Southern Maryland is home to thousands of active-duty military members, veterans, federal government employees, and defense contractors. Joint Base Andrews, the Patuxent River Naval Air Station, Indian Head Naval Surface Warfare Center, and numerous federal agencies employ a significant portion of the local workforce. For these individuals, a criminal charge carries consequences that extend far beyond the courtroom — threatening security clearances, military careers, government employment, and the financial stability of their families. At SoMD Criminal Defense, we understand these unique stakes and tailor our defense strategies to protect both your freedom and your career.
How Criminal Charges Affect Security Clearances
Security clearances are essential for most military and government positions in Southern Maryland. A criminal charge — even before conviction — can trigger a review of your clearance status. Under the federal adjudicative guidelines, criminal conduct is one of the specific areas of concern evaluated during clearance investigations and reinvestigations. The severity of the offense, the circumstances surrounding it, and how recently it occurred all factor into the determination.
A DUI arrest, a domestic violence charge, a drug offense, or even a serious misdemeanor can prompt your security officer to report the incident, leading to an investigation by the Defense Counterintelligence and Security Agency or the relevant agency’s security office. The investigation can result in suspension of your clearance while the review is pending — which effectively prevents you from working — or revocation of your clearance altogether.
For many of our clients in Charles County, Calvert County, St. Mary’s County, and Prince George’s County, the loss of a security clearance means losing their job. In some cases, it means leaving an entire career field where every available position requires clearance. This is why the resolution of the criminal case must be crafted with the security clearance implications in mind from the very beginning.
Impact on Military Service
Active-duty military members who face criminal charges in Maryland’s civilian courts face a dual track of consequences. In addition to the civilian case, the military chain of command may take independent action based on the same conduct. This can include non-judicial punishment under Article 15 of the Uniform Code of Military Justice, administrative separation proceedings, loss of rank or pay, unfavorable fitness or evaluation reports, and in some cases, court-martial proceedings for the same or related conduct under the UCMJ.
A civilian conviction for domestic violence has particular significance for military members. Under federal law, specifically the Lautenberg Amendment to 18 U.S.C. § 922(g)(9), anyone convicted of a misdemeanor crime of domestic violence is prohibited from possessing firearms. For military members, whose duties require carrying weapons, this effectively ends their ability to serve. The result is typically administrative separation with a characterization of service that can affect veterans’ benefits.
Even charges that do not result in conviction can have military consequences. A DUI arrest, an assault allegation, or a drug charge can result in administrative actions regardless of how the civilian case is resolved. This is why our defense strategy for military clients always considers both the civilian and military dimensions of the case.
Government Employment Consequences
Federal civilian employees face their own set of employment consequences when charged with criminal offenses. Most federal agencies require employees to report arrests and criminal charges to their supervisors or human resources departments. Failure to self-report can itself be grounds for disciplinary action. The agency may initiate an investigation, propose disciplinary action, or place you on administrative leave while the case is pending.
The consequences for federal employees depend on the nature of the offense, the employee’s position, and agency policies. Law enforcement officers, corrections officers, and employees in positions of public trust face heightened scrutiny. Convictions for crimes of moral turpitude, dishonesty, or violence are particularly damaging to federal employment. Even an arrest without conviction can damage career prospects and lead to reassignment or demotion.
Defense Strategies for Military and Government Personnel
Defending military and government employees requires a defense strategy that goes beyond avoiding conviction. In our years of practice serving clients at Joint Base Andrews, Pax River, Indian Head, and throughout Southern Maryland, we have developed approaches tailored to the unique needs of these clients.
Pursuing dispositions that minimize clearance and employment impact is central to our strategy. This may include negotiating probation before judgment, which avoids a formal conviction and may be viewed more favorably by clearance adjudicators. Pursuing dismissal or nolle prosequi eliminates the charge entirely. Negotiating charges down to offenses that are less likely to trigger clearance actions or employment consequences can also be effective.
Coordinating with military defense counsel is important for active-duty members. While we handle the civilian case, JAG attorneys or military defense counsel address the military dimension. We work collaboratively with military counsel to ensure that the civilian case resolution supports the best possible military outcome.
Building a mitigation package that addresses the underlying concerns of security adjudicators can help preserve a clearance even after a charge. This may include evidence of substance abuse treatment completion, character references from supervisors and colleagues, documentation of career accomplishments and service record, and demonstration of the steps taken to ensure the conduct will not recur.
Contact a Southern Maryland Criminal Defense Attorney
If you are a military member, government employee, or contractor with a security clearance facing criminal charges in Maryland, the stakes are uniquely high. At SoMD Criminal Defense, Jeremy Widder and Kathryn Batey understand the interplay between criminal charges and military and government employment consequences. We craft defense strategies that protect both your freedom and your career.
Call (301) 818-0389 or contact us online for a free consultation. We serve clients in Waldorf, La Plata, Prince Frederick, Leonardtown, Upper Marlboro, Oxon Hill, and throughout Southern Maryland. This article provides general information and should not be relied upon as legal advice for your specific situation.
Frequently Asked Questions
Do I have to report a criminal charge to my security officer?
In most cases, yes. Security clearance holders are typically required to self-report any arrests, charges, or convictions to their security officer. The specific reporting requirements depend on your agency’s policies and the type of clearance you hold. Failure to report can be treated as a separate basis for clearance revocation, even if the underlying charge would not have affected your clearance on its own.
Can I keep my security clearance after a DUI?
A single DUI does not automatically result in loss of a security clearance, but it will be considered during your clearance adjudication. Factors that affect the outcome include whether it is a first offense, whether alcohol abuse is an ongoing pattern, the steps you have taken to address the issue, and how long ago the offense occurred. Completing an alcohol education or treatment program and demonstrating responsible behavior afterward can help preserve your clearance.
Will a domestic violence charge end my military career?
A conviction for a misdemeanor crime of domestic violence triggers the federal firearms prohibition, which effectively prevents military service since members must be able to bear arms. Even without a conviction, domestic violence charges can result in administrative separation. The resolution of the civilian case is critical — achieving a disposition that avoids a domestic violence conviction, such as PBJ or dismissal, can help preserve your military career.
