Will a Massage Turned Prostitution Event Have a Happy Ending for this Clearance Applicant?

2020 was a strange year, and as people were forced to stay home, loneliness took hold in the U.S. and around the globe. Retreating to our humble abodes, some may have searched for affection to help distract themselves from the unknown of furloughs and night after night of take-out sitting in front of the black mirror. Isolation may have provoked people to search for comfort in unusual places: pornography use soared as porn sites reported higher traffic numbers, pages like OnlyFans saw new subscriber increases, and this security clearance holder searched for a helping hand at a massage parlor in California:

JohnnyDoe writes: During the pandemic, I went to a massage parlor for prostitution twice in the recent year but stopped. I don’t know how much of an issue it is if I only ever went twice in my entire life during a time everyone has been isolated for a quite a while. I have never engaged in prostitution before, nor do I find myself doing so in the future. My college doctor knows as well as only one close friend. This happened in California. How much of an issue is this when it comes to blackmail? And will this negate me from having a security clearance especially for the polygraph test.

REPORTING CRIMINAL BEHAVIOR

Is prostitution legal in California? No, it is not. Both for the sex worker and the solicitor. And if there was a clear exchange of currency for sex, then you engaged in criminal activity. Even though there were new laws that went into effect in 2020 that protect individuals from criminal charges if they report specific crimes to police officers, that would not apply here. However, if you were never charged with a crime, answer the questions that are specifically asked on the SF-86. The document does not inquire if you engaged in illegal activity and never got caught. It asks the following on criminal activity:

• 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?
• 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?
• 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 POLYGRAPH EXAM

Once you obtain a security clearance and go through a poly examination, you will definitely need to disclose the circumstance of prostitution if a ‘have you ever engaged’ criminal activity question is asked. Be honest about your feelings during a time of isolation, and your promise to not engage in criminal activity in the future.

If this is your only criminal activity to reveal, your hopes of becoming a security clearance holder look promising.

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.