Can You Lose a Security Clearance After Being Acquitted? A Recent DOE Case Says

The National Security Adjudicative Guidelines make clear that criminal conduct or behavior of a sexual nature may raise security concerns regardless of whether an individual has been formally charged with or convicted of a crime. Unlike the criminal justice system, which requires evidence to meet a specific legal standard, the administrative security clearance process operates under a lower threshold. Adjudicators need only establish a reasonable belief that the conduct occurred.

A recent Department of Energy (DOE) Office of Hearings and Appeals case illustrates how this standard is applied in practice.

The applicant’s security clearance eligibility was revoked after he was arrested and charged in 2025 with two counts of indecency involving sexual contact with a child. The allegations stemmed from an investigation that largely involved conflicting accounts between the applicant and his ex-wife. At the center of the case were accusations that the applicant failed to respect his teenage daughter’s personal boundaries and engaged in physical contact that he viewed as protective but that others interpreted as inappropriate.

Over the course of a year, the applicant participated in multiple hearings and ultimately stood trial. He was eventually acquitted of all charges. During this period, he also completed counseling sessions designed for individuals accused of sexual offenses.

Despite the acquittal, the DOE administrative judge determined that there remained a reasonable basis to believe the underlying conduct had occurred. The judge further noted that the applicant did not fully accept responsibility for his actions and that the conduct was relatively recent. As a result, the mitigating factors were deemed insufficient, and the applicant’s request to have his security clearance eligibility reinstated was denied.

The case serves as a reminder that in the security clearance process, an acquittal or dismissal of criminal charges does not automatically resolve underlying security concerns. Adjudicators evaluate the totality of the circumstances and may reach conclusions that differ from those reached in a criminal court proceeding. You can read the entire appeals case here.