In 2021, over 4.53 million arrests occurred in the United States. An arrest can be a horrible experience and an even more nightmarish event when required to report it to your security office. But do you have to disclose your arrest? Yes, you should when required under the Security Executive Agent Directive 3 and tailored agency guidelines. You may also be required to report an arrest within a certain number of days after the occurrence. In the era of Continuous Vetting (CV), the federal government now receives real-time alerts for criminal activity. This makes Self-Reporting an absolute legal necessity.
The SEAD 3 Reporting Requirement
Under Security Executive Agent Directive 3 (SEAD 3), all cleared individuals are required to report certain life events, including arrests, to their Facility Security Officer (FSO) or agency security office.
Timelines Matter: Many agencies require reporting within 24 to 72 hours.
Event vs. Outcome: You are required to report the arrest, even if you believe the charges are false or if they are eventually dismissed.
The Danger of Silence: Guideline E vs. Guideline J
If you wait for the government to find out through their automated systems, you face two distinct threats:
Guideline J (Criminal Conduct): Concerns regarding the underlying arrest.
Guideline E (Personal Conduct): A much harder-to-fight charge of "dishonesty" or "lack of candor" for failing to report.
Most security clearances are revoked not because of the arrest itself, but because the individual tried to hide it.
Balancing Your Security Report with Your Criminal Case
There is a significant risk in self-reporting: anything you say in your security disclosure could potentially be used against you in your criminal case. This is why you should never report an arrest without legal counsel.
We help you draft a compliant, professional disclosure that satisfies SEAD 3 requirements while protecting your constitutional rights in your criminal defense case.
Although the case may be eventually dropped or dismissed, an arrest is still considered an arrest. It may seem unfair for an arrest to report an arrest when the criminal case is in the preliminary stages. However, it is always important to follow the directive or agency guidelines to ensure compliance. Lastly, determine how much information is shared with the security office. It is crucial to be candid and provide sufficient information to satisfy your agency's requirements for self-reporting. It is imperative not to reveal too much information, which may cause issues in your criminal case.
Revealing your arrest does not guarantee a revoked security clearance, but being forthcoming will assist with mitigating factors. Self-reporting shows candor and responsibility. If you withhold your arrest, you may face allegations of untruthfulness which is harder to mitigate.
Contact The Security Clearance Professionals, at (904)884-5891, or email us at asya@securityclearancepro.com.
