I currently hold a secret security clearance. I was arrested recently for soliciting prostitution and I am gonna see the judge in a few weeks. I got a lawyer and he assures me nothing will happen and will get rid of the charges and it will look like it never happened. However, I am probably going to have to report that I was arrested. In the worst case, my question is what could possibly happen if found guilty? My lawyer says everything should be fine and he’ll knock off the charges. If found guilty, will I lose my security clearance? if I have a chance, what is the procedure to follow?

Tony P

RE:
Yes there is such a thing as interim SCI eligibility, but it is not very common and strictly at the discretion of the issuing authority if certain requirements are meet.

I don’t understand your situation. Why did your TS/SCI terminate in Oct 08? What is DIA going to adjudicate–your prior investigation or a new one. For reciprocity all components of DoD (including DIA) are considered one agency.

Since I was granted the Secret Clearance in November does that mean I successfully mitigated my original omission of drug use from the SF-85 I filled out in June 2007? My SF-86 for the Secret Clearance was entirely truthful and I’m assuming they looked at my SF-85 for my previous internship.

Don’t worry about unintentional or inadvertent errors/omissions on your current or prior SF86s. Investigators are accustomed to discovering a lot of inaccuracies on SF86s during the PRSI. If the inconsistencies on your SF86s become a security concern, you will be given the opportunity to explain them before a final clearance decision is made.

I don’t know what clearance if any you received in Jun 07 by filling out an SF85. All security clearances must be based on an SF86. Nevertheless falsifying any government form is a felony and your action will be judged under the “Personal Conduct” and/or “Criminal Conduct” criteria of the Adjudicative Guidelines. If you are being considered for employment by a federal agency, you may be screened out at the employment suitability stage of your processing and never make it the security clearance adjudication stage. I suggest you carefully review the mitigating conditions listed in the Adjudicative Guidelines to see if any of them apply to you, so you can emphasize them during any future security interview.

I am very scared because of the foreign influence thing above, and also misstatements on a previous application with another employer. I have the memory of stewed squash. There were several minor errors on my SF-86 or things in the wrong place. The first time I turned it in I forgot to list two of my immediate relatives.

Anyway, I think I may have some minor inconsistencies from application to application, like dates and things. I was never deliberately untruthful, but I admit I didn’t make a serious effort to list Absolutely Everything until I filled out the SF-86 for my current job, which I love. I tried to be as absolutely accurate as possible. When the investigators called I told them everything I could remember and then some, and told them to call me back if they had any questions at all. I gave them something like 15 different references.

Nobody has called me so far to address any inconsistencies with other applications. My fear is, would they look at those inconsistencies, assume I’m lying, and deny me without giving me a chance to explain? Or would they call me? Or would they assume that I’m obviously just stupid and not deliberately trying to lie? They called about the foreign work issue, but that was it.

Thank you for your time.

Thank you for the reply. Yes, he served almost three years. His probation will be finished in 2009. There are those that might be willing to sponser him. Would there be less risk if he waits until his probation is complete before trying to get a clearance?

If your investigation makes it to a security clearance adjudicator, you will have certain due process rights that may or may not have been available for the employment suitability determination. Usually adjudicators want to hear what the applicant has to say about an issue, so they either send you a written interrogator and have an investigator interview you. Beyond that you should read my article on “Rebutting and Appealing Security Clearance Denials” posted at http://www.clearancejobs.com/news.php?articleID=62

Still being on probation is also problematic. Rehabilitation is the primary mitigation for criminal conduct. Anyone who is still on probation or parole, will have difficulty showing rehabilitation because so little time has pasted since the crime, and the person has not yet finished their entire sentence.

In either event, if someone sponsors him for a clearance, he will be investigated and his completed investigation will be adjudicated like any other.

Yes there is such a thing as interim SCI eligibility, but it is not very common and strictly at the discretion of the issuing authority if certain requirements are meet.

I don’t understand your situation. Why did your TS/SCI terminate in Oct 08? What is DIA going to adjudicate–your prior investigation or a new one. For reciprocity all components of DoD (including DIA) are considered one agency.

Even if it was an embassy of a high risk country, because your internship at the embassy occurred when you were young, it probably won’t be a problem for you.