WHAT HAPPENS TO SECURITY CLEARANCE WITH DWI IN TEXAS?
A DWI is not an automatic disqualification for a security clearance in Texas. A DWI arrest or conviction will nevertheless trigger assessment of the individual’s continued eligibility to access classified information, and can result in revocation of a security clearance. Security clearances are a privilege granted by the US Government and eligibility in light of a DWI charge is ultimately decided on a case-by-case basis by weighing the several factors of the Adjudicative Guidelines for Determining Eligibility for Access to Classified Information.
ADJUDICATIVE GUIDELINES FOR DETERMINING ELIGIBILITY FOR ACCESS TO CLASSIFIED INFORMATION DWI TEXAS
The Adjudicative Guidelines for Determining Eligibility for Access to Classified Information are the eligibility criteria that control whether someone can access classified information, including after a DWI in Texas. These regulations do not reject a candidate automatically for a DWI. Instead, the candidate is evaluated by weighing a number of variables known as the “whole person concept.” These factors are found in 32 CFR § 147.2, and include:
- The nature, extent, and seriousness of the conduct;
- The circumstances surrounding the conduct, to include knowledgeable participation;
- The frequency and recency of the conduct;
- The individual’s age and maturity at the time of the conduct;
- The voluntariness of participation;
- The presence or absence of rehabilitation and other pertinent behavioral changes;
- The motivation for the conduct;
- The potential for pressure, coercion, exploitation, or duress;
- The likelihood of continuation of recurrence.
Each case is judged individually and the final call is made by the specific department or agency (the Adjudicator) of the security clearance. The deciding test in these assessments is whether granting the security clearance is clearly consistent with national security interests. If there is considerable doubt on this factor, the security clearance will be denied.
- Will a DWI cause the loss of a security clearance? Yes, if the DWI establishes conduct or character that is ultimately not trustworthy and not consistent with national security. In addition to the adjudicative factors above, federal regulations provide 13 guidelines for making this call, though only five of these guidelines apply to a DWI. These guidelines are:
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- Guideline E: Personal Conduct
- Guideline G: Alcohol Consumption
- Guideline H: Drug Involvement
- Guideline I: Emotional, Mental, and Personality Disorders
- Guideline J: Criminal Conduct
ADJUDICATIVE GUIDELINE E: PERSONAL CONDUCT
Guideline E “Personal Conduct” deals with conduct (including DWI cases) involving questionable judgment, untrustworthiness, unreliability, lack of candor, dishonesty, or unwillingness to comply with rules and regulations that could indicate the person may not properly safeguard classified information.
SPECIFIC CONDUCT THAT WILL NORMALLY RESULT IN REVOCATION OR DENIAL OF A SECURITY CLEARANCE INCLUDES:
(1) Refusal to undergo or cooperate with required security processing, including medical and psychological testing;
(2) Refusal to complete required security forms, releases, or provide full, frank and truthful answers to lawful questions of investigators, security officials or other representatives in connection with a personnel security or trustworthiness determination.
TOP CONDITIONS THAT COULD RAISE A SECURITY CONCERN AND MAY BE DISQUALIFYING FOR A SECURITY CLEARANCE ALSO INCLUDE:
(1) Reliable, unfavorable information provided by associates, employers, coworkers, neighbors, and other acquaintances;
(2) The deliberate omission, concealment, or falsification of relevant and material facts from any personnel security questionnaire, personal history statement, or similar form used to conduct investigations, determine employment qualifications, award benefits or status, determine security clearance eligibility or trustworthiness, or award fiduciary responsibilities;
(3) Deliberately providing false or misleading information concerning relevant and material matters to an investigator, security official, competent medical authority, or other representative in connection with a personnel security or trustworthiness determination;
(4) Personal conduct or concealment of information that may increase an individual’s vulnerability to coercion, exploitation, or duties, such as engaging in activities which, if known, may affect the person’s personal, professional, or community standing or render the person susceptible to blackmail;
(5) A pattern of dishonesty or rule violations, including violation of any written or recorded agreement made between the individual and the agency;
(6) Association with persons involved in criminal activity.
TOP CONDITIONS THAT COULD MITIGATE SECURITY CONCERNS AND WEIGH IN FAVOR OF A SECURITY CLEARANCE INCLUDE:
(1) The information was unsubstantiated or not pertinent to a determination of judgment, trustworthiness, or reliability;
(2) The falsification was an isolated incident, was not recent, and the individual has subsequently provided correct information voluntarily;
(3) The individual made prompt, good faith efforts to correct the falsification before being confronted with the facts;
(4) Omission of material facts was caused or significantly contributed to by improper or inadequate advice of authorized personnel, and the previously omitted information was promptly and fully provided;
(5) The individual has taken positive steps to significantly reduce or eliminate vulnerability to coercion, exploitation, or duress;
(6) A refusal to cooperate was based on advice from legal counsel or other officials that the individual was not required to comply with security processing requirements and, upon being made aware of the requirement, fully and truthfully provided the requested information;
(7) Association with persons involved in criminal activities has ceased.
ADJUDICATIVE GUIDELINE G: ALCOHOL CONSUMPTION
The overarching concern under Adjudicative Guideline G is that excessive alcohol consumption can lead to the exercise of questionable judgment, unreliability, failure to control impulses, and increases the risk of unauthorized disclosure of classified information due to carelessness.
TOP ALCOHOL CONDITIONS THAT COULD RAISE A SECURITY CONCERN AND MAY BE DISQUALIFYING FOR A SECURITY CLEARANCE INCLUDE:
(1) Alcohol-related incidents away from work, such as driving while under the influence, fighting, child or spouse abuse, or other criminal incidents related to alcohol use;
(2) Alcohol-related incidents at work, such as reporting for work or duty in an intoxicated or impaired condition, or drinking on the job;
(3) Diagnosis by a credentialed medical professional (e.g., physician, clinical psychologist, or psychiatrist) of alcohol abuse or alcohol dependence;
(4) Evaluation of alcohol abuse or alcohol dependence by a licensed clinical social worker who is a staff member of a recognized alcohol treatment program;
(5) Habitual or binge consumption of alcohol to the point of impaired judgment;
(6) Consumption of alcohol, subsequent to a diagnosis of alcoholism by a credentialed medical professional and following completion of an alcohol rehabilitation program.
TOP ALCOHOL CONDITIONS THAT COULD MITIGATE SECURITY CONCERNS AND WEIGH IN FAVOR OF A SECURITY CLEARANCE INCLUDE:
(1) The alcohol related incidents do not indicate a pattern;
(2) The problem occurred a number of years ago and there is no indication of a recent problem;
(3) Positive changes in behavior supportive of sobriety;
(4) Following diagnosis of alcohol abuse or alcohol dependence, the individual has successfully completed impatient or outpatient rehabilitation along with aftercare requirements, participates frequently in meetings of Alcoholics Anonymous or a similar organization, has abstained from alcohol for a period of at least 12 months, and received a favorable prognosis by a credentialed medical professional or a licensed clinical social worker who is a staff member of a recognized alcohol treatment program.
ADJUDICATIVE GUIDELINE H: DRUG INVOLVEMENT
Adjudicative Guideline H relates to improper or illegal involvement with drugs that raises questions regarding an individual’s willingness or ability to protect classified information. The concern is that drug abuse or dependence, including in drug-based DWI cases, may impair social or occupational functioning, and increase the risk of an unauthorized disclosure of classified information. In this section drugs are defined as mood and behavior altering substances, including those listed in the Controlled Substances Act of 1970, as amended (e.g., marijuana or cannabis, depressants, narcotics, stimulants, and hallucinogens), and Inhalants and other similar substances.
TOP DRUG CONDITIONS THAT COULD RAISE A SECURITY CONCERN AND MAY BE DISQUALIFYING FOR A SECURITY CLEARANCE INCLUDE:
(1) Any drug abuse (defined as the illegal use of a drug or use of a legal drug in a manner that deviates from approved medical direction);
(2) Illegal drug possession, including cultivation, processing, manufacture, purchase, sale, or distribution;
(3) Diagnosis by a credentialed medical professional (e.g., physician, clinical psychologist, or psychiatrist) of drug abuse or drug dependence;
(4) Evaluation of drug abuse or drug dependence by a licensed clinical social worker who is a staff member of a recognized drug treatment program;
(5) Failure to successfully complete a drug treatment program prescribed by a credentialed medical professional. Recent drug involvement, especially following the granting of a security clearance, or an expressed intent not to discontinue use, will almost invariably result in an unfavorable determination.
TOP DRUG CONDITIONS THAT COULD MITIGATE SECURITY CONCERNS WEIGH IN FAVOR OF A SECURITY CLEARANCE INCLUDE:
(1) The drug involvement was not recent;
(2) The drug involvement was an isolated or aberration event;
(3) A demonstrated intent not to abuse any drugs in the future;
(4) Satisfactory completion of a prescribed drug treatment program, including rehabilitation and aftercare requirements, without recurrence of abuse, and a favorable prognosis by a credentialed medical professional.
ADJUDICATIVE GUIDELINE I: EMOTIONAL, MENTAL, AND PERSONALITY DISORDERS
Guideline I deals with emotional, mental, and personality disorders, including those caused by the legal or substance abuse ramifications of a DWI case, as they can cause a significant deficit in an individual’s psychological, social and occupation functioning. Federal regulations treat these disorders as security concerns because they may indicate a defect in judgment, reliability, or stability.
TOP EMOTIONAL, MENTAL, AND PERSONALITY CONDITIONS THAT COULD RAISE A SECURITY CONCERN AND MAY BE DISQUALIFYING FOR A SECURITY CLEARANCE INCLUDE:
(1) An opinion by a credentialed mental health professional that the individual has a condition or treatment that may indicate a defect in judgment, reliability, or stability;
(2) Information that suggests that an individual has failed to follow appropriate medical advice relating to treatment of a condition, e.g., failure to take prescribed medication;
(3) A pattern of high-risk, irresponsible, aggressive, anti-social or emotionally unstable behavior;
(4) Information that suggests that the individual’s current behavior indicates a defect in his or her judgment or reliability.
TOP EMOTIONAL, MENTAL, AND PERSONALITY CONDITIONS THAT COULD MITIGATE SECURITY CONCERNS AND WEIGH IN FAVOR OF A SECURITY CLEARANCE INCLUDE:
(1) There is no indication of a current problem;
(2) Recent opinion by a credentialed mental health professional that an individual’s previous emotional, mental, or personality disorder is cured, under control or in remission and has a low probability of recurrence or exacerbation;
(3) The past emotional instability was a temporary condition (e.g., one caused by a death, illness, or marital breakup), the situation has been resolved, and the individual is no longer emotionally unstable.
ADJUDICATIVE GUIDELINE J: CRIMINAL CONDUCT
The concern in Adjudicative Guideline J is that a history or pattern of criminal activity, including repeat DWI cases, creates doubt about a person’s judgment, reliability and trustworthiness.
TOP CRIMINAL CONDUCT CONDITIONS THAT COULD RAISE A SECURITY CONCERN AND MAY BE DISQUALIFYING FOR A SECURITY CLEARANCE INCLUDE:
(1) Allegations or admissions of criminal conduct, regardless of whether the person was formally charged;
(2) A single serious crime or multiple lesser offenses.
TOP CRIMINAL CONDUCT CONDITIONS THAT COULD MITIGATE SECURITY CONCERNS AND WEIGH IN FAVOR OF GRANTING A SECURITY CLEARANCE INCLUDE:
(1) The criminal behavior was not recent;
(2) The crime was an isolated incident;
(3) The person was pressured or coerced into committing the act and those pressures are no longer present in that person’s life;
(4) The person did not voluntarily commit the act and/or the factors leading to the violation are not likely to recur;
(5) Acquittal;
(6) There is clear evidence of successful rehabilitation.
WHAT DISQUALIFIES YOU FROM SECURITY CLEARANCE?
Security clearance disqualifications include recent criminal conduct establishing a person is not trustworthy, has a fraudulent character, and is otherwise susceptible to the unauthorized disclosure of classified information. Lying about the pendency of a DWI or other criminal charge and refusing to participate in any related medical, substance abuse, or psychological testing can also reject a security clearance in Texas.
- What can hurt security clearance? Any conduct demonstrating questionable judgment is a red flag for a security clearance. This can include not fully disclosing past criminal conduct, excessive alcohol consumption or drug abuse. Additionally, a DWI case can indicate a refusal to obey laws and also a compromising substance abuse disorder, which are two security clearance red flags.
These actions are not automatic disqualifiers and security clearance candidates should be prepared to show significant evidence of rehabilitation and that any such unfavorable conduct is a one-time thing.
- How long does a DWI stay on your background check in Texas? DWI cases stay permanently on background checks in Texas. Even dismissed DWI cases appear permanently on Texas criminal records. The only way to clear a DWI background in Texas is by expungement.
WHAT IS THE ALCOHOL QUESTION ON THE SF-86?
The four alcohol use questions of the SF-86 Form are found in section 24 of the questionnaire. They are as follows:
- In the last seven (7) years has your use of alcohol had a negative impact on your work performance, your professional or personal relationships, your finances, or resulted in intervention by law enforcement/public safety personnel?
- Have you EVER been ordered, advised, or asked to seek counseling or treatment as a result of your use of alcohol?
- Have you EVER voluntarily sought counseling or treatment as a result of your use of alcohol?
- Have you EVER received counseling or treatment as a result of your use of alcohol in addition to what you have already listed on this form?
Individuals who answer “Yes” to any of these questions must provide specific details regarding dates, times, and the circumstances of these events.
- Can you get a security clearance if you drink alcohol? Yes, use of alcohol is not a security clearance disqualification. The concerns which can actually result in a disqualification are excessive alcohol use and alcohol-related incidents that illustrate questionable judgment, unreliability, failure to control impulses, and increase the risk of unauthorized disclosure of classified information due to carelessness or alcohol intoxication.
WHAT IS CHECKED FOR SECURITY CLEARANCE?
The security clearance process performs a comprehensive investigation of the entire candidate, including their criminal history, psychological and emotional health, professional and educational background, and interviews with friends, family, and associates.
Ultimately, the goal in this investigation is to ensure the candidate can be entrusted with delicate security matters. Therefore anything that reflects on the candidate’s trustworthiness and integrity is fair game. This includes a candidate’s employment background, military service, marital/relationship status, financial history (including any civil judgments, bankruptcies, etc), and any foreign travel, contacts, and activity.
- What shows up on a security clearance check? Essentially everything shows up on a security clearance check. National intelligence agencies employ powerful tools when reviewing applicant backgrounds. This is why candidates are advised to fully disclose all relevant matters during their application and interview.
WHAT PERCENTAGE OF PEOPLE FAIL SECURITY CLEARANCE?
Generally, fewer than 10 percent of people fail to get a security clearance. It’s important to note these figures naturally vary across the field and security agencies are not always forthcoming with such data, for practical reasons.
- What are my chances of getting a security clearance? The chances of getting a security clearance are real. The ideal applicant will complete all required paperwork and fully disclose any requested information. Candidates with criminal history, and any incidents of drug or alcohol abuse, should be prepared to provide compelling mitigation, including evidence of treatment and rehabilitation.
- Can you get fired if security clearance is denied? Yes. Many companies require a valid security clearance for employment and remain free to discharge any employee who does not meet qualifications.
CAN SECURITY CLEARANCE BE REVOKED?
Yes, security clearances are a privilege granted by the federal government. They can be revoked whenever an agency determines an individual’s ability to safeguard intelligence matters is sufficiently compromised.
- What gets security clearance revoked? A security clearance gets revoked when it is determined that continued access is not clearly consistent with the interests of national security. This can arise by any event demonstrating the individual is not trustworthy, like emotional instability, compelling evidence of allegiance to another country, repeat criminal conduct, or a debilitating mental disorder or substance abuse infirmity. The final call is made by evaluating “the whole person,” which is all the known circumstances including any mitigation.
- Can I get my security clearance back? Yes, if the individual can conclusively demonstrate that any prior disqualification has subsided. However, a new SF86 may be required in certain circumstances.
DISMISSED DUI AND SECURITY CLEARANCE?
Security clearance applicants must disclose the existence of dismissed DUI charges upon request. A DUI dismissal or a DUI jury trial acquittal is nevertheless a compelling mitigating factor to present during the security clearance adjudicative process. Successful security clearance applicants will emphasize a DWI (Driving While Intoxicated) or DUI (Driving Under the Influence) dismissal along with rehabilitation of any conduct giving rise to these charges.
- 2 DUI security clearance? Security clearance applicants with 2 or more DUI charges must be prepared to demonstrate positive changes in behavior supportive of sobriety and that they do not have a substance abuse addiction. This will ideally consist of:
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- Proof the individual has successfully completed impatient or outpatient rehabilitation along with aftercare requirements,
- Proof the individual participates frequently in meetings of Alcoholics Anonymous or a similar organization,
- Proof the individual has abstained from alcohol for a period of at least 12 months, and
- Proof the individual received a favorable prognosis by a credentialed medical professional or a licensed clinical social worker who is a staff member of a recognized alcohol treatment program.
- Can you get a security clearance with DUI? Yes, a DUI alone will not reject a security clearance or application. The candidate must fully disclose the existence and details of the charge upon request. They must also be prepared to demonstrate this was not a recurring pattern of behavior and present proof of rehabilitation, such as successful completion of probation or deferred adjudication in Texas.
CAN YOU GET A SECURITY CLEARANCE WITH A MISDEMEANOR?
Yes, a misdemeanor alone is not a security clearance disqualification. Nevertheless, the successful security clearance applicant will demonstrate the charge was an isolated incident, successful rehabilitation, and honest, trustworthy character. Candidates facing misdemeanor charges should consult an experienced criminal defense lawyer for an optimal security clearance application and any related criminal law questions.
- SF85P DUI? An individual must still disclose the existence and details of a DUI arrest and charge on an SF85P Questionnaire for Public Trust Position where appropriate. The SF85P questionnaire is a shorter, less intrusive form than the SF86 as it pertains to Public Trust clearance and not a security clearance.
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