If you have access to classified information, you are required by law to self-report life events to your company or agency security officer – events like changes in personal status, foreign travel or contact, financial issues, or arrests, even if charges were filed or not. A DUI is certainly an event that should trigger a report to your FSO.

A ClearanceJobsBlog subscriber is coming up on a reinvestigation, and is concerned with a second DUI on their record:

Amended charge wet reckless in NoVa in 2017 and another back in 2008. I am up for reinvestigation for TS. I know they will draw a line and say I have a problem. 2008 has been mitigated in two reinvestigations but this one in 2017 will cause issues. I feel the two are isolated incidents due to the nature of these incidents. I know everyone will think otherwise. What are the steps that lay out the nature and mitigation when there are two alcohol related issues? Feel free to ask me to elaborate. I am preparing for the worse.
I think the counseling I just received from an attorney was not the best. Thank you.

An amended charge under “wet reckless” is a term that describes the outcome for a DUI. In some Virginia cases, after being charged with a DUI, the prosecutor may amend the charge to a reckless driving conviction as a part of a plea.

The incidents in this scenario are unclear, but one investigator notes that, “If the 2017 incident involved the police, the court or otherwise, you most likely would have had to report it to your security office.” If the poster failed, the situation could turn out to be more problematic.

William Henderson writes about alcohol issues and security clearances, and has said that when there has been no formal treatment, “persuasive evidence of abstinence or consistent responsible alcohol use for at least 12 months” could mitigate concerns while undergoing adjudication.

Ways to mitigate issues, generally, are if the problem is in the past/time passed, the problem is not very serious – which would depend on the specifics in this case – if you seek out rehab or counseling, and if you show positive changes in behavior. Note that seeking out treatment in and of itself is not a determining factor to revoking a security clearance and may contribute favorably to a decision about eligibility.

Two DUIs could show that you did not learn from the first incident. However, the security clearance process considers the whole person, and you should consult an attorney specific for security clearance issues, cross your fingers through the reinvestigation, and act accordingly if you do receive a Statement of Reasons (SOR).

 

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. 

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Katie Helbling is a marketing fanatic that enjoys anything digital, communications, promotions & events. She has 10+ years in the DoD supporting multiple contractors with recruitment strategy, staffing augmentation, marketing, & communications. Favorite type of beer: IPA. Fave hike: the Grouse Grind, Vancouver, BC. Fave social platform: ClearanceJobs! 🇺🇸