Various careers require some form of security clearance, such as jobs in government and the military, as well as in medical, education, telecommunications, and financial sectors. People working in these roles may have access to classified information, depending on their level of clearance. However, being convicted of misdemeanor reckless driving charges could affect a person’s ability to obtain this clearance or to continue working in a position that requires it. Because of the potential consequences of driving-related offenses on your military security clearance, consider contacting a Virginia traffic lawyer at Driving Defense Law by calling (757) 929-0335 to learn more about your legal rights.
What Constitutes Reckless Driving?
According to the Office of Justice Programs (OJP), reckless driving happens when motorists operate a vehicle dangerously, showing a disregard for the possible harmful consequences. According to the Code Of Virginia sections 46.2-852 through 46.2-869, which outline the laws regarding reckless and improper driving, driving recklessly is a class 1 misdemeanor. Various acts may be defined as reckless driving, including:
- Driving over 85 mph or 20 mph over the speed limit
- Operating a vehicle with faulty brakes or inadequate handling capabilities
- Failing to yield the right of way
- Racing
- Driving too quickly for the road conditions at the time of the incident
- Failing to signal correctly
- Driving a vehicle overloaded such that the driver’s view is obstructed
- Improper passing, which may cover a number of specific circumstances under Virginia’s traffic laws
Understanding Military Security Clearance
A security clearance grants certain individuals a special status, typically pursuant to a rigorous background check, and enables them to access classified information or enter restricted areas. The Department of Defense conducts and manages this process for the military. During the required investigations, the focus is on assessing the following areas of the applicant’s conduct and character:
- Trustworthiness
- Honesty
- Financial responsibility
- Reliability
- Loyalty
- Criminal activity
- Credit
- Emotional stability
What Are the Different Levels of Security Clearance?
The level of clearance needed varies depending on the role and type of information the employee will require to complete his or her duties. In the United States military, the following levels of security clearance may be used:
- Confidential: Unauthorized information disclosure of this level may damage the country’s national security
- Secret: An unauthorized disclosure of information in this category could potentially cause severe national security damage
- Top Secret: Information of this type might have extremely negative implications concerning national security if disclosed without authorization
- SCI/SAP: Classified information deemed more sensitive than that falling under Top Secret clearance is referred to as Special Access Programs (SAP) or Sensitive Compartmented Information (SCI) and requires additional clearance to access
More detailed information about the implications of reckless driving charges on each level of military security clearance may be available. If you are facing charges of traffic violations in Virginia, an experienced attorney from Driving Defense Law may be able to help.
Does a Criminal Record Fail Security Clearance?
Whether having a criminal record results in a failure to obtain security clearance depends on the employer and the required clearance level. Felony convictions may lead to the loss of an employee’s clearance. A person can lose a security clearance for committing a range of crimes, such as driving under the influence, petty theft, or shoplifting, as these can indicate that the person lacks the trustworthiness necessary to handle national secrets. The following factors influence whether a person convicted of a crime could lose or fail to obtain security clearance:
- Pattern and history of criminal activities: A history of committing crimes generally results in doubts about the person’s reliability, judgment, and trustworthiness. Another influencing factor is when the person has admitted to criminal wrongdoing or has faced allegations, even when not formally charged. Whether the crime committed was a single serious activity or a pattern of several lesser offenses also has an impact.
- Mitigating factors: Some examples of considerations that might mitigate the effect of a criminal conviction on a person’s ability to obtain security clearance include the recency of the activity, whether the court acquitted the person, and whether it was a one-off event. Another consideration may be whether the individual involuntarily committed the act or was coerced.
How Does a Reckless Driving Conviction Affect Security Clearance?
A conviction for driving recklessly is a more serious criminal charge than a minor traffic infraction that results in a ticket. While a conviction of this type will not automatically bar a person from getting security clearance, the following factors can have an impact:
- Position within the military
- Current security clearance level
- Previous conviction for driving recklessly, or history of misdemeanor convictions
As a person progresses in a military career, he or she may obtain a more advanced security clearance with stricter maintenance requirements. The lowest level of security clearance might only consider felony convictions, whereas higher clearance levels may consider lesser offenses if they suggest patterns of reckless behavior.
Should You Inform an Employer of a Reckless Driving Conviction?
Many employees can refer to their employee handbook to ascertain whether it is necessary to report a conviction for driving recklessly to their employer. However, anyone who is serving in the military must inform their commanding officer if they are arrested for driving recklessly.
Depending on the branch of the military in which the individual is serving, the penalties for a violation of this type can vary and may include an impact on the person’s security clearance. Driving recklessly does not result in an automatic failure to obtain clearance, but it can easily affect an individual’s reliability, honesty, loyalty, and trustworthiness rating.
Contact a Virginia Traffic Law Attorney Today
Convictions for driving recklessly could have severe, lasting consequences for an individual’s security clearance and career. There are many circumstances that could lead to a charge for reckless driving, and each case is unique. If you are facing reckless driving charges, consider speaking to a seasoned Virginia traffic law attorney from Driving Defense Law. Learn more about the impacts of reckless driving charges on military security clearance by calling (757) 929-0335 to schedule a consultation today.
