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Can one receive a security clearance on a Felonoy "arrest and charge" only?

Asked Feb 16, 2010, 12:15 PM — 1 Answer
I may have an opportunity in the Middle East for a civilian contract. However it does require an interim security clearance, then they will conduct a background check and grant a secret security clearance. I've always had a clean record, However I was recently "arrested and charged" with 2 felonies. (Aggravated Assault w/ a Deadly Weapon, and Position of a Fire Arm in the commencement of a crime). (It was a domestic dispute only)

However it's so recent (within the last 2 weeks), I've not even been to court for an arraignment yet nor went to trial.

So My questions are:
1). Will I be able to get an interim security clearance in the interim although I was only "arrested and charged" But I've NOT been convicted of a felony?

2) Do I have to disclose that on the background questioner for the security clearance.

3) Will they still allow me to travel while I'm awaiting trail?

4) If this never makes it to trial and I accept a plea deal and get probation or something, will I ever be able to get a security clearance in the future? Or what are my other options?

1 Answer
JudyKayTee's Avatar
JudyKayTee Posts: 45,437, Reputation: 23563
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#2

Feb 16, 2010, 12:33 PM
How does the application read? Is it "have you ever been arrested ..." OR "have you ever been convicted"?

My suspicion is that you can't leave the State.

And if you do get the security clearance as soon as you are sentenced you will most probably lose it.

It was ONLY a domestic matter and it involved a firearm and assault? Yes, the people conducting your security clearance will care about this.
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