For security clearance holders in Virginia, being arrested or even just accused of a criminal offense can have a detrimental impact on your security clearance status and employment. As a result, it is important you seek the counsel of a Virginia criminal defense attorney with experience working with security clearance holders as soon as possible to go over your case, it’s potential impact, and to begin building a defense. The following is more on how a criminal charge can impact a security clearance and how an attorney should approach these cases.
Security clearances can absolutely be affected by a criminal charge or a conviction. If you have been charged with a criminal offense you should check with your employer or your local security officer to find out what you must disclose, even at the time of your arrest. Failure to make a proper disclosure may have security clearance consequences. In addition, you should work with your criminal defense attorney to understand which charges you may be facing and how they may affect your security clearance. Sometimes the charge will have no effect, and other times just the charges themselves, regardless of the outcome, will have a very detrimental effect.
It varies on a case-by-case basis and depends not only on the type of offense with which the person is charged, but also on the type of clearance they have and the type of employer responsible for their clearance.
A client’s security clearance status may affect how aggressive they can be with their case. What this means, is if the client chooses to take a case to trial, they should be aware that the result of the trial could have security clearance consequence that may result in a more active period of plea discussions or a non-trial resolution. Other times it is the reverse when a person who has a security clearance; they may be more apt to go to trial because they are not able to take any plea negotiations which will result in a conviction. So it really depends on the case. As a defense attorney, we approach every case and every security clearance as a fresh case and new opportunity to explore potential results.
Our firm has handled many different cases with individuals who have a wide variety of security clearances. Our attorneys are aware of what we need to look for, what steps must be taken, who should be notified and how security clearances should be addressed. These things vary on a case-by-case basis, so it is important to approach it that way.
Northern Virginia Criminal Defense Group
