DUI Conviction in Virginia and Your Security Clearance

September 22, 2023 by Jean Humbrecht

Driving Under the Influence (DUI) charges in Virginia have several mandatory penalties, including fines, driver’s license suspension, Alcohol Safety Action Program (ASAP) classes, and in most situations, Ignition Interlock installation. However, there are many other potential consequences of a DUI conviction in Virginia, including increases in car insurance rates, employment, and even potentially a security clearance. For more information on a DUI conviction in Virginia and your security clearance, read the post below.

Multiple traffic or criminal convictions (or even criminal accusations that don’t result in convictions or even are not charged) could pose a problem for those trying to obtain or renew a security clearance. The reason is that such charges and convictions, if establishing a patttern, reflect poorly on judgment, character, or honesty.

Security clearances are required to access classified national security information or restricted areas. A person attempting to obtain a security clearance must go through a thorough background to check to ensure he or she is an acceptable security risk.

Once a person has a security clearance, there are usually renewal periods, but background checks can be performed at any time by examining any information that is lawfully and publicly available to security officials.

A security clearance can be revoked at anytime.

Reviewers use the following criteria when reviewing a security status or granting a clearance: Stability, trustworthiness, reliability, discretion, character, honesty, judgment, and unquestionable loyalty to the United States.

The Federal government uses thirteen guidelines when granting or renewing a security clearance.

allegiance to the united sttaes, foreign influence, foreign preference, sexual behavior, personal conduct, financial considerations, alcohol consumption, drug involvement and substance misuse, psychological conditions, criminal conduct, handling protected information, outside activities, and usse of information technology. The guidelines relevant to a DUI conviction or charge specifically are alcohol consumption, personal conduct, and criminal convictions.

For more information on factors used by security clearance reviewers during the review or renewal process, click here for the National Security Ajduicative Guidelines.

The Personal Conduct guidelines looks at a person’s history or ability to follow soecity’s norms and rules. It also covers a lot of factors that don’t fit neatly into the other guidelines. It could also include multiple instances of conduct thatmay technically be considered violations of one or some of the other guidelines but don’t rise to the level of security clearance denial or revocation. An inquiry into a persons personal conduct includes looking forinstances of questionable judgment, reliability, dishonesty, and an inability or unwillingness to follow rules and regulations.

Reviewers don’t necessarily look for one problem or violation, but a pattern of violations when examining personal conduct. A history of traffic or other convictions can demonstrate a pattern of rule violations.

 

DUI Conviction in Virginia and Your Security Clearance
  • 13 guidelines
    1. Personal conduct and criminal conduct
      1. Personal
        1. Refusing to follow society norms and rules
          1. History of rule violations (bad traffic record)
        2. Minor combined that doesn’t fit in another reviewable category
  • Traffic record combined with another issue (credit, for example) can cause a problem
  1. Criminal
    1. Again, following rules
    2. Even uncharged and allegations

 

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