Articles Tagged with collateral consequences

Getting arrested for a DUI in DC or another criminal offense can have a serious impact on an individual’s security clearance. In addition, someone who has past criminal charges applying for a security clearance may have issues obtaining the clearance depending on several factors. The purpose of this post is to answer some frequently asked questions about the impact of DUI or criminal charges on an individual’s security clearance.

What is a security clearance?

Military personnel, government employees, and government contractors may need access to certain classified information as part of their jobs. Accordingly, the federal government has devised a regulatory scheme to issue licenses for individuals to access this information. There are typically three types of security clearances. A confidential security clearance is the lowest level of clearance. Second, a secret clearance is the next level up. Finally, top secret is the highest level of clearance. Public Trust and Controlled Unclassified are lower designations that do not constitute security clearances but typically involve a background check. The level of access to information needed will usually determine what level of clearance the applicant needs.

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In the District of Columbia, when an individual gets arrested for a DUI or DWI, the police officer is supposed to serve the individual a “Notice of Proposed Revocation.” The Notice instructs the person arrested that they must request a hearing with DC DMV within 10 days otherwise their DC driver’s license will be suspended. If the person arrested has an out of state license, the proposed notice of revocation instructs them to request a hearing within 15 days. If the arrested person with an out of state license fails to request a hearing within 15 days, that person will lose their driving privileges in In the District of Columbia.

If an individual fails to request the hearing but continues to drive they could get arrested for operating after suspension (“OAS”) or operating after revocation (“OAR”). Those crimes are separate misdemeanors that carry a maximum penalty of one year in jail and/or a $5,000.00 fine. While most people get unsupervised probation if convicted for those crimes, getting arrested while having a pending DUI case can definitely lead to some jail time. In addition, convictions for OAS and OAR also carries 12 points with the DC DMV. A DUI combined with an OAR or OAS arrest or conviction can lead to serious license problems. Its like digging a hole you cannot get out of.

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