If you’re facing allegations under Article 120b of the Uniform Code of Military Justice (UCMJ), your future may feel like it’s hanging in the balance. One of the most critical and often overlooked consequences of these allegations is the impact on your security clearance. Article 120b clearance risk refers to the threat these charges pose to your eligibility for maintaining or obtaining a security clearance. Whether you’re active duty or a federal contractor, being under investigation or formally charged under Article 120b—Engaging in Sexual Abuse of a Child—can trigger an immediate review of your trustworthiness, reliability, and judgment. For those in positions of sensitive national security, this risk could mean the difference between continuing a decorated career and being discharged or barred from future employment. In this article, we’ll break down what Article 120b allegations entail, how they affect clearance status, and what you can do to protect your career and reputation.
Understanding the threat: What does Article 120b clearance risk actually mean
Article 120b of the UCMJ criminalizes sexual acts with a child under 16, whether consensual or not under military law. The stakes are incredibly high due to the nature of the offense, which involves allegations of child sexual abuse. Because of its severity, even unproven accusations can jeopardize your career and clearance status. Article 120b clearance risk refers to how these allegations affect your ability to maintain a security clearance, which is often essential for military and government employment.
For example, a service member accused—though not convicted—might face suspension of duties involving classified material. Similarly, a civilian contractor under investigation could have their clearance temporarily revoked as part of a risk mitigation strategy. If your role requires access to confidential programs or secure installations, your clearance being at stake could halt your income and halt long-term career goals. The risk isn’t just legal—it’s personal, professional, and reputational.
Understanding the true impact of Article 120b clearance allegations
The real-world impact of Article 120b clearance risk extends far beyond courtrooms or commander offices. A single accusation can initiate a chain reaction of reviews, restrictions, and possible terminations. Even before a trial or board hearing occurs, your clearance may be suspended. Unfortunately, this often leads to job reassignment, restricted duties, or outright removal from sensitive duties pending an outcome. The ripple effects can damage your career progression irreparably.
Security clearance holders are expected to demonstrate solid moral character and trustworthiness. An Article 120b charge raises immediate concern with adjudicators. While the presumption of innocence exists in criminal proceedings, clearance reviews use a lower standard of evidence. What this means is that even unresolved allegations can lead to suspension, revocation, or denial of clearance renewal. Put simply, your entire career trajectory could change overnight.
- Scenario 1: An Army intel analyst receives Article 120b charges and instantly loses access to classified systems. Their career is paused indefinitely.
- Scenario 2: A civilian contractor is investigated under Article 120b. Their clearance is “flagged,” and they are barred from their worksite without pay.
- Scenario 3: A Navy officer under suspicion is transferred to non-operational duties. Promotion boards pass over him, citing the unresolved case.
Step-by-step guide: How does Article 120b clearance review proceed in the military
- Step 1: Allegations are reported and usually result in a formal command investigation. During this phase, a temporary suspension of clearance may be enacted.
- Step 2: If charges are filed, the case is referred to a court-martial or administrative hearing. At this point, your security office begins conducting a parallel adjudication review for clearance eligibility.
- Step 3: Depending on the outcome of both your legal case and the clearance review, you may face full revocation, continued suspension, or reinstatement of your security privileges.
How to respond: Pro tips for handling your Article 120b clearance vulnerability successfully
Common concerns: Your Article 120b clearance questions answered
How Gonzalez & Waddington helps clients facing Article 120b clearance hurdles
Gonzalez & Waddington is a respected law firm with decades of experience defending military service members and contractors facing serious allegations. The firm has represented clients in cases involving Article 120b and knows how to guide them through both the criminal process and the accompanying clearance review. Their approach is client-centered, recognizing that every case is unique and intensely personal. Whether responding to a criminal investigation, preparing for an administrative hearing, or challenging a clearance revocation, their legal team provides strategic, compassionate, and aggressive support.
By focusing on both the legal and career-related consequences, Gonzalez & Waddington delivers peace of mind through preparation and expertise. Their attorneys understand what’s at stake—not just your rank or job, but your dignity, future, and professional legacy.
