DUI and Security Clearances

Although it is a crime to drive under the influence in the Commonwealth of Virginia, most people charged with a first-time DUI have never been in trouble with the law before. Other than the sense of shame that these otherwise law-abiding citizens may feel, there are implications that inevitably affect other aspects of their lives. If you’re charged with DUI in Virginia, what you disclose to your friends and family is usually a personal decision. This isn’t the case when it comes to your employer.

Whether you hold a security clearance or you’re applying for a government job that requires one, it’s a foregone conclusion that the background investigator is going to learn of your DUI arrest and any resulting sentence. Although government employers occasionally overlook minor driving infractions, a DUI arrest is generally significant enough to raise a red flag. Confidential, secret and top secret security clearances all require:

– A National Agency Check (NAC)-A computerized search of investigative files and other records held by federal agencies such as the Federal Bureau of Investigations (FBI) and Office of Personnel Management (OPM).

– A Local Agency Check (LAC)-A review of appropriate criminal history records held by local law enforcement agencies, such as police departments or sheriffs, with jurisdiction over the areas where you have resided, gone to school, or worked.

– Financial checks – A review of your Credit Record.

Source About.com

When it comes to jobs that require security clearances, not disclosing your DUI to an existing employer is out of the question and probably pointless—the agency will undoubtedly have your name “flagged,” and will be alerted when you’re arrested. Besides, if you’re an actual employee (as opposed to a contractor), the arresting agency will notify your employers as a matter of policy. Once your boss is aware of the arrest, the police report is relatively easy to obtain from the arresting agency. If you lie or simply fail to report a criminal arrest, you will be fired and may be subject to additional legal action. You’ll also render yourself unemployable for other job prospects—you certainly won’t work for the government again.

However, there are things that you can do to protect your job. If you hold a confidential, secret, or top secret clearance, it’s particularly important that you be proactive in your legal defense by contacting a reputable Virginia DUI attorney as early as possible. A DUI lawyer who has experience in dealing with the effects of drunk driving arrests on security clearances can assess the viability of the prosecutorial case against you and advise you of the best way to notify your employer. Truthfulness is important, but until you speak to an attorney, you won’t necessarily know what aspects of your case need to be disclosed.

If you are arrested for a DUI in the Commonwealth of Virginia, the first step is always to hire the services of an attorney who specializes in this area of the law. Protect your legal rights and the integrity of your security clearance by employing a DUI lawyer before taking any other action.