Can You Get a Security Clearance with a Misdemeanor?
security clearance is a requirement for many government jobs and contract work. It ensures that individuals with access to classified information are trustworthy and honest. But what happens if you have a misdemeanor conviction and you’re trying to obtain a security clearance?
In this article, we will answer the question "Can You Get a Security Clearance with a Misdemeanor?" by examining the criteria set forth by the Department of Defense and the Department of Homeland Security, as well as exceptions and waivers.
Contents
The Basics of Security Clearance
In order to obtain a security clearance, an individual must be found trustworthy, loyal, and reliable by their employing agency. Security clearance involves a thorough review of an individual’s criminal and credit history, personal lifestyle, and background, to assess their suitability to work with classified information. This includes conducting a psychological assessment and reviewing their online social media activity.
Security clearance is classified into four categories, with each subsequent category having more stringent standards for background investigations and increased reliance on the individual holding that clearance.
Data – Public Trust – Basic**
This is the highest level of clearance granted. The clearance is reserved for the most senior or those holding high-level offices like Senators, Presidents or General Manager of Defense organizations or even Heads of Law Firms or large Public accounting firm. It required undergoing more in-depth FBI interview as well as extended psych test. **Duration = Lifelong** as with FBI background check).### Examples of Security Clearances:
| **Classification Level** | **Eligible Positions** |
| --- | --- |
| Data - Public Trust (Background Check) | Employees handling public trust roles at national laboratories, educational facilities, or museums. |
| Public Trust | CIA agents, FBI officials, DEA agents, Air and Naval Criminal Investigative Division |
| Confidential | Administrative officials in defense and homeland security departments. |
| Secret | Scientists and researchers conducting high-level research with special permits. |Does Having a Misdemeanor Disqualify You From Obtaining a Security Clearance?**
Having a misdemeanor does not automatically disqualify an individual from obtaining a security clearance. According to the Department of Defense Regulation (DoDD) 5205.01 and Executive Order 12675, individuals with qualifying misdemeanors are presumed ineligible for a Top-Secret security clearance and its equivalent. However, many minor infractions (listed in 32 C.F.R. §1229) do not necessitate immediate denial.
