A conviction for indecent exposure, a serious criminal offense, can significantly impact your ability to obtain or maintain a security clearance, as it raises concerns about character, reliability, and potential vulnerabilities to coercion or blackmail.
One ClearanceJobsBlog parent reverted to acting their children’s age with a mooning incident toward another parent at the playground:
“I’m going for a Secret clearance with the DOD. About eight years ago, I did something stupid while drunk. I was arguing with a lady while at a playground where my kids and her kids were playing. I was having a rough week, so I brought my flask and was sipping whiskey while the kids played. We were arguing about how rough my kids were playing with her kids. Well, I lost my cool during the argument and I turned about, dropped my pants and undies, and gave the lady a full bare-a** moon.
Unfortunately, many kids witnessed this as well and someone caught it on camera. I was arrested by the police for indecent exposure and drunk in public, but I pleaded guilty to a disorderly conduct charge.
Since the Secret clearance only looks back 7 years, should I even report this? If I report it, will it affect my clearance chances?”
One background investigator notes, “While criminal history asks for 7 years, alcohol incidents are ever questions: Have you ever been charged with an offense involving alcohol or drugs…the charge itself does not have to be a DWI or PI to require listing. Since you were drinking alcohol as part of the incident, this is required to be listed.”
Security Clearance and Criminal Conduct
Security clearance decisions are based on the Adjudicative Guidelines, which consider various factors, including criminal conduct. Indecent exposure, a Class 1 misdemeanor in Virginia, can be a significant red flag in a security clearance investigation, as it demonstrates a lack of judgment and discretion. The government is concerned that individuals with a history of such behavior might be vulnerable to blackmail or coercion, potentially leading to the disclosure of classified information.
While a conviction for indecent exposure (or pleading guilty to a disorderly conduct charge relating to indecent exposure) can be a serious obstacle, there may be mitigating factors that could influence the outcome of a security clearance application, such as the length of time since the offense, the applicant’s rehabilitation efforts, and the nature of the incident. Most importantly, telling the truth is one of the biggest mitigating factors to get a crack at a clearance.
Disclosure and Consultation
If you have been charged or convicted of indecent exposure, it’s crucial to disclose this information to your employer or relevant security officials and consult with a security clearance attorney to understand the potential impact on your clearance eligibility. If you have a clearance, self-reporting an incident of this nature is key to avoiding any hurdles in losing your job.
Much about the clearance process resembles the Pirate’s Code: “more what you’d call guidelines than actual rules.” This case-by-case system is meant to consider the whole person, increase process security, and allow the lowest-risk/highest-need candidates to complete the process. This article is intended as general information only and should not be construed as legal advice. Consult an attorney regarding your specific situation.
