Legal Question in Employment Law in Maryland

will my security clearance be denied
I was just recently employed by the US Department of Agriculture. As part of the hiring process they must do a security clearance. Granted my job is level GS-4 as a clerk typist, but I have to ask will my past criminal background be grounds for dismissal. I was charged with theft of prescription [allergy] medication. I was given probation before judgement as long as I completed 100 hours of community service. After completing my community service my case was deemed nolle prosequi. Given the outcome, will I be fired from my government job and will my security clearance be denied?

Asked on 8/28/01, 9:36 pm

G. Joseph Holthaus III Law Offices of G. Joseph Holthaus

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Re: will my security clearance be denied

The outcome depends largely on two factors:

1. the gradation of security clearance (e.g., sensitive/critical, senstive/non-critical, etc.)

and 2. the type of security clearance and level of risk.

If you have the job and are performing prior to the completion of the security clearance, there is

not likely to be an issue with number two (above). However, an issue may lie with item one. This

may be mitigated by your supervisor "clearing" you based on "observed performance".

DISCLAIMER: NO LEGAL ADVICE IS PROVIDED HEREIN. IF YOU HAVE AN NEED FOR AN ATTORNEY, I MAY BE

RETAINED BY CONTACTING (410) 799-9002.

Answered on 9/22/01, 8:00 pm

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