Your career. Your clearance. Your future. All at risk.
If you hold a security clearance — or you’re applying for one — and a criminal charge, financial issue, or personal conduct concern is threatening that clearance, you need a defense attorney who understands what’s at stake. Losing your clearance doesn’t just end a job. It can end your career in the defense and intelligence community permanently.
At Southern Maryland Criminal Defense, we represent military servicemembers, government employees, defense contractors, and intelligence professionals facing security clearance investigations, denials, suspensions, and revocations across Southern Maryland — including Joint Base Andrews, Naval Air Station Patuxent River, Indian Head Naval Surface Warfare Center, and the broader DoD and intelligence community workforce throughout Charles County, Calvert County, St. Mary’s County, and Prince George’s County.
Call for a free, confidential consultation: (240) 339-2365
Why Security Clearances Are Different
Security clearance cases aren’t standard criminal matters. They involve a completely separate adjudication process governed by federal guidelines — and the consequences often extend far beyond what happens in a courtroom. A criminal charge that might result in probation or a fine in state court can simultaneously trigger a security clearance review that ends your ability to work in the defense sector.
The Department of Defense adjudicates clearances under the Adjudicative Guidelines for Determining Eligibility for Access to Classified Information. These guidelines evaluate 13 areas of concern, and any issue flagged during a periodic reinvestigation, self-report, or arrest can trigger a review — even if the criminal case is eventually dismissed.
That’s why having an attorney who understands both the criminal defense side and the clearance implications is essential. Every decision we make in your criminal case — from how we negotiate charges to what we put on the record — is made with your clearance in mind.
Common Threats to Your Security Clearance
Criminal Conduct (Guideline J)
Any arrest or criminal charge — even one that doesn’t result in a conviction — can raise concerns under Guideline J. DUI, domestic violence, assault, drug offenses, theft, and other criminal charges are among the most common triggers for clearance reviews. A single arrest can prompt your Facility Security Officer to file an incident report, initiating a review of your eligibility.
Alcohol Consumption (Guideline G)
DUI and DWI arrests are one of the most frequent reasons clearance holders face adjudicative action. Even a first-offense DUI can trigger a review, and multiple alcohol-related incidents create a pattern that adjudicators take very seriously. How your DUI case is resolved in criminal court — the specific charges, the disposition, and whether treatment is completed — directly impacts your clearance outcome.
Drug Involvement (Guideline H)
Any drug use, possession, or distribution charge is treated severely in the clearance context. Marijuana remains illegal under federal law, and any marijuana-related charge — even in a jurisdiction where it’s been decriminalized — is a serious clearance concern. Drug involvement while holding a clearance is considered an aggravating factor that makes revocation more likely.
Financial Considerations (Guideline F)
Significant debt, bankruptcy, tax liens, and financial irresponsibility can all jeopardize your clearance. Adjudicators view financial problems as potential indicators of vulnerability to coercion or bribery. If you’re facing criminal charges related to financial crimes — fraud, embezzlement, theft — the clearance implications are compounded.
Personal Conduct (Guideline E)
Dishonesty, rule violations, and questionable judgment fall under Guideline E — and this is often where clearance cases are won or lost. Failing to self-report an arrest, providing inaccurate information on your SF-86, or demonstrating a pattern of poor decision-making can be more damaging to your clearance than the underlying criminal charge itself.
Domestic Violence and Protective Orders
Domestic violence charges carry unique clearance consequences. Under federal law — specifically the Lautenberg Amendment — a conviction for a misdemeanor crime of domestic violence permanently prohibits you from possessing firearms. For military and law enforcement personnel, this effectively ends your career. Protective orders, even temporary ones, must be reported and can trigger clearance reviews.
How We Protect Your Clearance While Defending Your Case
Most criminal defense attorneys focus exclusively on the courtroom outcome. We take a broader approach because we understand that a “successful” criminal resolution can still destroy your clearance if it’s not handled strategically.
Here’s how we approach security clearance defense differently:
Clearance-Conscious Case Strategy
From the moment you hire us, every decision is evaluated through two lenses: the criminal case outcome and the clearance impact. Certain plea agreements, dispositions, and even the specific language used in court documents can make the difference between keeping and losing your clearance. We know which outcomes adjudicators view favorably and which ones raise red flags.
Charge Reduction and Dismissal
The best outcome for your clearance is having the charges dismissed or significantly reduced. We aggressively pursue dismissals, nolle prosequi, acquittals, and Probation Before Judgment when appropriate — each of which carries different weight in the clearance adjudication process.
Building Your Mitigation Record
Clearance adjudicators consider the “whole person” — not just the incident itself. We help you document rehabilitation, treatment completion, character references, and other mitigating factors that demonstrate the incident was isolated and that you’ve taken responsibility. This documentation can be critical when responding to a Statement of Reasons (SOR) or during a clearance appeal.
Self-Reporting Guidance
Failing to self-report an arrest or legal issue is often more damaging than the incident itself. We advise you on what to report, when to report it, and how to frame the disclosure to your security office — balancing your legal rights in the criminal case with your reporting obligations as a clearance holder.
The Security Clearance Review Process
Understanding the clearance review process helps you make better decisions about your criminal case. Here’s what typically happens when a security concern is identified:
Incident Report: Your FSO or command files a report with the Defense Counterintelligence and Security Agency (DCSA) or your agency’s security office. This can be triggered by an arrest, self-report, financial flag, or periodic reinvestigation.
Investigation: DCSA or the relevant agency investigates the concern. This may include interviews with you, your references, coworkers, and neighbors. The investigation report is forwarded to your agency’s Central Adjudication Facility (CAF).
Adjudication: The CAF reviews the investigation and applies the Adjudicative Guidelines. They evaluate the seriousness of the concern, the presence of mitigating factors, and the “whole person” concept. The CAF may grant, deny, or revoke your clearance.
Statement of Reasons (SOR): If your clearance is proposed for denial or revocation, you’ll receive an SOR detailing the specific concerns. You have the right to respond in writing with evidence and explanation. Your response to the SOR is one of the most important documents in the entire process.
Appeal: If your clearance is denied or revoked, you may have the right to a hearing before the Defense Office of Hearings and Appeals (DOHA) or your agency’s appeals board. Having experienced legal representation at this stage can make a significant difference in the outcome.
Who We Represent
Southern Maryland is home to one of the highest concentrations of security clearance holders in the nation. We represent clients across every branch and sector of the defense and intelligence community, including:
Active-duty military stationed at Joint Base Andrews, NAS Patuxent River, Indian Head NSWC, and other installations throughout Maryland. Military personnel face the added complexity of both UCMJ and state criminal jurisdiction, plus the clearance implications.
DoD civilians working across the defense agencies headquartered in or near Southern Maryland. A criminal charge can jeopardize not just your clearance but your federal employment, retirement benefits, and career trajectory.
Defense contractors employed by the major contractors operating in Southern Maryland — from large prime contractors to small subcontractors. For contractors, losing a clearance typically means immediate termination and difficulty finding comparable employment.
Intelligence community professionals holding SCI access and polygraph clearances. IC clearances involve additional layers of adjudication and stricter standards. The stakes are higher, and the margin for error is smaller.
Veterans and transitioning servicemembers who need their clearance for post-military careers in the defense sector. A clearance earned through years of service can be lost to a single incident if not handled properly.
Your Defense Team
Jeremy B. Widder
10+ Years of Criminal Defense Experience
Jeremy spent nine years as an Assistant State’s Attorney in Charles County before founding Southern Maryland Criminal Defense. That prosecutorial experience gives him unique insight into how criminal cases are built — and how to dismantle them. He has tried over 60 jury trials and understands how to achieve outcomes that protect both your criminal record and your security clearance.
Kathryn Batey
Criminal Defense Attorney
Kathryn is a former Deputy District Public Defender who brings years of courtroom experience defending clients charged with serious crimes. Her dedication to client advocacy and her thorough approach to case preparation make her an asset for clearance holders navigating the intersection of criminal law and federal security policy.
Frequently Asked Questions About Security Clearances and Criminal Charges
Will a DUI cost me my security clearance?
Not necessarily — but it depends on how it’s handled. A single DUI, properly resolved with demonstrated rehabilitation, is often survivable. However, multiple DUIs, a DUI combined with other issues, or a DUI that’s poorly handled in court can lead to revocation. The criminal case strategy matters enormously. Learn more about DUI defense in Southern Maryland.
Do I have to report my arrest to my security officer?
In most cases, yes. Clearance holders are generally required to self-report arrests, charges, and other reportable incidents within a specified timeframe. Failure to report can be treated as a separate and sometimes more serious security concern under Guideline E (Personal Conduct). We advise you on exactly what to report and how.
Can I get my clearance back after a revocation?
It’s possible but difficult. After a revocation, you typically must wait one year before reapplying. A successful reapplication requires demonstrating that the conditions leading to revocation have been resolved and that you’ve been rehabilitated. Having strong documentation of mitigation — which we help you build during the criminal case — significantly improves your chances.
What if my charges are dismissed — does my clearance stay safe?
A dismissal is the best possible outcome for your clearance, but it doesn’t guarantee safety. Adjudicators can still consider the underlying conduct, even if charges are dropped. However, a dismissal combined with strong mitigating evidence puts you in the strongest possible position during any clearance review.
I’m a contractor — what happens if my interim clearance is suspended?
An interim clearance suspension can mean immediate removal from your project and potential termination. Time is critical. You need an attorney who can move quickly to resolve the underlying criminal issue while working to preserve your employment. We understand the urgency contractors face and prioritize these cases accordingly.
Does Probation Before Judgment (PBJ) protect my clearance?
PBJ is not a conviction under Maryland law, and it can be favorable in the clearance context — but it’s not invisible to adjudicators. Federal security investigators will still see the underlying charge and the PBJ disposition. The key is combining a PBJ with documented rehabilitation and mitigation. Read more about PBJ in Maryland.
Serving Southern Maryland’s Defense Community
We represent security clearance holders throughout Southern Maryland, with a deep understanding of the military and defense installations that drive this region’s economy and workforce:
Charles County: Waldorf, La Plata, Indian Head — home to the Naval Surface Warfare Center and a large population of DoD civilians, contractors, and military families.
St. Mary’s County: Lexington Park, Leonardtown, California — centered around Naval Air Station Patuxent River and the Naval Air Systems Command (NAVAIR), one of the largest employers in the region.
Prince George’s County: Upper Marlboro, Oxon Hill, Joint Base Andrews — a hub for military personnel, federal employees, and contractors working across multiple defense and intelligence agencies.
Calvert County: Prince Frederick, Dunkirk, Solomons — home to many clearance holders who commute to installations across the region.
Related Resources
For more information about criminal charges and their impact on security clearances in Maryland, explore these resources from our team:
First DUI in Maryland: What to Expect — What happens after your first arrest and how to protect your clearance from day one.
Does a DUI Stay on Your Record Forever in Maryland? — How long a DUI remains visible and what it means for your background investigation.
Penalties for Drug Possession in Maryland — Understanding the criminal penalties and how they interact with Guideline H concerns.
What Is a Domestically Related Crime in Maryland? — How Maryland defines domestic offenses and the Lautenberg Amendment implications.
Probation Before Judgment in Maryland — How PBJ works, what it means for your clearance, and when it’s the right strategy.
How Long Does Expungement Take in Maryland? — Clearing your record and what adjudicators can still see after expungement.
Unregistered Firearm Charge in Maryland — Firearm charges and their serious implications for military and law enforcement clearance holders.
Arrested in Charles County, Maryland — What you need to know immediately after an arrest near Indian Head or Waldorf.
Don’t Let a Criminal Charge End Your Career
Your security clearance represents years of trust, service, and professional investment. A criminal charge puts all of that at risk — but with the right defense strategy, you can protect both your freedom and your career.
Jeremy Widder and Kathryn Batey defend clearance holders facing criminal charges throughout Southern Maryland. We understand the dual stakes you face, and we build every case strategy with your clearance in mind.
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