Security Clearance After a Child Safety Investigation.

Last Updated on: 4th August 2026, 01:33 am

While an allegation alone does not automatically decide your eligibility to maintain or receive a security clearance, the circumstances surrounding the allegation will be considered.

If you deliberately omit information on your SF-86, this could create separate concerns related to personal conduct that could adversely affect your eligibility.

These issues with your SF-86 form will be a matter of serious concern during the security clearance review process as concealment can be considered a serious and willful act of misconduct.

In some cases, an attempt to conceal an allegation may end up causing a security clearance concern when a candid disclosure would not have.

In summary, we see the following scenarios where a child safety investigation can affect a client’s security clearance (or security clearance review):

1. CPS investigation

Having a CPS investigation can negatively impact your security clearance review, regardless of whether an arrest was made or criminal charges filed.

2. Prosecutor’s decision not to pursue charges

While a prosecutor’s decision not to pursue charges means that you will not face criminal prosecution, it does not necessarily remove the allegations from your record.

The finding of CPS investigators or the existence of certain records may matter in a security clearance review even in cases where the decision not to file criminal charges is based on a lack of evidence.

3. Weak mitigation

Even in cases where the allegations are fully substantiated, weak mitigation can result in a security clearance concern.

For example, if you have an active security clearance and the investigation is going to negatively impact your ability to work your job, there could be concerns about your judgment to continue working.

Can CPS affect clearance if there are no charges

The Basics of Security Clearance Adjudications

As stated above, the federal government does not issue or take away security clearance access because of a criminal or non-criminal allegation or finding alone.

When the federal government has to make a decision about whether to allow or deny security clearance access, it follows a different set of standards than a court.

A criminal trial is used to determine if a defendant is guilty of the charge of a crime beyond a reasonable doubt.

A security clearance adjudication is administrative in nature, and it is governed by administrative standards and a different set of procedures.

Generally, these procedures require that access be granted only when doing so is clearly consistent with the interests of national security, and any doubt is resolved in favor of national security. Once the government meets its initial burden of proving controverted facts and conduct that raises a disqualifying condition, the burden shifts to you to present evidence in rebuttal, explanation, or mitigation.

The adjudicating agency’s analysis will address the following:

1. Serious of Allegation

The adjudicating agency will examine how serious the allegation is, how recent the alleged event is, and the frequency of any prior allegations involving similar allegations.

They will also consider any evidence that you are committed to continuing a law-abiding life.

2. Security Clearance Concerns

When child safety is involved, the investigation can raise several concerns, including your judgment, reliability, trustworthiness, or whether criminal conduct was involved.

Even if you are not charged with a crime, police contact involving alleged or admitted criminal conduct can be a security clearance concern.

This could be particularly true in cases where your job involves handling sensitive information or working in close contact with the public.

Again, this will be weighed against any evidence that you can mitigate the concern, and you may have an excellent record of performance in your career that the adjudicating agency considers during its adjudication.

3. The “Whole-Person” Analysis

A security clearance adjudicator has to consider all relevant factors in their “whole-person” analysis.

So while the adjudicating agency might consider your alleged misconduct and any previous issues, they will also consider all other factors in your case.

This includes your performance record, your reputation, your length of service, and any other mitigation factors you have available.

The goal is to make an informed decision that reflects a fair assessment of all pertinent circumstances.

Do I have to report a CPS investigation

1. Clearance Questionnaire and Interview

Depending on your role, position, and rank, your clearance questionnaire can reach an incident that did not lead to a criminal finding.

Whether an allegation is a security clearance concern is decided based on your job position.

For example, if you have to report for your job to maintain a valid security clearance and it is one of the conditions, and your alleged offense makes you ineligible, then that constitutes a security clearance concern.

The interrogation questions will be similar to the questions in the SF-86 form, and the answers you provide should be consistent.

At a security clearance adjudication, candor and consistency are central to a candidate’s credibility.

2. SF-86 Police Records Instructions

SF-86, the Questionnaire for National Security Positions, does not only ask for a disclosure of incidents that appear on police records.

The instructions for SF-86 clearly state: “ For this section, report information regardless of whether the record in your case has been sealed, expunged, or otherwise stricken from the court record, or if the charge was dismissed. You need not report convictions under the Federal Controlled Substances Act for which the court issued an expungement order under the authority of 21 U.S.C. 844 or 18 U.S.C. 3607. Be sure to include all incidents whether occurring in the U.S. or abroad.

You MUST disclose these offenses if:

• You were arrested and charged, but the charges were dropped without a court finding;
• A court dismissed the case after a trial, or the court found you not guilty;
• A court found you had no criminal record due to a youth offense;
• You received a pardon;
• You have never disclosed the offense to an employer, regardless of whether it is public knowledge.

You must also disclose offenses that were sealed or expunged.”

3. Agency Interrogatories

Beyond the SF-86, there may be additional agency interrogatories that will ask about your background in more detail.

Some of these additional agency interrogatories ask specifically for information about any child abuse investigation, including CPS investigations.

4. Continuous Vetting

The federal government is now doing continuous vetting of cleared personnel and contractor employees.

This does not eliminate an obligation for self-reporting incidents that are security-significant.

This is a significant problem with the assumption made by many cleared personnel and contractor employees.

5. Contractor Clearance Holders

For contractors, a facility security officer is a cleared employee designated by the company to administer its security program and serve as the point of contact with the Defense Counterintelligence and Security Agency, and is usually not the employee's direct supervisor.

Contractor employees usually report security-significant incidents to their facility security officers directly.

6. Reporting for Domestic Violence and Abuse

While some agencies do not require reporting for domestic violence, some agencies require reporting if a protective order is issued by a court, even if no arrest was made.

If you have been accused of child abuse, you should be prepared to report this.

The interrogation questions you will receive will specifically ask about this.

7. How to disclose a pending CPS case

If you have a pending child abuse investigation with CPS, you should be truthful about this in your response.

A candid disclosure regarding a pending CPS case will not inherently lead to a negative outcome.

In addition, you should be mindful of the limits of confidentiality imposed by the court system, and you should disclose information about your case consistent with the requirements of the court.

1. Screened Out and Unfounded CPS Findings

Generally, the fact that a child abuse referral was screened out or that a CPS investigation resulted in an unfounded finding has the following meaning:

• Screening Out: This means that the agency declined to investigate the referral.
• Unfounded: This means that the child abuse allegations were not substantiated.

While these findings typically do not present security clearance concerns on their own, they can lead to security clearance concerns in other situations.

For example, if you are asked about these findings and you falsely state that you have never been the subject of a CPS investigation, this could be interpreted as a deliberate false statement that could affect your eligibility.

2. Indicated, Founded, and Substantiated CPS Findings

An indicated, founded, or substantiated child abuse allegation indicates a concern for the child’s safety and the support of agency officials.

The terminology used by agencies that have a child safety system differs from state to state.

If you are looking at the report of the CPS investigator, you should review your child abuse registry listing.

An entry in a child abuse registry is an administrative record and not a criminal conviction.

Generally, a child abuse registry listing can be a concern when the allegations in the registry result in a child safety concern.

3. Pending CPS Findings

If the CPS investigation is still pending and you are required to report an allegation for your security clearance, you must be cautious.

Since no finding has been made by the state agency yet, the agency adjudicating your security clearance will have to decide whether to approve the request for clearance or hold the request pending further information.

The investigator’s report will identify whether a child was harmed as a result of the alleged incident and how the risk can be mitigated.

The investigator’s findings can cause concern for the adjudicator, and you will need to show your ability to mitigate the risk.

4. Dependency Court Dismissals

When there is no criminal finding, it does not necessarily mean that there is no record of the incident.

A dependency case is an administrative case and a judge’s decision to dismiss a dependency case can be quite different from a judge’s decision to dismiss a criminal case.

While you will not be in need of additional defense if the case is dismissed, you must still make sure that the finding (or lack of a finding) will not affect your security clearance.

5. Removing an

Allegation from the Child Abuse Registry

Removal of an entry from the child abuse registry does not erase any information you have disclosed to the federal government.

It can be evidence for mitigation, but removing the alleged abuse from the child abuse registry may not be sufficient to remove all concerns from the adjudicator. This is the point at which most people call a lawyer. Spodek Law Group takes federal criminal defense cases nationwide from its New York and Los Angeles offices.

How should I answer while a CPS case is pending

1. Be Mindful of Your Words

If you have to respond to the security clearance interview or questionnaire while your CPS investigation or case is pending, be very careful about your answers.

Written explanations will become part of the administrative record and will be read during your security clearance review.

Since you must speak candidly while addressing allegations in your response, these written explanations can become difficult to dispute.

When answering during a pending CPS proceeding, you should address (i) the facts that you dispute in the allegations; and (ii) the orders that you know to be in effect.

You should also be truthful with the investigator and adjudicator about how you are handling the situation.

2. Custody Dispute and Retaliation

If your CPS case arose during a custody dispute with an ex-spouse or former partner, this context can be important.

If the child abuse allegation is made by your ex-spouse or former partner, the allegation may be retaliatory in nature, and this information may help to contextualize the incident.

However, calling the allegations retaliatory will not necessarily be sufficient to mitigate the concerns, and you should also be prepared to answer the following:

• What did the child say about the abuse?
• What facts do you have that support the allegation?
• What safety measures have been taken?

The more details you are able to provide, the better.

Avoid making assumptions about your ex-spouse’s motivations, and focus on explaining what you have done to address the risk.

3. Protective Orders and De Novo Appeals

If a judge has issued a protective order against you, it may be subject to de novo review.

If you are appealing the protective order and have a de novo appeal, a new judge will not be bound by the findings of the first judge.

If the de novo appeal results in a decision to dismiss the protective order, the adjudicator will still look at the underlying conduct.

If there were concerns regarding child abuse, the judge’s dismissal may not necessarily remove your need to provide the information during your security clearance review.

4. Security Reporting and Disclosure

If you are in a security-relevant role, you have an ongoing obligation to report events that impact your clearance.

While your lawyer may advise you not to disclose the information for your defense, this may not be an option if you are required to disclose the information to the agency.

A full disclosure will address (i) that there is a protective order; (ii) that you are appealing the protective order; and (iii) that you dispute the underlying abuse allegation.

What evidence mitigates abuse or neglect allegations

1. Documentation

While being honest and candid is critical in all aspects of your case, that is not enough to mitigate the child abuse allegation itself.

You also have to support your explanation with documents that substantiate your claim.

A weak mitigation package that contains nothing but the response to the SF-86 is likely to result in a denial of your security clearance.

You will need to gather a comprehensive set of exhibits, and these exhibits must be credible.

The following are some examples of documents that can support your defense and mitigation efforts:

Parenting Courses and Education

If you have completed a parenting course, a certificate will show that you have taken steps to understand your parental responsibilities.

The specific details will depend on the nature of the allegations.

Family Therapy and Behavioral Coaching

If you were referred to family therapy and behavioral coaching, documenting your participation and completion of treatment can show the steps that you have taken to become a better parent or provide better care.

Compliance with Safety Plan

If you were ordered to comply with a safety plan, documenting your compliance will show that you are not only willing to comply but that you have also committed to improving yourself and your caregiving skills.

CPS Case Closure Letter

CPS closure letters can offer documentation to the effect that a CPS investigation has been terminated.

This is valuable if the agency adjudicating your security clearance is relying on information from an open CPS case.

Court Order

A court order showing that you have been given custody of the child or that a court order removing restrictions from your custody is also documentation that can be used in mitigation.

A court order showing that you have not been charged with a crime or that criminal charges were dismissed can also be used in mitigation.

2. Timeline

Creating a chronological timeline is a step that your security clearance attorney will likely advise you to take.

When putting the events in order, it will become easier to decide what steps are needed for mitigation.

3. Credible Witnesses

Testifying from credible witnesses can also serve as important evidence in mitigation.

If you have a former spouse or partner that will come to your aid, that can be extremely helpful.

While it would be ideal to have a witness who knows about the facts at hand and who can corroborate your story, this might not always be possible.

In this case, have a former employer or an individual that is respected in your community testify about your reliability, character, and professional reputation.

4. Redacting Documents

If you are disclosing documents related to a minor child, your lawyer will need to review them to see if any redactions are necessary.

All documents that are relevant to child safety and abuse should be handled with extreme care to avoid unnecessary disclosure.

If a federal agency requires the unredacted version, your lawyer should be able to work with the agency and a judge.

What Happens if My Access is Suspended During a CPS Review?

1. Statement of Reasons (SOR)

If the government has concerns about your security clearance, it will send you a document called a Statement of Reasons (SOR).

The SOR identifies each specific concern that could potentially make you ineligible for access.

Depending on the agency, the deadline to respond to an SOR can be anywhere from 20 to 60 days.

While it may not be appropriate to file for an extension in certain situations, missing the deadline to respond to an SOR can jeopardize your eligibility to hold a security clearance.

While it will be up to the adjudicator to make a determination, you should be prepared to address each concern identified in the SOR.

2. Burden of Proof

If you are a cleared individual or if you are applying to receive access, the burden of proof is on you to present evidence showing that the concerns raised by the adjudicating agency are mitigated.

3. Clearance Procedures

Security clearance procedures vary depending on your agency, position, clearance system, and whether you have a criminal record or are being reviewed for a crime or allegation that does not appear on your record.

If you have a current security clearance, there is a possibility that you will lose interim classified access while an investigation is pending.

This is because the investigators must examine the evidence and findings related to the allegations before they can grant access to classified information.

4. Security Clearance for Government Contractors

If you hold a security clearance for your government contractor job, this clearance will belong to the federal agency or the U.S. Armed Forces, and not to you.

Since a contractor employee cannot have a security clearance issued to them, it is instead an authorization to work in a specific role.

If the underlying reasons for the authorization are lost, the clearance employee is liable to lose their assignment or employment.

5. Impact on Military Personnel

Similar to the employment of civilian personnel in the federal government, for military members, if they do not have the necessary security clearance to hold their position or be deployed, they may be considered nondeployable.

6. Impact of a Dismissal on the Security Clearance Eligibility Determination

A case that is dismissed due to a lack of evidence or some other reason is not necessarily over.

If the allegations that triggered the case are potentially serious, these concerns could still present an issue for the security clearance eligibility determination.

You must be mindful that even if your case is dismissed, you will still need to show the agency that the allegations against you were not substantiated, or that the allegations were substantiated and you have since mitigated the risk.

Get Advice on Your Situation

If you want someone to look at the specifics of your case, Spodek Law Group handles federal criminal defense nationwide from New York and Los Angeles. The firm has been practicing since 1976 and its motto is simple: we owe loyalty to only you. Call 212-300-5196.