Can You Get a Secret Clearance with a Misdemeanor?
When it comes to obtaining a secret clearance, the process can be lengthy and complex. One of the most significant factors that can impact an individual’s eligibility for a secret clearance is their criminal history. In this article, we will explore the answer to the question: Can you get a secret clearance with a misdemeanor?
What is a Misdemeanor?
Before we dive into the specifics of secret clearances, it’s essential to understand what a misdemeanor is. A misdemeanor is a type of criminal offense that is considered less severe than a felony. Misdemeanors are typically punishable by a fine, imprisonment for less than one year, or both. Examples of misdemeanors include:
• Disorderly conduct
• Simple assault
• Petty theft
• Driving under the influence (DUI)
The Secret Clearance Process
The secret clearance process is administered by the Department of Defense (DoD) and is designed to ensure that individuals with access to classified information are trustworthy and reliable. The process involves a thorough background investigation, which includes:
• Personal interviews
• Financial checks
• Employment and education verification
• Criminal history checks
Misdemeanors and Secret Clearances
So, can you get a secret clearance with a misdemeanor? The answer is yes, but it’s not a guarantee. The DoD uses a guiding principle to determine whether an individual with a misdemeanor can obtain a secret clearance:
"The character and reputation of the individual must be such that the individual is trustworthy and reliable."
The DoD considers the following factors when evaluating an individual’s eligibility for a secret clearance with a misdemeanor:
• Nature of the offense: The type of misdemeanor committed can impact an individual’s eligibility. For example, a misdemeanor related to drugs or violence may be more likely to disqualify an individual from obtaining a secret clearance.
• Severity of the offense: The severity of the misdemeanor can also impact an individual’s eligibility. For example, a misdemeanor with a longer sentence or more severe penalties may be more likely to disqualify an individual.
• Timing of the offense: The timing of the misdemeanor can also impact an individual’s eligibility. For example, an individual who committed a misdemeanor recently may be more likely to be denied a secret clearance than an individual who committed a misdemeanor several years ago.
• Individual’s behavior since the offense: The individual’s behavior since the offense can also impact their eligibility. For example, an individual who has demonstrated good behavior and taken steps to rehabilitate themselves may be more likely to be granted a secret clearance.
Table: Misdemeanor Offenses and Secret Clearance Eligibility
| Misdemeanor Offense | Eligibility for Secret Clearance |
|---|---|
| Disorderly conduct | Possibly eligible |
| Simple assault | Possibly eligible |
| Petty theft | Possibly eligible |
| DUI | Possibly eligible, but may require additional evaluation |
Additional Factors to Consider
In addition to the factors mentioned above, the DoD may also consider the following when evaluating an individual’s eligibility for a secret clearance with a misdemeanor:
• Other criminal history: The DoD may consider an individual’s entire criminal history, not just the misdemeanor offense.
• Character references: The DoD may contact character references to gather additional information about the individual’s behavior and reputation.
• Employment history: The DoD may review an individual’s employment history to determine whether they have demonstrated good behavior and reliability in their work.
Conclusion
In conclusion, while it is possible to obtain a secret clearance with a misdemeanor, it’s not a guarantee. The DoD uses a guiding principle to determine whether an individual with a misdemeanor can obtain a secret clearance, and considers a range of factors, including the nature of the offense, severity of the offense, timing of the offense, and individual’s behavior since the offense. By understanding the factors that impact an individual’s eligibility for a secret clearance, individuals can better prepare themselves for the clearance process and increase their chances of success.
