Shall I voluntarily give up my Sec. Clearance?

[Anthsusa]

What is the name of your state? North Carolina

I was granted SC in October and one week later I received a DWI. My lawyer believes that the speeding charge will not hold in court since suppossedly I was over the speed limit for half a block. But that stop led to my walking tests (which I passed) and the breathalizer test which regrettably I failed. If the speeding charge does not hold, the rest of the case gets dropped.

I am fraught with anxiety... and I wonder if I should just "return" my SC (not needed for my job) before it is taken from me. I hate to notify them of a DWI. What would be worse? I have taken the alcohol assessment test and classes "just in case".

ThanksWhat is the name of your state? North Carolina

 

[quincy]

It might help you if you read the "Reapplying for Security Clearance" posted below. I listed some of what is looked at in issuing (or in that poster's case re-issuing) security clearance.

A major factor when determining who gets security clearance is how honest the person is in reporting violations - and if the reporting of any infractions is done voluntarily. For this reason, it might behoove you to report the speeding and DWI charges before "returning" your clearance. It will probably help that you have already taken the alcohol assessment test and classes. It shows maturity on your part. But I am not sure whether reporting your "potential" violations and then having your clearance revoked is better than withdrawing your clearance on your own, without reporting the violations. That you should probably determine after speaking with your attorney.

The concern will be whether this speeding and DWI is just a one-time occurance, or if it is likely to happen again. And an additional concern will be that this infraction occurred so soon after you were given security clearance. There is no way to guess at what the risk is of losing clearance with these particular charges against you.

You should definitely speak with your North Carolina attorney to see what the attorney believes is best in your situation. DO wait for other posters, however, who have much more knowledge about this than I have.

 

[Anthsusa]

Thanks for the reply.

Have some extra questions:

1) Which is the best legal firm to handle this type of problem with Security Clearance. Even though I live in North Carolina, isn't Sec. Clear. a federal matter? In all the papers they asked me to sign I do not recall seeing anything about how to handle this situation.

2) What role does my employer (who sponsored me in my Sec. Clearance) play in all of this?

3) Shall I tell my boss about my Dwi, or wait and see what transpires?

Thanks

 

[quincy]

The attorney best able to help you will depend, to a large degree, on what type of security clearance you have and who issued it (the DoD, the DoE, the DoJ, the CIA, or the Department of Homeland Security). You would want an attorney that is knowledgeable about, not only security clearances in general, but also about the particular department that issued your specific clearance.

The U.S. government determines which person or company is eligible for access to classified information, and there are different levels of clearance with different requirements as far as background checks and infractions allowed for clearance. It seems your employer received a security clearance for his facility, with you obtaining personal security clearance through his recommendation. Having a security clearance can often lead to a higher income, so to withdraw your clearance prematurely may affect your income in the future, even if you do not feel the clearance is necessary right now.

You may want to be honest with your employer about your pending speeding/DWI charge, as everything I have read about security clearances, honesty is a major factor in determining whether clearance will be issued or retained or withdrawn or revoked. If you no longer need a security clearance for your job, your employer may want to withdraw your clearance now so that his own facility clearance is not affected, but there is no way to know that for sure.

I don't know, Anthusa. THAT is why you should speak with an attorney first, before either approaching your employer or withdrawing your clearance voluntarily. It is a gamble to just wait and see what happens, however. The attorney handling your DWI may have some recommendations for you, if not advice specific to your situation at least advice about where to go for assistance.