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Category: Criminal Law
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Experience:  Licensed attorney with 28 yrs. exp. in criminal law
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I am currently a federal employee with no security clearance;

Resolved Question:

I am currently a federal employee with no security clearance; however, I am applying for one, and I have had (1) arrest for domestic dispute, but was never charged or convicted and my record was expunged in SC in 2011 because I had successfully completed the Pre Trial Intervention program. I also have a minor wet and reckless dui conviction in September 2001 when I lived in Califorinia. Will any of these show up during a background check, and will this affect my current level of employment if they find out?
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Marsha411JD replied 1 year ago.
Hello,

Thank you for the information and your question. Yes, these charges and conviction will show up on the background check that the Federal Government does for a security clearance. These, as you may suspect, are not like private employer background checks. They are FBI in depth criminal background checks and, as such, they can see anything that is available to law enforcement, which both of these situations would be. They will be able to see the full disposition. The first, is not technically a conviction since you have PTI, but again it will show up, as will the second.

Neither of these are automatic disqualifications for a security clearance. However, they are part of the whole picture that the agency will look at when making their clearance decision.

Please let me know if you need any clarification. I would be glad to assist you further if I can.
Customer: replied 1 year ago.

Thank you for your prompt response, if I decide to go ahead and apply for the security clearance with full disclosure of these (2) events, can they (meaning the government) try to use this against me in my current employment (fire me!) if they decide not to grant me a security clearance?

Expert:  Marsha411JD replied 1 year ago.
Hello again and thank you for your reply. No, unless you did not tell the truth before on an employment application, you could not be terminated for providing this information as a part of your security clearance. However if, for example, you got your job after the wet and reckless, and the application asked for all convictions (misdemeanor and felony), and you did not supply that information, then technically that would be cause for termination.
Marsha411JD, Lawyer
Category: Criminal Law
Satisfied Customers: 17516
Experience: Licensed attorney with 28 yrs. exp. in criminal law
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