Can I Get a Security Clearance with a Felony?
Contents
Introduction
Obtaining a security clearance is a crucial step in many industries, including government, defense, and intelligence. A security clearance is a determination by the government that an individual is trustworthy and able to access classified information. However, for individuals with a felony conviction, obtaining a security clearance can be a daunting task. In this article, we will explore the answer to the question: Can I get a security clearance with a felony?
The Security Clearance Process
Before we dive into the impact of a felony conviction on security clearance, it’s essential to understand the security clearance process. The process typically involves the following steps:
- Step 1: Initial Application: The individual submits an application for a security clearance to the relevant agency, such as the Department of Defense (DoD) or the Department of State (DoS).
- Step 2: Background Investigation: The agency conducts a thorough background investigation, which includes:
- Credit Check: A review of the individual’s credit history.
- Employment Verification: Verification of the individual’s employment history.
- Education Verification: Verification of the individual’s education history.
- Personal References: Interviews with personal references.
- Criminal History: A review of the individual’s criminal history, including any felony convictions.
- Step 3: Adjudication: The agency reviews the results of the background investigation and makes a determination regarding the individual’s eligibility for a security clearance.
Felony Convictions and Security Clearances
The Short Answer: In most cases, a felony conviction will prevent an individual from obtaining a security clearance. However, the specific circumstances surrounding the conviction and the individual’s rehabilitation efforts can impact the outcome.
The Long Answer: The adjudication process considers various factors when evaluating an individual’s eligibility for a security clearance with a felony conviction. These factors include:
- Type of Felony: The type of felony conviction is a significant factor. Misdemeanor-level offenses, such as shoplifting or disorderly conduct, may not necessarily preclude an individual from obtaining a security clearance. Felony-level offenses, such as fraud or violent crimes, are more likely to raise concerns.
- Length of Time Since Conviction: The amount of time that has passed since the conviction can also impact the outcome. Older convictions may be viewed as less significant than more recent convictions.
- Circumstances Surrounding the Conviction: The circumstances surrounding the conviction can also be important. Mistakes made in youth or one-time mistakes may be viewed differently than repeated offenses or violent behavior.
- Rehabilitation Efforts: An individual’s rehabilitation efforts can also play a significant role in the adjudication process. Participation in counseling or treatment programs, community service, and job training can demonstrate an individual’s commitment to personal growth and rehabilitation.
Table: Felony Convictions and Security Clearances
| Type of Felony | Impact on Security Clearance |
|---|---|
| Misdemeanor-level offenses (e.g., shoplifting, disorderly conduct) | May not preclude security clearance |
| Felony-level offenses (e.g., fraud, violent crimes) | More likely to raise concerns |
| Older convictions | May be viewed as less significant |
| More recent convictions | May be viewed as more significant |
| Mistakes made in youth | May be viewed as less significant |
| One-time mistakes | May be viewed as less significant |
| Repeated offenses | May be viewed as more significant |
| Violent behavior | May be viewed as more significant |
Appealing a Security Clearance Denial
If an individual’s security clearance application is denied due to a felony conviction, they may be able to appeal the decision. The appeal process typically involves:
- Step 1: Submitting an Appeal: The individual submits a written appeal to the agency, outlining the reasons why they believe the denial was unfair or incorrect.
- Step 2: Review by the Agency: The agency reviews the appeal and may request additional information or clarification.
- Step 3: Final Adjudication: The agency makes a final determination regarding the appeal.
Key Takeaways
- A felony conviction can significantly impact an individual’s eligibility for a security clearance.
- The type of felony, length of time since conviction, circumstances surrounding the conviction, and rehabilitation efforts can all impact the outcome.
- An individual may be able to appeal a security clearance denial due to a felony conviction.
Conclusion
Obtaining a security clearance with a felony conviction is a challenging and complex process. While it may be possible to obtain a security clearance with a felony conviction, it is essential to understand the factors that will be considered during the adjudication process. By focusing on rehabilitation efforts and demonstrating a commitment to personal growth, individuals with felony convictions may be able to overcome the challenges and obtain a security clearance.
