A reader asks:
I was convicted of “underage purchase of alcohol” after using another individuals ID to buy beer when I was 19. The misrepresentation charge was dropped and I was given some community service, probation, and fines.
Only a few months later, I was given a citation for “misconduct at an emergency” by university police officer who confused my intentions during a dorm fire alarm. This charge was dropped pretty quickly once the facts were presented.
Last, while climbing a fence by a university I got hurt and when the ambulance arrived to take me to the hospital, a university police officer told me that he had to give me a “trespassing” citation in order to protect the university from a lawsuit. The officer was very understanding and I was not actually taken to court over that charge, but it had to be on record that he gave me a citation.
I acknowledge that looking at this, there appears to be a pattern but my intentions in the last two citation were truly innocent. Although the facts behind them would support that claim, that does not necessarily matter during a background investigation where those facts aren’t seen. The only CONVICTION I have on my record is the underage purchase of alcohol and everything on my record has been sealed.
I will be graduating in spring and have a strong desire to work in national security (Military, Intelligence Community, etc). Will I be disqualified for most security clearances based on the quantity of CITATIONS or will the one CONVICTION be the only point of concern.
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William H. Henderson, FEDCAS replies: It is possible to successfully mitigate most types of minor misconduct (even multiple incidents) like yours, if information about them is presented properly on security forms and during a security clearance interview. Any citation or arrest during the past 7 years must be listed on the SF86, even if the record has been expunged or sealed. If these incidents are the only unfavorable matters affecting your clearance eligibility, you have a reasonably good chance of obtaining a security clearance, provided you have conducted yourself in a responsible, reliable manner in all other aspects of your life. As I have often said in the past, the official disposition of a criminal charge or citation is not as important as what actually happened that resulted in the arrest or citation. This is because of the differences in the standard of evidence used in criminal cases as opposed to clearance determinations.
