Can You Get a Top Secret Clearance with a Felony?
When applying for a top secret clearance, many individuals wonder if a felony conviction will impact their chances of obtaining it. The answer is a resounding maybe. In this article, we’ll delve into the complexities of obtaining a top secret clearance with a felony and provide a comprehensive guide to help you navigate the process.
What is a Top Secret Clearance?
Before we dive into the felony aspect, it’s essential to understand what a top secret clearance entails. A top secret clearance is the highest level of clearance granted by the US government, requiring a thorough investigation of an individual’s background, including their criminal history. This clearance is reserved for personnel who have access to information classified as Top Secret or higher, which includes intelligence information, sensitive military data, and other confidential government information.
The Initial Screening Process
When applying for a top secret clearance, the process begins with an initial screening, known as the Questionnaire for National Security Positions (SF-86). This questionnaire is designed to gather information about an individual’s background, including their criminal history. If the applicant has a felony conviction, they will be notified and required to provide detailed information about the offense.
The Investigation Process
If the applicant passes the initial screening, they will undergo a more in-depth investigation, which includes a Centralized Investigative Index (CBI) check and a Field Investigation (FI). The CBI check will review the applicant’s criminal history, including any felony convictions. If a felony is found, the investigator will review the case to determine if it meets the requirements for a Security Sensitive Adjudication (SSA).
Security Sensitive Adjudication (SSA)
A SSA is a review of an individual’s criminal history to determine if it poses a risk to national security. The SSA will consider the following factors:
• Type of offense: The type of crime committed, including the level of severity and the intended harm.
• Timing of the offense: How long ago the offense occurred and if it was committed during a time of active duty or during a critical period in the individual’s life.
• Intent of the offense: The level of intent behind the offense, including whether it was committed with malicious intent.
• Punishment: The severity of the punishment received, including imprisonment, fines, or rehabilitation.
Factors That Influence the Clearance Decision
When reviewing a felony conviction for a top secret clearance, the following factors will be considered:
• Rehabilitation: Has the individual demonstrated rehabilitation and rehabilitation efforts?
• Restorative justice: Has the individual made amends for the harm caused by their actions?
• Low-level offense: Was the offense a minor or low-level offense?
• No repeat offenses: Has the individual committed any additional offenses since the initial felony?
Chances of Obtaining a Top Secret Clearance with a Felony
While it’s not impossible to obtain a top secret clearance with a felony, the chances are lower. According to the Office of the Director of National Intelligence (ODNI), 80% of adjudications involve a finding of Adjudicate Favorably, which means the individual is granted clearance. However, 15% are Denied, and 5% are Adjudicated Favorably with Conditions, which means clearance is granted, but with specific mitigating factors.
Alternatives to a Top Secret Clearance
If an individual is unable to obtain a top secret clearance due to a felony conviction, they may be eligible for a Secret Clearance or Confidential Clearance. These clearances are granted for personnel who have access to sensitive but less critical information.
Conclusion
In conclusion, obtaining a top secret clearance with a felony is possible but challenging. It’s essential to understand the factors that influence the clearance decision and the alternatives available. If you’re facing a felony conviction and interested in pursuing a top secret clearance, consult with an experienced attorney or a cleared professional to help guide you through the process.
Table: Felony Considerations for Top Secret Clearance
| Factor | Explanation |
|---|---|
| Type of Offense | Severity and intent of the crime |
| Timing of the Offense | Time since the offense and critical period in life |
| Intent of the Offense | Level of intent behind the crime |
| Punishment | Severity of punishment received |
Bullets List: Chances of Obtaining a Top Secret Clearance with a Felony
• 80% Adjudicate Favorably (individual granted clearance)
• 15% Denied (individual is not granted clearance)
• 5% Adjudicated Favorably with Conditions (individual granted clearance with specific mitigating factors)
Note: The figures mentioned in the article are based on ODNI data and are subject to change. The article is meant to provide general guidance and should not be considered legal advice.
