Will I Lose My Security Clearance if I’m Convicted of a Crime?

If you’re convicted of a crime, there’s a lot at stake – your freedom and your finances, to name two. Once you serve your time and fulfill your obligations, you should be able to walk away and pick up your life right where you left it, right? Unfortunately, this is not often the case.

We use the term “collateral consequences” to describe the after-effects of a criminal conviction on your life. These consequences can happen even after you have served your time and paid your penalties. They can affect your job, too – either securing one or keeping the one you have. Many employers require a criminal background check on prospective employees, meaning with a criminal conviction you may lose access to many well-paying jobs and careers.

If your work depends on security clearance, for example, a criminal conviction can put your livelihood at risk. Losing your clearance can mean losing your job, so it’s important to understand what a criminal conviction can do to your security clearance.

What types of jobs require security clearance?

Per Zip Recruiter:

Although most jobs that require security clearance are government or military positions, many civilian contractors in industries related to government work, such as aerospace engineers or weapons manufacturers, must also have clearance to access data or conduct testing. Many people who require security clearance work for the intelligence community, such as intelligence analysts or software administrators. Even custodial staff at top-secret facilities need to have security clearance to perform their duties. In general, your level of clearance varies depending on your responsibilities, skills, and the type of information or facilities you have access to.

Most jobs that require security clearance are with the US government or the military, but many other positions with companies that have government contracts may require clearance as well. These types of jobs can range from administrative to engineering to IT to project management and more.

The purpose of a security clearance is to allow an individual access to classified national security information for their job. There are three types of security clearances:

• Confidential – Confidential clearances must be reviewed every 15 years.
• Secret – Secret clearances must be reviewed every 10 years.
• Top secret – Top secret clearances must be reviewed every 5 years.

The higher the security level, the more stringent the process of obtaining clearance is. You must be a US citizen in order to receive security clearance, although exceptions may be made for certain programs for immigrant and foreign national employees at the discretion of the government.

If you are convicted of a crime

If you have a past criminal conviction and are applying for a job with security clearances, you must disclose this information. The agency to which you’re applying will determine whether or not the crime precludes you from obtaining security clearance according to their own guidelines. These can be different for every job and every company.

Losing your security clearance, though, can result in the loss of your job or an inability to advance in your career. Federal Regulations 32 § 147.12 notes the following about criminal conduct and security clearances:

• The concern. A history or pattern of criminal activity creates doubt about a person’s judgment, reliability, and trustworthiness.
• Conditions that could raise a security concern and may be disqualifying include:
• Allegations or admissions of criminal conduct, regardless of whether the person was formally charged;
• A single serious crime or multiple lesser offenses.
• Conditions that could mitigate security concerns include:
  • The criminal behavior was not recent;
  • The crime was an isolated incident;
  • The person was pressured or coerced into committing the act and those pressures are no longer present in that person’s life;
  • The person did not voluntarily commit the act and/or the factors leading to the violation are not likely to recur;
  • Acquittal;
  • There is clear evidence of successful rehabilitation.

What criminal charges can affect my security clearance?

You may be denied security clearance if you are currently using or addicted to a controlled substance, deemed mentally incompetent by a mental health professional, or were dishonorably discharged from the military. Having a criminal conviction is not automatically tied to losing your security clearance, but it can certainly hurt your chances.

Federal Regulations 32 § 147.12 carefully evaluates the following factors when deciding on security clearance:

• Allegiance to the US
• Crime of terrorism
• Foreign preference
• Sexual behavior
• Foreign influence
• Personal conduct
• Alcohol consumption
• Financial considerations including tax evasion, theft, bad credit history, and embezzlement
• Drug offenses
• Security violations
• Misusing IT systems

No two situations are the same when it comes to security clearance and criminal charges. Things like the nature of the offense, the time that’s passed since the incident, and the steps you’ve taken toward rehabilitation can all affect the outcome of your case. Some minor offenses might be considered isolated incidents and have a lesser impact, while more severe felony charges could have a significant effect on your status.

If you are facing criminal charges and are worried about your security clearance, it’s important to get an experienced Copperas Cove  criminal defense attorney on your side as soon as possible. We can work to help mitigate the effects of your arrest and protect your rights throughout the entire legal process. We can help ensure you have given all the right notifications to all the right people, ensuring you don’t miss a step. We also fight the charges against you, working to have them dropped or reduced.

Whether you have a previous criminal conviction or have recently been arrested, it’s important to start working with a Copperas Cove criminal defense attorney immediately for the best possible outcome for your case. At Mary Beth Harrell Criminal Defense and DWI Lawyers, we will protect your rights and work for your best interests. Call us or fill out our contact form to schedule a consultation with an experienced criminal defense attorney today. We maintain an additional office in Copperas Cove, and proudly serve Belton, Harker Heights, Waco, Williamson County, Bell County, Coryell County, and McLennan County.