Can You Get a Secret Clearance with a Felony?
Obtaining a secret clearance, also known as a Confidential Level clearance, is a crucial step in securing a job in the government or defense industry. The process involves a thorough background investigation to determine an individual’s trustworthiness and ability to handle sensitive information. However, for those with a felony conviction, the road to obtaining a secret clearance can be much more challenging.
Direct Answer: Can You Get a Secret Clearance with a Felony?
NO, it is extremely rare for an individual with a felony conviction to obtain a secret clearance. The primary concern for the government is national security, and having a felony on your record can raise significant questions about your trustworthiness.
Why is it so Difficult to Get a Secret Clearance with a Felony?
There are several reasons why individuals with felony convictions face significant barriers when applying for a secret clearance:
- The Rehabilitation of Offenders Act: This act states that an individual’s criminal history is not automatically cleared after a certain period. Instead, the individual must petition the court to have their records sealed or expunged.
- Adverse Information: A felony conviction is considered adverse information and can significantly impact an individual’s eligibility for a secret clearance.
- The Background Investigation: A background investigation is conducted to determine an individual’s trustworthiness. A felony conviction can raise concerns about an individual’s ability to handle sensitive information.
Types of Felonies that May Affect Secret Clearance Eligibility
Not all felonies are created equal. Some felonies are more serious than others and can have a greater impact on an individual’s eligibility for a secret clearance. Here are some examples of felonies that may affect secret clearance eligibility:
- Violent Crimes: Felonies such as murder, assault, and robbery can raise significant concerns about an individual’s ability to handle sensitive information.
- Financial Crimes: Felonies such as fraud, embezzlement, and theft can raise concerns about an individual’s honesty and integrity.
- Drug-Related Offenses: Felonies related to drug possession or distribution can raise concerns about an individual’s judgment and ability to handle sensitive information.
What is the Process for Obtaining a Secret Clearance with a Felony?
If you have a felony conviction and are interested in applying for a secret clearance, the process is much more complex and challenging. Here are the steps you would need to take:
- Petition the Court: You must petition the court to have your records sealed or expunged. This can be a lengthy and costly process.
- Background Investigation: You will need to undergo a background investigation to determine your eligibility for a secret clearance.
- Security Clearance Determination: The government will review your background investigation and make a determination about your eligibility for a secret clearance.
- Appeals Process: If your application is denied, you can appeal the decision to the Merit Systems Protection Board (MSPB).
Table: Felony Conviction Impact on Secret Clearance Eligibility
| Felony Type | Impact on Secret Clearance Eligibility |
|---|---|
| Non-Violent Crimes | May be eligible for a secret clearance after a certain period |
| Violent Crimes | Typically not eligible for a secret clearance |
| Financial Crimes | May be eligible for a secret clearance after a certain period, but with additional scrutiny |
| Drug-Related Offenses | Typically not eligible for a secret clearance |
Conclusion
Obtaining a secret clearance with a felony conviction is extremely rare and challenging. The government takes national security very seriously and has strict guidelines in place to ensure that only trustworthy individuals are granted access to sensitive information. While it is not impossible to obtain a secret clearance with a felony conviction, it is essential to understand the process and the challenges involved. If you are considering applying for a secret clearance with a felony conviction, it is recommended that you consult with a security clearance attorney to discuss your options and the potential outcomes.
