DWI in DC with Security Clearance

What is the name of your state? Washington DC

Greetings,

I am hoping to get some advice on the forum. Only a few days ago, I was pulled over and charged with DWI in the District of Columbia. I have a crystal clear record and for the first time in my life such an unfortunate event took place. I do not have any prior conviction whatsoever. I am also a government contractor with a TS security Clearance.

I have heard that the District may dismiss the charges in return for some community service and and probation/trial for one year.

If there's no conviction, would it still appear on my record as an arrest? Would this harm my current security clearance or will I end up loosing my job?

Any advice would be greatly appreciate it.

Regards,
Yahuda

I had a similar sitiuation happen to me a few months ago. I had a crystal clear record and I caught a retail theft (yea I know, STUPID mistake.) I was able to get the charge withdrawn in peliminary court but I'm currently in the process of getting that expunged. In order to get your situation expunged, you're most likely going to have to serve a year probation. I know in Pennsylvania we have the ARD program which requires a year, maybe two, of probation with fines and community service. It's designed for first-time offenders. I don't know if they have that program in DC. Even after serving a year probation, your record isn't automatically expunged. The process can take a few months. You have to draft a petition and order of expungement. You may also have to appear in front of a judge to be expunged.

oyahuda said:

If there's no conviction, would it still appear on my record as an arrest?

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Yes.

Would this harm my current security clearance or will I end up loosing my job?

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Give us a break!!!
How the hell would we know what YOUR employer might do??

Leland KB said:

I had a similar sitiuation happen to me a few months ago. I had a crystal clear record and I caught a retail theft (yea I know, STUPID mistake.) I was able to get the charge withdrawn in peliminary court but I'm currently in the process of getting that expunged. In order to get your situation expunged, you're most likely going to have to serve a year probation. I know in Pennsylvania we have the ARD program which requires a year, maybe two, of probation with fines and community service. It's designed for first-time offenders. I don't know if they have that program in DC. Even after serving a year probation, your record isn't automatically expunged. The process can take a few months. You have to draft a petition and order of expungement. You may also have to appear in front of a judge to be expunged.

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Thank you for you kind and informative response, I really appreciate it. Yes, DC has the same laws and I've told that it might be one year probation and some community service. We have the same program in DC, I believe it's called 'Deferred' something?

So, after a year probation, once I apply for it to be expunged; it can take several months but during the probation period it will still show on my record if I were to apply for another job, correct?

Thanks again and God bless.

Yahuda

Yes the probation will remain on your record until your expungement is complete.

And of course, what happened to one person (who claims the same when it never is) has NOTHING to do with what might happen to you.

Since when is a DWI an "Unfortunate Event"? I alway thought of unfortunate events as things like... your house burning down...or getting hit by a meteor...but a DWI is a criminal choice that one makes....

baystategirl said:

Since when is a DWI an "Unfortunate Event"? I alway thought of unfortunate events as things like... your house burning down...or getting hit by a meteor...but a DWI is a criminal choice that one makes....

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The 'unfortunate' event was that he was caught. Imagine all the times that he was DWI and did not get caught!!

The only good advice and information has come out of 'Leland' and I truly appreciate it.

Everyone else is full of ****! Instead of giving good advice the rest of are just B.S.Ing...

I know that it was my mistake and a bad choice that I made, it's not like I robbed, killed, or raped someone. It was an unfortunate event because I never had to face such a harsh and humiliating treatement ever before in my life! The cops never even read me my rights, they did not even, for a second, listen to my pleas! It's worst than being in Nigeria if you get caught in DC. I would compare it to any other communist country.

The cops even took my ATM card and pin code, well, the next day I log into my online bank account and I find a $100 withdrawl! That night I never used the ATM in DC. Oh well, I am going to have it investigated but **** happens...

Once again, I thank 'Leland' for all of the good info.

Best Regards,

Unfortunately some people on this website have the tendancy to post their personal opinions instead of just giving useful advice. And you know what they say about opinions,,,,,they are like ********, everyone has one.
Just ignore them and take only the useful information.

The arrest will always appear on your security background check - even with expungment. Alcohol or drug arrests are an issue with security clearences because it demonstrates you can't be trusted to make the right choice.

So, when you complete an application, a security review, or are questioned about your criminal arrest record, always report the DWI. If you don't, you committed another crime and your security clearence will undoubtable be pulled.

Thanks to both of you, I really appreciate it.

Ozark_Sophist said:

The arrest will always appear on your security background check - even with expungment. Alcohol or drug arrests are an issue with security clearences because it demonstrates you can't be trusted to make the right choice.

So, when you complete an application, a security review, or are questioned about your criminal arrest record, always report the DWI. If you don't, you committed another crime and your security clearence will undoubtable be pulled.

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I will never lie about it whenever I'm asked about it again; however, are you sure about it appearing on my record even with expungement? Why go through the expungement process if it'll show anyways?

Thanks again,

oyahuda said:

I will never lie about it whenever I'm asked about it again; however, are you sure about it appearing on my record even with expungement? Why go through the expungement process if it'll show anyways?

Thanks again,

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It will hide it from the casual checker (insurance companies, non-government background checks). The security investigators don't need to play by the rules everyone else does. Further, during the security investigations for clearances beyond SECRET, they are going to inquire to the police where you live (have lived) as well as your friends, coworkers, and neighbors, and chances are at least one will have heard of your DUI and mention it.

oyahuda said:

I will never lie about it whenever I'm asked about it again; however, are you sure about it appearing on my record even with expungement? Why go through the expungement process if it'll show anyways?

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And as usual, Flying Ron (??) is 110% NOT correct.

Expungement only removes the arrest record from 'normal' searches (pretty anyone who is NOT in law enforcement). It does nothing about the arrest record. To 'remove' that, you would have to have the record sealed..... a much harder (and often prohibited) process.