI a little under 2 years ago and went through a diversion program that ultimately dismissed the case. During this time, I had to see a therapist and abstain from alcohol for a year. Now, I can drive but I need to have an ignition interlock installed. Ultimately, the point is that I have changed my life. I graduated college, obtained a good job, and have abstained from alcohol since the incident. What are the chances that I will be granted a security clearance to work at the Census Bureau in DC? Should I even bother applying? Thanks in advance for your help! |
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Max G. (Kansas City) on July 24, 2010 at 5:46pm
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recruit2010 (space):
It would be helpful to know how old you are now, whether you completed the alcohol program successfully, and the frequency/amount of alcohol consumption since finishing the program, if any. |
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William Henderson on July 19, 2010 at 6:50pm
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Anonymous:
Cleared for what? -- Secret clearance, Public Trust position, PIV credential, federal employment suitability? Is this for a contractor position or federal employment? |
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William Henderson on July 19, 2010 at 6:42pm
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Mr. Henderson,
Do you know what would happen if an individual is cleared by an agency to begin work, but is charged with DUI right before their actual appointment? I intend to reveal I was charged with DUI. This is a first time DUI charge, with a one time arrest before that was dropped/dismissed for public intoxication a few years back. Thank you. |
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Anonymous on July 17, 2010 at 2:33pm
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Mr. Henderson,
I have a question regarding the alcohol related questioning on the SF86 and how adversely I can expect my answer to effect it.
7 months ago I decided my weekend drinking was putting me on the wrong path so I voluntarily put myself in a 6 week outpatient program for it before it got to the point of getting crazy.
Never had any legal issues other than an minor in possession after being caught in a bar when I was 18.
I am wondering if this is generally considered mitigating or should I be worried about a denial? |
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recruit2010 (space) on July 16, 2010 at 7:59pm
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Mr. Henderson,
I did list the anger management course on the sf86 form.
I would like to thank you once again for your advice. I appreciate it very much. Now I can prepare myself when the time comes. Thank you very much.
Good Guy |
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Good Guy (TX) on July 14, 2010 at 2:25am
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Tim (CA),
I do not think you have anything to worry about. For 1 – it is old and mitigated by the passage of time. For 2 – unless your brother can exert some influence over you, this is not a problem. For 3 – again, unless your in-laws exert any influence over you, not a problem. I suspect there will be questions such as where do they live now; type and degree of contact; is there a financial obligation with them, etc. Good luck. |
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Bill L. (Annapolis, MD) on July 13, 2010 at 12:01pm
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Tim (CA):
Absent other alcohol-related incidents and/or current immoderate alcohol consumption, your 1999 DUI shouldn't be a problem.
Unless your brother is currently involved in criminal activity (including illegal drug use) and your relationship to him presents the potential for adverse influence, your brother past conduct is not a problem.
Your in-laws may or may not present a problem, depending on the closeness of your and/or your spouse's relationship to them and your in-laws' occupation and employer.
See my article on Foreign Influence at http://www.clearancejobs.com/defense-news/54/foreign-influence-and-security-clearances |
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William Henderson on July 13, 2010 at 1:43am
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Thank you in advance for your reply. I recently filled out the SF86 for a TS investigation. Two incidents that they could negatively effect my clearance are:
1- I had convicted for DUI in 1999 and it is listed on my SF86
2- My brother was charged with a marijuana possession with intent to sell, then was imprisioned for violation of his probation (2 weeks) when he is in college. I was not living with him at the time, and now I am living in different state.
3- My in-laws are in different country, Viet Nam to be exact.
I think for 1- I am ok, but I am not sure about 2- and 3-. Your comment are appreciated.
Thanks,
Tim. |
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Tim (CA) on July 9, 2010 at 11:42pm
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Good Guy (TX):
Your clearance processing (investigation and adjudication) will continue as long as your prospective employer continues to sponsor you for a security clearance. In FY2008 only 61% of DOD contractor personnel were granted interim clearances, whereas 99% were granted final security clearances. The denial rate for final clearances has been consistently at 1% for many years, but the interim clearance rate seems to change a lot from year to year.
I think that based on all the information you provided, you do not fall into the 1% of applicants who are denied a final clearance. I recommend you prepare a written explanation of everything that happened with copies of any documentation related to the events, including a certificate of completion you received for the anger management class. Give copies of everything to the investigator during your Special Interview (SPIN). This will help the investigator prepare his/her report and insure that all mitigating and extenuating information is included in the report. Tell the investigator about anger management class and be prepared to explain why you did not list it on your SF86. Many people don’t feel that an anger management class equates to “counseling for an emotional or mental health condition,” but the investigator will probably ask why it wasn't listed on your SF86.
Even after doing this you may still receive a Statement of Reasons (SOR). At this stage you can again present the information from your written explanation (but this time in the form of an affidavit that addresses the SOR paragraph by paragraph) and copies of supporting documents. You can also submit written letters of recommendation from friends and associates (try to get some from people who are familiar with the incidents) attesting to your good character, trustworthiness, etc. and copies of documents showing your educational and work-related achievements. This will provide the adjudicator additional information he/she can use to evaluate your case under the "whole person" concept. In your response to the SOR indicate that you request a hearing. Statistically people are more successful when they have their case decided at a hearing (rather than based only on the written record). About 24% of people who respond to an SOR are granted a clearance at that stage based on their written response. The other 76% are referred to a DOHA judge. DOHA judges grant clearances in about 35% of the cases they review. Beyond that there is an appeal process. |
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William Henderson on July 8, 2010 at 7:20pm
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Ok, I have the copy of the police report for the 2003 incident. In the report my ex fiance is the only person that states that I was "intoxicated". No where in the report does it state that any of the members of law enforcement confirm that I was "intoxicated". Does this matter, since all of the charges were dismissed against me. There is no evidence other than her statement and it was an inaccurate one not to mention.
Thank you for your time and input.. |
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Good Guy (TX) on July 7, 2010 at 1:36am
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I am drug free since 1995 or 1996. I experimented while I was in high school.
In 2003, I did consume alcohol, as I was in attendance at a local university football game. During this time I was involved in a relationship with my ex fiancee and lived together. She was upset at the fact that my friend whom she did not like for unknown reasons, was going to stay the night and wanted to leave our home to stay with her mother. I tried to reason with her due to the fact that she was pregnant at the time with our daughter. She left the house after some time and when she arrived at her mothers house, her mother called the police and they went to my house and arrested me and the charges followed. I am not sure if alcohol was documented on the police report. I had a restraining order placed on her as there was physical evidence on my back showing her abuse towards me, but she was not charged. Speaking to the City Attorney he asked me to take an anger management course, requested by her, but it was left in my hands. I completed the course without issue and gained much knowledge from it. On the SF86 form I entered the information as alcohol has been an issue in my relationship with my ex fiancee and explained that anger, fear, etc was a trigger to my drinking, and I completed the course without issue. Since then no other incidents involving alcohol have occurred.
In 2007, the charges were brought upon me due to the statement I had given to the police due to my cooperation with their investigation. I only spent from what I remember a few hours in jail. No alcohol was involved. My daughter was in my custody during such incident.
My alcohol consumption is hard to say because I am not an every weekend drinker nor am I a 2-3 a week drinker. I am a social drinker and I guess people would say on a monthly basis I may consume, a few drinks of wine with a meal and after, or I may have anywhere from 6-8 beers in a month.
I am very healthy, I have never encountered any problems, financially, physically, employment, educational, etc due to alcohol. But I have made poor choices in my past that have put me in situations that are unfavorable.
The incident in 2003 is almost beyond the 7 year past that is requested in the form.
I have never been on probation due to alcohol or any other situation.
I was dismissed from a state job in 1998, due to alcohol. I was supposed to be at work, but I was late. Soon after I had received the DWI and I was dismissed. I made a verbal resignation during there investigation, but it is listed as dismissal but with no explanation. I did not list this on the form as it is well out of range of the 7 year background investigation.
Now with this information what do you find as a probability of my clearance.
Two different scenarios can be given, whether alcohol was reported or not in the 2003 case. I will request a police report.
Thank you for your quick response!! I do appreciate it.
As stated earlier in my comment, concerning the stipulated order, a few days later, the order was terminated. Will this affect me as well since this order was from 2007 to just a few days ago. I have an email and the actual court document confirming my ex fiancees statement that she did not know that it was still in effect and that we were under the impression that the order was terminated in 2007.
I also must make note that during both cases in 2003 and 2007, a letter was written to the prosecution by my ex fiancee that she was unwilling to proceed in any further actions against me and wanted the cases to be dropped.
I am around people all of the time and I am a people person. This is the only person that has caused harm to my life and is very troubled and unstable. Thus the letters to prosecution. |
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Good Guy (TX) on June 30, 2010 at 5:18pm
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Good Guy (TX):
Did you consume any alcohol or drugs during the 6 hour period immediately prior to the incident in 2003 or 2007?
How would you characterize your consumption of alcohol during the past 4 years (example: 2 servings twice a week on weekdays nights and 3 servings once a week on a weekend night)?
Has your consumption of alcohol had any negative affect on your health, finances, education, employment, or personal relationships? |
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William Henderson on June 29, 2010 at 7:01pm
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Thank you Mr. Henderson for your sincere efforts.
I don't know who to ask or where to start with this but I would appreciate any of your advice in helping me with this issue.
I would like to have some kind of probability as to the ability of myself obtaining a full security clearance, and progress in my future career.
In speaking with the director of the organization that I would like to work for, I was advised that my interim clearance was denied based on the information given he was not able to grant me the interim. The security manager also stated that he was not very optimistic that I would be able to obtain this full security clearance. The only thing listed on eQIP, and the sf86 form that did raise an eyebrow was my police report, prior history.
With this information, is it normal for an agency to still go through with the full investigation process or can the employer suggest not to go through with the process? I was informed by email they were still interested in bringing me on board with them and wanted to know if I was still interested in working with them. I sure did accept the offer of continuing the hiring process. Now I have to wait for the investigation to take full course.
Charges and final outcomes:
1996: Minor in Possession, Dismissed
1998: DWI - Plead No Contest, Found Guilty, Completed all court requests without issue.
2001: DWI - Plead Not Guilty, Jury Acquitted, No Further Stipulations ordered.
2003: (Battery Against Household Member, False Imprisonment, Barricading / Taking of Hostage, Tampering With Communication Lines), Dismissed by City Attorney contingent upon enrolling myself in an anger management class. I enrolled myself in the course and continued a few counseling sessions after course completion. This was not court ordered and was all done by myself. No Further Stipulations ordered. Might I add, these are false accusations.
2007: (Battery Against Household Member, False Imprisonment, Criminal Sexual Penetration, Criminal Sexual Contact), the Battery and Imprisonment charges were dismissed by prosecution, and the Sexual charges were entered by prosecution as Nolle Prosequi on grounds of the best interest of justice. No Further Stipulations ordered. Once again, false accusations.
These false accusations and charges in 2003, and 2007 have tarnished my record as a result of an ex fiancee that is deeply an emotionally unstable individual. They were also never decided in a grand jury.
Everything else I submitted on the form is clean from my employment to my financial history.
Will the investigation help me in adding some clarity and the discovery of my trustworthiness, integrity, honesty, and my good character, from interviewing past employers to interviewing the people I currently work with and associate with.
I am very optimistic that the investigation will uncover my true and accurate good character.
My only conviction is a DWI in 1998.
How will I fair with this information, what are my chances, etc?
All feedback (negative, positive) is welcomed!
Thank you for your time and any advice or feedback you may have for me!! |
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Good Guy (TX) on June 28, 2010 at 4:33pm
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denver girl:
This article (and my area of knowledge) pertains to national security clearances for access to classified information (i.e. Confidential, Secret, and To Secret). I don't know about employment suitability criteria or licensing requirements for RNs. My best guess is that every state has its own licensing standards and every potential employer has their own employment standards. |
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William Henderson on June 23, 2010 at 3:36am
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Matthew (CA):
Your situation places you in the 5% to 10% of cases that take much longer to complete and wind up going through the hands of 2 or 3 adjudicators at increasingly higher levels of authority before a decision is reached. However, most federal agencies only deny about 1% of security clearance applications.
Things that happened in the past can almost always be mitigated by rehabilitation and positive conduct. The big question in your case is do you still episodically abuse alcohol and if not, when did you stop. Can this be corroborated by your friends. Have you sought professional counseling? How will you and your friends characterize your alcohol consumption since your last alcohol-related incident? |
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William Henderson on June 22, 2010 at 2:10am
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Good Guy (TX):
I don’t know. I’ve never encountered a case with circumstances similar to yours. |
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William Henderson on June 22, 2010 at 2:10am
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I don't know why my question was deleted on here, but I am really trying to get some legitimate answers as to what a ticket would do to my chances of becoming a nurse.
A couple of months ago, I got a ticket for disorderly intoxication. I went to court, and explained that before I made any plea deal, or anything, I needed to know more about what this ticket would do to my chances of becoming a nurse- that is what I intend to go to school for in the Fall. They asked me to get more information, and gave me a continuance. I keep hearing this and that- different stories. I am now in AA, and have been sober for 2 months, and plan on staying that way, and have heard that even so, it's still hard for a recovering alcoholic to get a job in the medical field, because there are so many people that are not that are looking for a job, let a lone- someone who has a ticket that is alcohol related. I have heard I would not pass the back round check, and also that if I have had a completion of alcohol courses, that I would pass a back round check. I have heard that it wouldn't even come up, and not to worry about it, and have heard that having had this experience might actually benefit me depending on what I want to be in the field. Nothing is anything similar to the next thing.
All I want to know, is will I be able to work in this field with this? As well- I have had alcohol related tickets much longer in the past, and even though they may not show up, I am not sure either way. (DUI over ten years ago).
Any advice or light shed on this subject would be greatly appreciated. Thank you. |
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denver girl (denver, co ) on June 18, 2010 at 1:34pm
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Ok, I really had to dig deep and understand what my situation is all about.
Please disregard the last comment by me.
I have in place a STIPULATED ORDER OF PROTECTION and that it shall NOT BE AN ORDER OF PROTECTION under state statute. It is an agreement that we had, but soon forgot it was in place and have been in violation of it as far as being within a certain distance of each other. This is only true as our daughter is older since then and is involved in sports and school activities. I guess you could say we forgot about this order. However it is on my record and she has submitted the appeal.
I did state on the sf86 form that I did have a civil case and that was for custody, and child support issues, but failed to mention this order, because I forgot that it was still in effect. I did contact the agency to contact the Security Manager and have not had any contact or interview with such person. I have applied with a federal agency and await an interim clearance.
My question is how will this affect the interim clearance?
I have documentation to support the appeal and that the STIPULATED ORDER is not to be registered with the Federal Registry or entered into a national domestic violence registry or other national information system.
Thank you for your efforts and discussions.
Regards.. Good Guy (TX) |
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Good Guy (TX) on June 17, 2010 at 5:00pm
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This question is not in regards to alcohol, but I figured since you provided me with some feedback earlier, I would hope that I do receive some more feedback on this issue now. I have applied for a position with federal government requiring secret security clearance. I have submitted the sf86 for via eQIP. I just found out two days ago about a protection order or restraining order against me. The parties involved are myself and my ex fiancee. We have a child together and after criminal charges were dismissed and prosecution entered a nolle prosequi, we assumed our attornies were taking care of this matter. Three years later it is showing as in effect. I did not place this in the sf86 form as I was under the assumption that it was a temporary issue. This is the second time she reopened it on me, but the first time it was temporary. I have carried this for three years now. I emailed the organization to notify them that there was something missing in the sf86 form and that I had just found out.
Since, the charges were dropped and we have had contact due to our exchanges with our child and meeting at her sporting and school events. This would be a violation of the order. Yesterday she submitted the petition for appeal.
Well it is on my record again and for the time frame of three years unknowingly. She is not in any kind of threat and never has been, but its her way of dealing with me.
I am concerned as to how this would affect my interim and final security clearance. I do not have any convictions of domestic violence only a DUI back in 1998.
I guess you could say my record is tarnished since past charges involving her have all been dismissed, but is not a true and accurate reflection of who I am and what I stand for.
I now know how to protect myself against her.
Any feedback is welcomed and maybe some future advice. |
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Good Guy (TX) on June 17, 2010 at 2:24pm
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I have 3 alcohol related arrests over the past 7 years (each spaced out by 1+ years), one of which resulted in a conviction one-year ago of DUI (although the DUI events tooks place 3 years ago). The other two arrests (both public intox.) resulted in dropped charges.
I have an otherwise clean background. I have an interview next week with a consulting firm. Their HR contacted me and mentioned I would need to obtain a clearance. They provided me with a form that clearly acts as a pre-screen to determine my likelihood of obtaining clearance. In light of my past, do you think it is worth my time, and more importantly this firm's time, to interview for this clearance-dependent position? |
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Matthew (CA) on June 16, 2010 at 3:11pm
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Thank you for responding Mr. Henderson and Bill L. |
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Anon2 (Virginia) on June 13, 2010 at 8:14am
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Anon (Somewhere):
A single alcohol-related incident without any aggravating factors should not result in the denial of a final security clearance, but it could result in the declination of an interim clearance. I recommend you tell your security officer about it. Just explain that you initially misunderstood the question. |
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William Henderson on June 10, 2010 at 5:14pm
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I am trying to get my security clearance but I am wondering whether a hospital visit will affect my chances. I was diagnosed with acute intoxication (almost two years ago and I was underage). I have since not had any problems. I did not put this on my papers because I took the word treatment to be rehab. I do not want to be seen as a liar...I do not know what to do.
Do you believe I should tell the security officer I turned my papers into? Do you think this will stop me from getting my interim and/or secret clearance? Thanks for your help. |
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Anon (Somewhere) on June 9, 2010 at 10:33am
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MC (DC):
No. All unfavorable information in a security clearance investigation is evaluated against the security/suitability criteria in the Adjudicative Guidelines. Absent any aggravating circumstances, a single misdemeanor offense rarely results in a security clearance denial. |
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William Henderson on June 8, 2010 at 4:26pm
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Anon2:
People make mistakes on the SF86. After 29 years with no other criminal or alcohol-related incidents, your felony is still relevant but no longer material to a clearance decision. Your claim that you misread the question will probably be accepted, because listing the offense wouldn’t have any affect on your clearance eligibility.
Clearances can be denied for intentional omission of immaterial information, but they generally are not denied for unintentional omission of immaterial information. Your 2 sentence explanation may be sufficient, but I would include a little more detail about the disposition of your case and your alcohol counseling. |
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William Henderson on June 8, 2010 at 4:23pm
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Anon2 (VA),
Since you received an interrogatory letter instead of a visit from an investigator, I guess the investigators weren’t too concerned about it. Regardless, you should answer the letter honestly. Regardless of the possible expungement of the case, you should have listed it. Based on the time frame you state, it is plausible that you forgot about it. Good luck. |
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Bill L. (Annapolis) on June 8, 2010 at 11:37am
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MC (DC),
The pending charge may result in a denial of an interim clearance. If the court case is not resolved by the time the investigation gets to the adjudicators, they may ask for documentation from you regarding the status and may hold the decision on final clearance until the case is resolved. |
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Bill L. (Annapolis, MD) on June 8, 2010 at 11:31am
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Anonymous (Cincinnati),
Strictly speaking, 5 alcohol-related incidents over the past several years can, repeat can, be an indicator of an alcohol abuse problem. If these incidents are strictly underage use/possession that is less of a problem than if they also involved assault, disorderly conduct, resisting arrest, etc. The police and college records will be reviewed and you will probably be interviewed regarding these incidents. In my opinion, the worst case will be that you may be required to undergo a medical evaluation to see if you are truly an alcohol abuser or just in the wrong place at the wrong time. Good luck. |
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Bill L. (Annapolis, MD) on June 4, 2010 at 7:28am
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In filling out my SF-86, I misread the police record section and left out that I had been arrested for a felony charge 29.5 years ago. The charge was alcohol related, I was sent to an ASAP program and the charge was, I thought, expunged. I have also been sober in AA well over 20 years now.
I received a interrogatory letter asking why I left it off the SF-86. Should I provide the same information above in the letter and what are my chances now of getting a SC. I hate to sound stupid, but I did misread it and thought it only required 10 years.
Many thanks for any feedback you can provide. |
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Anon2 (Virginia) on June 3, 2010 at 9:33pm
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Does a pending reckless driving charge constitute denied of a security clearance? |
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MC (DC ) on June 2, 2010 at 11:04pm
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I just started my clearance process in the DoD. I am getting really worried about my chances. On my record I have a underage drinking citation that was deferred about 5 years ago and a public intoxication ticket from about 2 years ago. I also have 4 write ups on my university record, one being shared with the same incident as the public intoxication. This gives me 5 separate incidents of alcohol violations. How bad does this look for me? |
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anonymous (cincinnati) on May 27, 2010 at 11:03am
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Timothy (Egypt),
Straight Up – I think you have a good chance at being re-issued a Secret clearance. Most notably is the fact that your last offense resulted in a “not guilty” verdict in court. “Not guilty” is a mitigating factor. The remaining offenses are old and were probably reviewed during your previous adjudication.
However, I must caution you to make sure you list all offenses on your SF 86/eQIP (and any other Government forms) when asked about criminal conduct or alcohol-related offenses. The SF 86/eQIP specifically tells you to list all offenses relating to alcohol, even those that were expunged. Dismissed, etc. Good luck. |
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Bill L. (Annapolis, MD) on May 20, 2010 at 8:24am
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Timothy P Rizan:
I think you have a very good chance of retaining your Secret clearance. DOD has known since 2006 about all 3 alcohol-related arrests. If they had any intention of revoking your clearance, they would have done it by now. The reinvestigation for your Secret clearance isn't going to make any difference unless some unfavorable information surfaces during the investigation that DOD did not already know. |
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William Henderson on May 19, 2010 at 10:57pm
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I am a current employee of a DOD contractor. I currently hold a Secret clearance.
1984: I was convicted of DUI. I was given Navy Drug and Alcohol awareness training and fined.
1989: I was convicted of DUI. License was suspended. I was evaluated in Washington State by a substance abuse counselor as having a potential for alcoholism. My drinking went from an attitude of drinking expressly to get drunk (partying) to a responsible sometimes jovial social drinker. I have maintained that approach to my alcohol consumption (21 Years). Stupidly I never fully understood the “zero-tolerance” to thinking I could have a “few” and be ok driving.
2006: I had been working on an old classic Harley Davidson motorcycle and moronically took it out for a “test drive” A friend and I went for hot wings and beer. A police officer was waiting in the parking lot when I returned to the apartment complex. I had consumed alcohol (1 pitcher between 2 people). My perception of the state trooper was he had somehow been lying in wait. His car was in the apartment complex with his lights off. Due to my perceiving him as being dead set on arresting me, given the .08 level in South Carolina and my past 2 DUI convictions I felt compelled to refuse submitting to a sobriety test and breathalyzer. I was arrested under South Carolina Implied Consent. In the morning I was released on my own recognizance with no bail requirement.
As I was currently holding a clearance and working on a DOD military base, the next morning I immediately notified my manager and my company’s security manager of this adverse information. I obtained a lawyer and was advised by counsel to go to trial. (Dec 2009, I was found “Not Guilty” at trial and the case is currently in the process of being expunged).
After this occurrence I gave up alcohol and promised myself and my wife of 26 years that I was never going to risk all we had worked for again. I changed jobs and have gone from working as an aircraft mid range performing mechanic to an aircraft engineer. I reaffirmed my commitment to the creator and removed myself from an unhealthy environment and volunteered for duty in Egypt.
My job performance has been rated as exceptional, the highest rating possible for a salaried professional in my company. I have a love and joy for good food and good friends. I do consume alcohol on occasion with family and friends during meals and within my residence. I do not “go out” or ever consume alcohol while at a restaurant and never when driving. I believe that I have a complete and clear understanding of “zero-tolerance” regretfully at such a late point my life.
I have worked in Egypt and Turkey for the past 3 ½ years and in preparation for my repatriation to the USA, this June I will fly home and attend an ADSAP class in GA.
I have been offered a job that again requires a security clearance. I have heard many people say “this is my dream job” but it is truly my dream job. It is in the Pacific Northwest where my wife and I raised our sons. I have the love and support of a wonderful family and would never risk losing them. I have been working my entire life with the DOD and would never betray my country. I am a reliable husband, father, and employee.
I have a good savings and look forward to purchasing a home in Washington State near this new job. My wife and I have not found a place of worship in Washington but look forward to the fellowship that will bring.
I fully understand the need and importance of protecting secure and classified information. I appreciate the high level of responsibility held in the investigators performance. I hope that my realizations have not come too late for me to continue to contribute in positions that further my country.
Straight-UP!
What do you think my chances are of being denied a Secret DOD clearance on my reinvestigation? |
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Timothy P Rizan (Cairo, Egypt) on May 18, 2010 at 2:10am
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CD (NY):
You’re not required to list speeding tickets on your SF86 where the fine was less than $300. You are not required to list other non-felony offenses that did not involve alcohol, drugs, firearms or explosive that occurred more than 10 years ago. You should list only those offenses you are required to list. Anytime a person has unfavorable contact with a law enforcement agency, a record is usually created regarding the contact. Often these police records are disseminated to other criminal justice agencies. Criminal justice agencies have different records retention policies based on the nature of the contact. |
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William Henderson on May 13, 2010 at 2:26pm
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CD (NY),
The SF 86/eQIP questions on criminal conduct indicate that you may exclude any traffic offenses if the fine was less than $300 unless it involved alcohol or drugs. However, for the intel community, I would list them, as well as the disorderly conduct summons. In my opinion, these are minor and in the past and should not result in a denial of your eligibility/access. Good luck. |
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Bill L. (Annapolis, MD) on May 13, 2010 at 7:52am
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I recently got a DUI 2 months ago. Never got in trouble for anything. This is my first time. Yes I did get arrested for the DUI, but didn't stay over night they let me go cause my driving record was clean... i just got a job offer for Lockheed and they wanna put me through a secret clearance and I am suppose to fill the SF-86 out this week. I'm just scared they are going to deny me and I'm nervous that this was pretty recent any help would be great. Thank you very much William. |
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kevin on May 12, 2010 at 10:31pm
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Thank you, Bill for your response. I appreciate it! |
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m.a. (maryland) on May 12, 2010 at 9:43pm
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I am in the process of applying to the USNR Intelligence community. Part of the package is the SF-86, which requires a 10 year 'look back' as far as criminal matters are concerned. I received about 3 tickets for speeding (the last one being about 7 years ago. I also received a summons for disorderly conduct (about 6 years ago).
Would I need to disclose these infractions on my SF-86? Does the FBI or any other agency maintain a file with this information included? |
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CD (NY) on May 12, 2010 at 12:49pm
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m.a. (Maryland),
Based on the passage of time, this incident should not result in a final denial of your security clearance eligibility. Good luck. |
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Bill L. (Annapolis, MD) on May 11, 2010 at 8:31am
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Robert (NJ):
Technically it depends on whether the "EMS" personnel worked for a public agency or private company. If they worked for a public agency most jurisdictions would consider them "public safety personnel," and you will have to answer "yes" to question 24a.
I recommend listing the incident on you SF86 regardless of the status of the EMS personnel. |
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William Henderson on May 7, 2010 at 4:49pm
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Hello,
In Oct of 2005, I was arrested for a slew of charges related to a DUI. All of the charges (2nd degree assault, reckless endangerment) were dropped ie:NOLLE PROSEQUI. The only two charges (now that I look back on the court case) that remain are resisting arrest and Suspicion/Driving Under the Influence. I pleaded guilty two both counts and was given supervised probation before judgment. I was not convicted of either crimes.
My interim clearance (for DoD) was declined. I was told they will investigate further, but was is the chance that I'll be cleared? My record has been clean since. Thank you for any info you can provide. |
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m.a. (maryland) on May 7, 2010 at 12:58pm
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Anonymous (Washington, DC),
These incident should be listed on your SF 86/eQIP, but I do not think they will be a serious impediment to being granted a security clearance eligibility. Good luck. |
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Bill L. (Annapolis, MD) on May 6, 2010 at 10:16am
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Robert (NJ),
If you did not attend any treatment program, I do not think you are required to list this incident. Good luck. |
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Bill L. (Annapolis, MD) on May 6, 2010 at 10:14am
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I submitted a question on 26 Apr and didn't receive an answer. I understand people are busy and this blog is out of courtesy. I will appreciate any and all feedback if possible. I have a follow on question below the original. The original question is below:
Please Help Me Out!
I went in the military 6 years ago and got my security clearance(Secret). I was convicted of a DUI a little over three years ago and started working for the Civil Service shortly before that. I just finished my degree a couple months ago and was stupid one night to think I had quit drinking long enough to drive(I was trying to avoid a situation by driving someone home). I was arrested but haven't been charged with a DUI yet (lawyer said it will more than likely be dropped). Now two months later I got my dream job on base and they don't accept my current military security clearance so I have to get another one (Secret on the civilian side). I have to get the interim first so I can start working. I have to fill out the sf86 soon. I do not want to loose this job!
I have been working hard for this job for three years straight and finally got it through a lot of hard work. Do you think they will deny me of my security clearance for this? What should I do? Please tell me something positive. I don't drink anymore at all but the record doesn't look good.
Update!
They reviewed my documents and denied my of my interim. I am extremely worried about this. I have worked long and hard on getting this job and two mistakes are holding me back. I was completely honest with everything on the form. I seriously do not have a problem with drinking. These situations were extenuating circumstances. Will someone please tell me what the likely verdict will be with the clearance? Should I try to go back to the other civil service job that didn't require one?
Any feedback would be great!
Thank you in advance! |
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Anonymous (XY) on May 5, 2010 at 6:45pm
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I will be 24 when my job with the Army begins and I need to obtain a Secret clearance. I received an underage possession of alcohol charge before I went to college. I completed community service and some class (not AA), and the charge was expunged from my record. Two years later I received another underage charge while living at the beach. I paid a fine and it was done. Due to the passage of time (4 years since the last one, and obviously won't happen again) and the fact that they were spaced two years apart, would this be an issue?
I will obviously provide these incidents on the OF 306 and explain them fully. I have never had an "alcohol related incident" aside from the possession charges and do not plan on it, as I am a responsible person who just had some bad luck. Thanks. |
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Anonymous (Washington DC) on May 5, 2010 at 1:03pm
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I went to a university where students could call EMS for alcohol poisoning or other emergencies and face no legal action whatsoever. One night I was drunk (and underage), and two random guys saw me and called EMS. I was taken to the hospital but received no care; I was not cited, ticketed, arrested, or charged. Must I mention this to the question of whether my alcohol use has resulted in intervention of law enforcement? |
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Robert (NJ) on May 3, 2010 at 7:50pm
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Anonymous (California):
I assume you are trying to figure out if your overnight stay in jail is considered “imprisoned” as it is used on the OF306. My best guess is no, but I’m not a lawyer. I think the police probably considered it a “detention.” Why not call the police department and ask them? |
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William Henderson on April 27, 2010 at 5:43pm
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Anonymous (CA),
It appears to me that the OF306 asks for convictions, so I think you need not list this offense. This appears true also for the SF 85 (Questionnaire for Non-Sensitive Positions). However, both the SF 85P (Questionnaire for Public Trust Positions) which asks “In the past 7 years, have you been arrested.” and SF 86/eQIP (for National Security Positions) which asks “Have you EVER been charged with any offense related to … alcohol” must be answered “yes” and explained. Good luck. |
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Bill L. (Annapolis, MD) on April 27, 2010 at 12:22pm
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Please Help Me Out!
I went in the military 6 years ago and got my security clearance then. I was convicted of a DUI a little over three years ago and started working for the Civil Service three years ago as well. I just finished my degree a couple months ago and was stupid one night to think I had quit drinking long enough to drive. I got was arrested but haven't been charged with a DUI yet. Now two months later I got my dream job on base and they don't accept my current military security clearance so I have to get another one. I have to get the interim first. I haven't been convicted and there is a good chance that my charge will dropped down to reckless driving. I have to fill out the sf86 soon. I do not want to loose this job!
I have been working for it for three years and finally got it through a lot of hard work. Do you think they will deny me of my security clearance for this? What should I do? Please tell me something positive. I don't drink anymore at all but the record doesn't look good. |
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Anonymous (N/A) on April 26, 2010 at 5:03pm
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Hello-
I have been selected for a government position and have a question about the of-306 form. First of all, I was arrested for public intoxication a few years ago. I was held in jail over night then let go. I pleaded not guilty and was found not guilty. I am not filling out my of 306 form and I am wondering whether I need to include this incident on the form.
Thank you |
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Anonymous (California) on April 23, 2010 at 12:21am
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Jose (Iraq),
The collection account should not be a problem. Hopefully, the creditor is updating your credit report with info indicating that you are paying or in compliance with a payment agreement. The DUIs are another matter.
The investigators will be collecting police and court records, as well as verifying that you are in compliance with any court-ordered requirements (probation, rehab, etc). The tricky part is that, normally, the investigators would interview you regarding the DUIs and your drinking habits – how much, how often, etc. Since you are deployed, that is not probable, leaving the adjudicators without pertinent info to base a decision. A while back, such cases were put into a suspense status until the person returned to home station and could be interviewed. I am not positive that is the case presently. Your Security Manager should monitor the progress of your investigation via JPAS and contact the Adjudication Facility for their current process in these cases. Sorry I can’t give you a definitive answer. Good luck and keep your head down. |
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Bill L. (Annapolis, MD) on April 22, 2010 at 10:12am
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Gents,
I'm hoping you can provide some quick advice for me here. I'm in the process of filling out my SF-86/EQIP and I'm stuck on the question of whether alcohol use has ever "resulted in the intervention of law enforcement/public safety personnel." In Nov. 2008, I crashed my car while driving under the influence (no one hurt but me), but the police have no evidence of intoxication. I refused the field sobriety test, the police never took blood, and I was never arrested/charged/cited. There are insurance records of my crash and medical treatment, but nothing that legally points to a DUI. Also, I'm unsure of the meaning of "intervention." Police and EMS responded to the scene, but I don't know if that qualifies as intervening.
I've accepted a contractor job with the Navy that requires an Interim Secret; what do you think?
Thanks. |
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Brian (Washington, DC) on April 20, 2010 at 11:50pm
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Bill, My question is last year i got my 2nd DUI ever since then i have complied with everything the court order me to do, I also have a collections on my credit but have been paying that monthly and recently bought a house even with my collection. i applied for a secret security clearance, what is the likely hood of me being denied a security clearance. Besides my two DUI i have not had any other incidents with the law. |
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jose (iraq) on April 16, 2010 at 3:46pm
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Good Guy (TX),
In my opinion, your history should not result in a clearance denial. You have several involvements with law enforcement, all of which you should list on your employment application (where asked) and clearance application. The investigators will check police and court records to verify your not-guilty and dismissed claims. As long as you have complied with any court-ordered requirements and have no other issues, I don’t see too much problem. Good luck. |
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Bill L. (Annapolis, MD) on April 13, 2010 at 11:11am
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Hello and how are you? First off I would like to thank you for helping people out with their issues and concerns, very thoughtful.
I recently graduated and have applied with the government as most of these positions do require some type of clearance I began to think and came across this website.
I am not perfect, but I have made some bad choices in my past and have been responsible towards them, some alcohol related and some not.
First off I was working as a student with the government on an internship basis and was denied a clearance in 2005. I do not know the reasons but I dug into my background and found that I had an open case for a suspended drivers license for which I was unaware. I have taken care of it and the case was dismissed and closed. In 2003 and 2007, my girlfriend and I were involved in incidents in which things were blown out of context ending with me in jail and facing felony charges and misdemeanor charges. The cases never made it passed a grand jury and I completed an anger management course. Cases dismissed.
I soon left my girlfriend as things were not working out and the problems worsened. She went to the police again in 2007, I was arrested and was facing charges once again. Again the case was never brought into a grand jury and the case was dismissed because she wrote the court a letter saying she could not go on with the whole process and so forth, my attorney and myself never received such letter, just a phone call from the DA's office.
I think she was bitter to the ending of the relationship and decided to hurt me the only way she felt she could. Since then I have learned to keep a distance between us, but it is rather difficult since we have a child together.
We have maintained a civil relationship for our child and have difficulty with the previous issues she has put in my life.
Now, that I have graduated and want to pursue my dreams and goals will this hurt me in the process or would this be ok.
My only conviction is a DWI in which I admitted to, and completed the process and everything that goes along with the conviction.
I have been jailed 4 times:
1. DWI - admitted and convicted
2. DWI - went to trial and was not convicted
3. Domestic Violence (alcohol involved) - No conviction
4. Domestic Violence (no alcohol) - No conviction
** 3&4: same person (girlfriend and ex-girlfriend during 4), unstable person causing conflict between us. Left her in 2005 to never return!
I have a good driving record and have established myself as a respectable person and hard working my whole life, I guess just got caught up with the wrong individual and didn't see it coming. I do not allow myself the opportunity of getting into these types of situations which have taught me a lot.
Any comments or suggestions would be greatly appreciated!! |
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Good Guy (TX) on April 12, 2010 at 2:59pm
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MDR (VA):
Since you listed the arrest and jail time on a previous OF306, I recommend you list it on future OF306s until 2017. Depending on your jurisdication, your overnight stay in jail may have been a detention in the same sense that you were detained while the police officer wrote your reckless driving citation. Get a copy of the police report and see what it says about the disposition of your arrest. Take a copy of the OF306 and ask the police what they think. At any rate absent any other alcohol-related problems, I don’t think it is going to have much of a negative effect on your eligibility to hold a non-sensitive position, but that’s only my opinion based on what I know about security clearance adjudications, not employment suitability/fitness determination.
The OF306 does not require you to list the reckless driving charge; it only requires you to list it if you’re convicted and the fine is more than $300 or you receive probation as a condition of your sentence. I recommend you list it and provide an explanation in the continuation space of the OF306. A single traffic violation, even a serious one, rarely results in a security clearance denial. Again, I can’t say with any certainty the effect it will have on an employment suitability/fitness determination. |
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William Henderson on April 9, 2010 at 8:28pm
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Hello,
First I would like to say thanks for providing this question-answer session on the website. I've read through many posts and am feeling much better about my situation. However, I'd still appreciate it if you could give me your opinion.
I am currently filling out the forms for a low-risk position, SF85 and OF306 required. In October 2007 I spent one night in the drunk tank for public intoxication. After meeting with the police officer a few days later and explaining the situation, he offered to "Nolle Prosequi" the case (which means the charges were dropped). In March 2010 I was charged with Reckless Driving (90 in a 60). I have retained a lawyer, completed traffic school, am doing community service, and everything else the lawyer has asked. My court date is on April 22. My lawyer says the chances of getting it reduced to Improper Driving are very good based on my clean driving record and the steps I've taken.
1) Do I have to list the night in the drunk tank on the OF306 where it asks if Ive ever been imprisoned, even if the charges were dropped? I listed it on the previous OF306 that I had to submit for my last contract, but am curious now whether it is necessary or not. I have not gone as far as to get it expunged from my record.
2) How do you think the pending Reckless Driving charge may affect their decision? These background investigations and whatnot usually take time and my court date is only a couple weeks away. If it gets reduced to Improper Driving, can I submit an amendment stating that the Reckless Driving charge is no longer an issue? Should I list the steps I've taken (community service, driving school, etc.) on the OF306?
Thanks in advance for your response! |
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MDR (VA) on April 7, 2010 at 10:28am
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Jim (AZ),
First, I commend you for your maturity to recognize a potential problem area and taking steps to preclude trouble. Even if you had incidents prior to you attending AA, they would probably be too old to be issues. In my opinion, if you have no other issues, you will not be denied a final clearance eligibility due to your AA attendance. Good luck. |
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Bill L. (Annapolis, MD) on April 6, 2010 at 9:41am
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I’m considering applying for a job that requires a DoD Secret clearance. I’ve had no exposure to the process and have just started my investigation.
The one issue that I’m concerned about, is my past alcohol abuse. I stopped drinking in 2003 and have been attending AA meeting ever since. I stopped drinking on my own accord and attended treatment. I’ve never been arrested and have a very clean record. Not even a speeding ticket for the last 20 years.
Before I invest time into interviewing, how big of a concern is my alcohol abuse when applying for security clearance?
Any help you can provide would be most appreciated.
Regards.. Jim |
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Jim (AZ) on April 1, 2010 at 7:23pm
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Bry (AZ),
In my opinion and experience, one DUI should not result in a denial of a security clearance. What will be looked at is the passage of time since the event, your compliance with any court-order requirements (probation, rehabilitation, etc), and the overall extent of your alcohol consumption. Good luck. |
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Bill L. (Annapolis, MD) on March 18, 2010 at 9:19am
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Bill,
I got a misdemeanor DUI Jan 26 2010. My goal in life is to join Army special forces -- Secret Security clearance is required. I plan to join the Army towards the end of this year. My question is: Will this dui effect my ability to get clearance if I purse my goals in the near future? Or, do I need to wait a year with a clean record before I'm eligible? |
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Bry (AZ) on March 16, 2010 at 5:39pm
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Kristina (VA),
First of all, I urge you to be honest in completing any employment application or other forms. Although the charge was “dropped”, there is probably a record in local/county police databases. However, I do not think one incident like yours would cause denial of enrollment into school or employment. Good luck. |
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Bill L. (Annapolis, MD) on March 16, 2010 at 9:09am
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Barry (MD),
You should not be required to provide documentation at this time, unless your security manager wants to see it. The investigators will in all likelihood conduct checks of the records of the police, court, probation and any alcohol rehabilitation programs you were required to attend, as well as interview you. If you are scheduled for an interview, I would take all documentation to the interview in case the investigator wants a copy. In my opinion, if you are compliant with court-ordered requirements, you should not be denied a clearance eligibility. Good luck. |
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Bill L. (Annapolis, MD) on March 11, 2010 at 11:47am
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Hello,
I was given a ticket two years ago for underage consumption of alcohol. I went to court and they told me if i did the community service hours and alcohol classes it would be dropped. I am currently trying to get into nursing school (I am already a firefighter/EMT) the school does a background check. I am wondering if this will show up on my background check. I was 20 at the time I am 22 now with no other offenses. |
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Kristina (VA) on March 9, 2010 at 11:03am
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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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Barry (MD) on March 5, 2010 at 1:04am
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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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Bill L. (Annapolis, MD) on March 4, 2010 at 12:08pm
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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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Mishap (CA) on March 2, 2010 at 9:40pm
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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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Bill L. (Annapolis, MD) on March 2, 2010 at 11:19am
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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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stu (fl) on February 23, 2010 at 1:41pm
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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 February 23, 2010 at 11:34am
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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 February 23, 2010 at 11:28am
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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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Bill L. (Annapolis, MD) on February 23, 2010 at 11:26am
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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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C-Lo (Concerned, VA) (Virgina) on February 22, 2010 at 2:43pm
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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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Joe (North Carolina) on February 21, 2010 at 4:32pm
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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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bob (conus) on February 18, 2010 at 11:46pm
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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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Anonymous (Anonymous) on February 18, 2010 at 12:55pm
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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 February 4, 2010 at 9:01am
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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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Bill L. (Annapolis, MD) on February 4, 2010 at 8:59am
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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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david(ma) (ma) on January 31, 2010 at 5:59pm
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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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Leslie (Afghanistan) on January 30, 2010 at 2:55am
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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 January 26, 2010 at 11:43am
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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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Bill L. (Annapolis, MD) on January 26, 2010 at 11:39am
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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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Jason (WA) on January 25, 2010 at 1:53am
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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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Nick (VA) on January 24, 2010 at 8:03pm
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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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Bill L. (Annapolis, MD) on January 19, 2010 at 12:42pm
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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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Bryan (NJ) on January 9, 2010 at 11:36am
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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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Bill L. (Annapolis, MD) on January 5, 2010 at 9:48am
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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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Eric (VA) on December 31, 2009 at 1:08am
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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 December 29, 2009 at 10:14am
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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 December 29, 2009 at 10:13am
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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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Bill L. (Annapolis, MD) on December 29, 2009 at 10:09am
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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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Brian (MO) on December 28, 2009 at 4:44pm
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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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berta (Arkansas) on December 28, 2009 at 12:15pm
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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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mikeb (MN) on December 23, 2009 at 9:58am
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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 December 22, 2009 at 8:35am
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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 December 22, 2009 at 8:29am
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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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Bill L. (Annapolis, MD) on December 22, 2009 at 8:23am
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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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mikeb (MN) on December 19, 2009 at 3:12pm
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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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Concerned on December 19, 2009 at 12:33am
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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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Chris (D.C.) on December 17, 2009 at 3:07pm
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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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William Henderson (Pacific Grove, CA) on December 17, 2009 at 2:59pm
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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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Terry on December 17, 2009 at 12:23pm
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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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Bill L. (Annapolis, MD) on December 15, 2009 at 9:37am
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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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Rick (AZ) on December 12, 2009 at 1:43am
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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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Bill L. (Annapolis, MD) on December 8, 2009 at 9:59am
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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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Chris (MD) on December 1, 2009 at 11:16pm
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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 November 27, 2009 at 2:46pm
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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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Bill L. (Annapolis, MD) on November 27, 2009 at 2:37pm
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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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Jermaine (VA) on November 27, 2009 at 12:20pm
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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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Tony (NC) on November 22, 2009 at 6:14am
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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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John (VA) on November 19, 2009 at 3:13pm
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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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Bill L. (Annapolis, MD) on November 19, 2009 at 11:49am
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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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shane (arizona) on November 18, 2009 at 1:35pm
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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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Bill L. (Annapolis, MD) on November 17, 2009 at 7:55am
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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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Mark (TX) on November 12, 2009 at 10:44pm
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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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C.C. (Midwest) on November 9, 2009 at 9:25am
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Mark (TX),
I do not see a problem with your OF 306 in 2002. |
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Bill L. (Annapolis, MD) on November 7, 2009 at 7:49pm
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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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Mark (TX) on November 5, 2009 at 6:04pm
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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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Bill L. (Annapolis, MD) on November 5, 2009 at 11:44am
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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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Mark (TX) on November 4, 2009 at 10:35am
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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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William Henderson (Pacific Grove, CA) on October 5, 2009 at 1:12am
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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 October 3, 2009 at 8:20pm
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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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Bill L. (Annapolis, MD) on October 3, 2009 at 8:11pm
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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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Perplexed (Idaho) on October 2, 2009 at 1:53am
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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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Michael M (DC) on October 1, 2009 at 10:43pm
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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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Bill L. (Annapolis, MD) on September 29, 2009 at 9:46am
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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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Walt (MD) on September 28, 2009 at 4:39am
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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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William Henderson (Pacific Grove, CA) on September 21, 2009 at 11:01pm
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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 September 17, 2009 at 10:00pm
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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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confused (va) on September 17, 2009 at 8:34pm
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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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Mark (TX) on September 15, 2009 at 2:39pm
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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 September 15, 2009 at 12:05pm
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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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Bill L. (Annapolis, MD) on September 15, 2009 at 11:51am
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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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confused (VA) on September 14, 2009 at 7:59pm
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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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Sean (san diego) on September 10, 2009 at 12:25pm
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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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Bill L. (Annapolis, MD) on September 10, 2009 at 11:38am
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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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Mark (TX) on September 9, 2009 at 10:44am
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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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Walt (MD) on September 8, 2009 at 6:12pm
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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 August 31, 2009 at 2:32pm
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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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Bill L. (Annapolis, MD) on August 31, 2009 at 2:26pm
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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 August 27, 2009 at 1:15pm
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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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Kristina (CR) on August 27, 2009 at 11:58am
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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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confused (va) on August 25, 2009 at 11:29pm
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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 August 25, 2009 at 7:47am
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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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Bill L. (Annapolis, MD) on August 25, 2009 at 7:42am
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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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alex (AL) on August 20, 2009 at 12:00pm
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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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amorina (ohio) on August 14, 2009 at 9:12pm
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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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Bill L. (Annapolis, MD) on August 11, 2009 at 9:07am
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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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Tim (Colorado) on August 7, 2009 at 11:43pm
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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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Mike (Wisconsin) on July 15, 2009 at 10:59pm
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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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Bill L. (Annapolis, MD) on July 14, 2009 at 1:10pm
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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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Steve (Kentucky) on July 1, 2009 at 7:09pm
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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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Desperate (Los Angeles) on June 15, 2009 at 1:22am
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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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Eric (VA) on April 13, 2009 at 11:30am
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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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Martin (LA) on April 13, 2009 at 11:21am
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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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Voight on March 26, 2009 at 8:10am
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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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Anonymous (FL) on March 10, 2009 at 10:40am
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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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Need This Job (San Diego) on February 16, 2009 at 8:51pm
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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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Somebody (Somewhere) on February 4, 2009 at 4:29pm
Anonymous on November 16, 2008 at 5:04pm
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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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bob goodheart (SPOKANE WASHINGTON) on November 11, 2008 at 1:01pm
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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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Anonymous (WA) on November 4, 2008 at 2:55pm
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