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I have a Class 1 Misdemeanor that will be Dismissed next April. I was never arrested, but showed up on an arrest report for charges differnt than mine, "obscene calls" -- basically, I left my Ex have it, and she filed charges. They will be dropped next year. Will this impede me from getting a DHS clearance? Or ever a Top Secret w/ Poly?

2007-09-28 15:35:45 · 2 answers · asked by mw451 5 in Politics & Government Law & Ethics

I was Summonsed, but never arrested. I did show up on an arrest report, with the wrong date and charge. My case will be Dismissed, provided I do not call my Ex, which I have no intention to.

I Virginia, being served a Summons is not the same as being arrested, so this is what confuses me. How can I show up as being arrested when I wasn't?

The Summons had a Court Date, and Charge, that was it. I do have an atty, so that is not an issue.

Like I said, the charges will be dropped/dimissed in April 2008. I s a DHS Clearance hard to get?

I'm sure it like Top Secret w/ full poly. I can pass that, except for this charge against me.

2007-09-29 11:46:00 · update #1

2 answers

Probably! If you get it dismissed, you STILL need to see an attorney. It SHOW UP on your record unless you have the arrest itself removed.

2007-09-28 15:54:49 · answer #1 · answered by cyanne2ak 7 · 0 0

Any criminal offense can and will keep you from getting high level security clearance. DHS I don't think is all that strict. How did you manage to get a criminal charge without an arrest... that does not make sense at all. If you were never placed under arrest, how could you possibly face a criminal charge of any sort? By definition, your story makes no sense. If you have a misdemeanor on your record and without an arrest, you should immediately have that expunged. Call a criminal atty.

Addition:
You need to have your attorney or you, to make a Motion before the Court to have that crap dealt with. It should not require that drastic of an action, but if necessary it needs to be eliminated from ANY record. What is this crap about 'being dropped'? ya de ya de ya de? There is nothing 'to drop' if there is not an arrest, are they like threatening that you might be arrested now or in the future on that ancient 'incident'? That my friend is highly illegal if that is the case. Something here just does not ring true...

All security clearances are designed to be 'difficult', many require that your friends, neighbors and co-workers to be interviewed as to your character and stuff like that. DHS probably has several levels of security clearances, a baggage screener may not have to have the same level of clearance as say an armed sky marshal... so no matter, it is just my opinion, but getting some action of this 'charge that will be dropped' will solve the matter, will it not?

2007-09-28 22:45:44 · answer #2 · answered by Blitzpup 5 · 0 0

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