Can You Get a Security Clearance with a felony?
In today’s world, security clearances are a crucial aspect of many careers, particularly those in the government, finance, and defense industries. However, for individuals with prior felony convictions, obtaining a security clearance can be a more challenging and complex process.
Direct Answer: Can You Get a Security Clearance with a Felony?
The short answer is not always. While it may be possible to obtain a security clearance with a felony on your record, it significantly depends on the nature, severity, and circumstances surrounding the felony. The complexity of the process lies in the fact that security agencies and organizations are responsible for protecting sensitive information and trustworthiness is a priority.
How Security Agencies Determine Eligibility
Each security agency has its own set of guidelines and standards for grantings security clearances to individuals with prior felony records. The main factors consideration include:
• Felony type and severity
• Age of offender at the time of arrest
• Length and type of sentence
• Post-conviction behavior and rehabilitation
• Relevant mitigating or aggravating circumstances (e.g., extreme circumstances, cooperation with the authorities, or evidence of rehabilitation)
The Initial Screening Process
When evaluating an individual’s eligibility, security agencies conduct an extensive background investigation, which consists of:
• Centralized Investigative Index Check: A computerized criminal history check
• National Agency Check: Information from various government agencies such as the FBI, OPM, and DOL
• Credit Checking: Review of credit reporting agencies
• Education and Employment Verification: Documenting education, employment history, and relevant experience
• Personal Interview or Polygraph Examination: Opportunities for the investigator to grill the individual on their answers and behavior
Automated Access Control System Evaluation
The Automated Access Control System (AACS) is a database that rates an individual’s eligibility by assigning a "PWS" (Personnel Processing Worksheet) rating. Depending on the individual’s adjudication, they may:
• Be granted adjudicative favor: [ Favorable, conditional, or neutral, allowing them to proceed for a security clearance [
• Be suspended or denied adjudicatively: [ Lack of trustworthiness as a result of the adjudication [
| PWS Rating Category | Description |
|---|---|
| Favorable/Conditional | Suitable for secret or top-secret clearance potential |
| Neutral | Denial of secret or higher clearance, possible conditional granted |
| Unfavorable | Denial of highest clearance level |
Consequences of a Felony Conviction
If adjudicated unfavorably, denial of a security clearance due to a felony conviction might result in:
• Loss of current clearance authority
• Inconvenience or delays in receiving a clearance
• Potential loss of employment due to clearance requirements
It is essential to note that each case is unique and may require an appeal based on new information or previously unknown circumstances.
Proactive Steps to Improve Post-Conviction Rehabilitation and Clearance Chances
To increase the likelihood of obtaining a security clearance after a felony conviction:
• Proactively address criminal history, including rehabilitation efforts
• Maintain a respectable reputation and personal conduct after the conviction
• Document any evidence of counseling, treatment, or reform
• Seek expungement or sealing whenever possible
• Employment and education verification showing positive changes
• Professional references or character referrals
Conclusion
To answer the question, acquiring a security clearance with a felony on your record is possible but challenging. The best approach is to be mindful of the initial screening and adjudication processes, leveraging proactive steps to demonstrate trustworthy behavior and rehabilitation. Should you face difficulties, familiarity with the Automated Access Control System and its rating schema can help guide your subsequent actions. Remember, no two cases are identical; seeking professional guidance and navigating the complex clearance process intelligently can lead to potentially favorable outcomes.
