There is a chronic medical condition that affects millions of drivers in this country. You may have heard of it: lead foot. The chief sign is a speeding ticket. The primary symptom, a lightening of your wallet.
Absent the rare reckless idiot who actually deserves a citation, most people who receive citations are, in this author’s opinion, simply victims of state and local revenue-generating schemes. Fortunately, the federal government doesn’t care much if your shiny new sports car happened to catch Barney Fife’s eye. Security clearance holders need not report a traffic citation under $300.
But what about motorists who live, for example, in California – where virtually every violation on the books exceeds that amount? And are there ever times where that smaller citation can become a problem?
Fines vs. Fees
With regard to the former, the key is to carefully read the relevant language on the SF-86 form. That document states that you may lawfully not report a traffic infraction where the “fine” is under $300. In many states – California in particular – the vast majority of the amount that a driver actually pays to the court is various “fees” that are tacked on by the courts and the state legislature. Examples include “court construction fees,” “disability access fees,” and “victim compensation fund” fees. The important thing to understand is that, legally speaking, “fees” are not the same as “fines.” Too many security clearance holders create needless problems for themselves by simply reporting the entire amount they paid a court. Upon request, most courts will provide a breakdown of what the driver is paying on a particular citation. Look for anything labeled a “fine” or a “penalty assessment” and conduct your calculations accordingly. Be sure to keep the court paperwork in the event that you later need it to support your position that a particular citation was not reportable.
There are, however, times where a citation under $300 can still become a problem. Often, that is because the offense code the officer cited under is a misdemeanor, and thus considered an arrest that must be reported on the SF-86. Common examples include reckless driving, driving without a license, or driving with an open container of alcohol. An “arrest” should not necessarily be equated with physical custody; a driver can be cited and released on a misdemeanor. In that case, you will need to report the situation no matter what the fine. Security clearance holders who are unsure how a particular fine is classified should call the court in question. Offense categorizations vary from state to state.
A ‘reckless’ pattern
Unfortunately, there is one other situation where traffic citations can cause problems: when a security clearance holder has been cited numerous times for otherwise minor issues. In that case, although the individual tickets are not reportable, they can still be aggregated by security clearance adjudicators to form the basis for a security clearance denial on grounds of “personal conduct” and an apparent refusal to follow societal norms and rules. Usually this happens when the security clearance holder received the citations in their home city or county and they are uncovered during a routine background (re)investigation. Early intervention by an experienced security clearance attorney is one way to help mitigate fallout.
The bottom line is that, while security clearance problems due to traffic citations are rare, they do happen occasionally. When they do, they often could have been avoided with a bit of strategic planning or a closer reading of the SF-86 form.
This article is intended as general information only and should not be construed as legal advice. Consult an attorney regarding your specific situation.
