Failure to Appear in Court Due to COVID? What it Means for Your Clearance

The reality is most security clearance applications are as complex as the individuals submitting them. Straightforward questions or issues rarely make the news – or end up as a question on the ClearanceJobs Blog forum. A recent visitor’s story highlights the ‘multi-part’ aspect to most security clearance questions.

So, I’m on a security clearance for a new job opportunity, It’s working with Tricare west thus health-net federal services, just as a CSR. The previous two background checks both credit and general background came up positive since I’m working now. The issue at hand is I am worried about my EQIP. I have an open court case, that I am working on. The charge is for misdemeanor trespassing that has a bench warrant due to no show for court. In a whole different state at that. I explained on the EQIP that communication with the state appointed attorney has been not successful in scheduling a new court date, in addition to COVID-19. I have no felonies or anything else that would otherwise disqualify me, except that I worked at a gentlemen’s club during college, but I highly doubt that would cause issues. Please help; any advice is helpful and well appreciated.

Section 22: Police Record and a Security clearance

Unfortunately, failure to appear for your court date may result in additional criminal charges, and it sounds like that may be a factor in this case, due to the ‘no show’ reference. Depending on the state, the judge will issue a warrant for an arrest, surrendering bond money. Failure to Appear in Virginia, for example, is a Class 1 misdemeanor (0-12 months in jail and/or a fine of up to $2,500.00.

Continued communication should occur with the attorneys to work out the next available hearing.

In terms of the EQIP/SF-86, utilize all commenting areas to fully explain the traveling and COVID-19 situation. If this is an isolated event and was strictly for trespassing (no other associated charges), adjudicators will take that into consideration.

The section associated with criminal charges is section 22 on the SF-86:

• In the last seven (7) years have you been issued a summons, citation, or ticket to appear in court in a criminal proceeding against you? (Do not check if all the citations involved traffic infractions where the fine was less than $300 and did not include alcohol or drugs)
• In the last seven (7) years have you been arrested by any police officer, sheriff, marshal, or any other type of law enforcement official?
• In the last seven (7) years have you been charged with, convicted of, or sentenced for a crime in any court? (Include all qualifying charges, convictions or sentences in any Federal, state, local, military, or non-U.S. court, even if previously listed on this form).
• In the last seven (7) years have you been or are you currently on probation or parole?
• Are you currently on trial or awaiting a trial on criminal charges?

The best advice is to answer honestly – and to provide mitigating information. If COVID-19 was the reason for the no-show, or the reason the applicant was unable to contact the court, the more documentation around that, the better. But like all issues, the whole-person concept applies – the nature of the charge (trespassing) means the applicant has the luxury of answering no to many other questions, including if the arrest involved assault/battery, drugs, weapons, etc.

Working at a gentleman’s club legally is not a disqualifying factor to obtain security clearance. As long as your employment was legal and you do not try to conceal that stint in your job history, there are no issues regarding it.

Much about the clearance process resembles the Pirate’s Code: “more what you’d call guidelines than actual rules.” For this reason, we maintain ClearanceJobsBlog.com – a forum where clearance seekers can ask the cleared community for advice on their specific security concerns. Ask CJ explores questions posed on the ClearanceJobs Blog forum, emails received, and comments from this site. This article is intended as general information only and should not be construed as legal advice. Consult an attorney regarding your specific situation.