Many Maryland workers need to obtain security clearances to view and handle classified documents as part of their job. The loss of the proper security clearance can mean the loss of your job.

A criminal record may affect your security clearance. Often, the best way to keep your security clearance is to obtain a dismissal of the criminal charges, an acquittal, or a plea bargain to a lesser offense that won’t jeopardize your security clearance. Having a defense lawyer on your side – especially one with as much experience helping folks keep their clearances as Joseph Carey has  –  may be the difference between keeping your clearance and losing everything.

What are the guidelines for obtaining a security clearance?

First, it’s important to understand the grounds for denial of security clearance for US jobs. According to Clearance Jobs, these guidelines are based on the Security Executive Agent Directive (SEAD) 4 which went into effect in June 2017.

Some of the guidelines that can affect your security clearance if you’re charged with or convicted of certain criminal offenses include the following:

• Guideline E. Personal Conduct. This can be used against you if you fail to tell the truth on your Standard Form (SF) – 86 (a US questionnaire). This guideline indicates that your security clearance application will likely be denied for lying about or failing to disclose your criminal record.
• Guideline F. Financial Considerations. Many requests for security clearance are denied due to financial considerations. The government’s concern is that if your finances aren’t trustworthy, your ability to handle classified information probably isn’t trustworthy either. If you have been charged with or convicted of financial crimes, the government will likely review your finances, especially if you’ve been convicted. Generally, debt that can be explained like medical debt is less likely to affect your application or review than if you’re involved in any type of financial crime.
• Guideline G. Alcohol Consumption. This guideline reviews whether you abuse or have abused alcohol. DUI arrests and convictions, especially repeat offenses, are likely to be used against you. Participating in alcohol education programs may help.
• Guideline H. Drug involvement and substance abuse. Whether drug use affects security clearances or not depends on a criminal charge and whether you were convicted. Drug use can affect your application or clearance. Taking steps to show you’re not abusing drugs now can help.

How do criminal charges and convictions affect security clearances?

Whether criminal conduct affects your ability to obtain or keep a security clearance depends on many factors. As discussed above, truthfulness, financial difficulties, and alcohol and drug use can affect your security clearance regardless of the status of any criminal case or history.

Generally, obtaining security clearance when criminal conduct is a concern depends on several factors, starting with whether the offense in question is a misdemeanor or a felony. Other factors may include how long ago the offense occurred, whether a pattern of misconduct exists, your age, and the nature of the charges.

The government is generally most likely to deny or terminate your security clearance for:

• Crimes of moral turpitude. These crimes include theft, burglary, embezzlement, and crimes involving dishonesty. This also includes conduct so “base, vile, or depraved that it is shocking to a reasonable person,”  such as sex offenses. including those perpetrated against minors.
• Crimes involving violence. Any evidence of violence is likely to adversely affect your application or your ability to keep your security clearance. Crimes involving weapons like firearms or explosives are especially problematic. Time, and evidence that you’re not a violent person anymore may help.
• Other problematic crimes. Crimes involving “the mishandling of classified information or willful evasion of security rules may prove an insurmountable obstacle to obtaining or retaining a security clearance.”

Generally, these aren’t hard and fast rules. Each security clearance review is decided on a case-by-case basis.

Can I obtain a security clearance if my criminal record is expunged, if I’m pardoned, or if other factors apply?

While obtaining an expungement helps when defendants apply for jobs, according to Clearance Jobs, expungements do not help if your security clearance was terminated due to a conviction. Security clearance officials want to know about your conduct, not just your criminal record.

There is one exception for “convictions under the Federal Controlled Substances Act for which the court issued an expungement order under the authority of 21 U.S.C. 844 or 18 U.S.C. 3607.”  Generally, if your record is expunged, the criminal charge and the underlying circumstances probably will not bar your security clearance application as long as it is disclosed. In other words, the explanation for the expungement can help you–but not revealing the charge (even if it’s expunged) can hurt your application or renewal of your security clearance.

How does the security clearance criminal review process work?

Applicants for a security clearance normally don’t apply on their own. According to the US State Department, “the duties and responsibilities of a particular position factor into the security clearance or other level of trust required of the individual. Background investigations are initiated after the acceptance of a conditional offer of employment.”

Am I eligible for a security clearance if I only have a juvenile offense?

According to Clearance Jobs, your juvenile record is not likely to affect your application unless you engage in criminal activity as an adult. Generally, security clearance reviews examine your last seven years. Even if the adjudicators do review your juvenile history, they may not hold your juvenile record against you; your age at the time of any offenses and the passage of time are considered.

Can security clearance be reinstated after being revoked due to criminal charges?

Generally, if you can show that you’re trustworthy, credible, and not a risk, you can apply for reinstatement after a suspension or revocation of your security clearance. There are no precise formulas. Each review, as mentioned, is decided on a case-by-case basis.

What options do I have if my security clearance is denied due to a past criminal charge?

According to the US State Department, you will be notified of the reason for a denial or revocation of a security clearance and the procedures for filing an appeal. “You will be given the opportunity to address derogatory information that is provided as the basis for denial or revocation.”

At Carey Law Office, we defend government workers and professionals who need security clearances. We obtain dismissals, acquittals, and plea negotiations to help show that you were not involved in criminal conduct or that your involvement was not serious enough to impact a security clearance. We can help you understand how your criminal case affects your current security clearance or your ability to obtain clearance. Carey Law Office has locations in Bowie and Dunkirk. Call us or fill out our contact form to schedule a consultation. We also serve Calvert County.