Can a Felon Get a Security Clearance? | Felony Record Hub (2023)

Why would felons want to get a security clearance? Isn’t it challenging enough to find a job, any job?

Well, there might be circumstances in which you might need to obtain a security clearance, but you may not know how or even if you can get one. Let’s take a look at exactly what’s involved.

In this article, we’ll cover the following:

  • What Is a Security Clearance?
  • Types of Security Clearance
  • What Jobs Require a Security Clearance?
  • Who Issues a Security Clearance?
  • How to Get a Security Clearance
  • Disqualifiers for a Security Clearance
  • What Felonies Disqualify You?
  • Background Check?
  • What If You Fail the Background Check?

Contents

  • What Is a Security Clearance?
  • Types of Security Clearance
  • What Jobs Require a Security Clearance?
  • Who Issues a Security Clearance?
  • How to Get a Security Clearance
  • Disqualifiers for a Security Clearance
  • What Felonies Disqualify You?
  • Background Check?
  • What If You Fail the Background Check?

Just as the name implies, a security clearance allows a person to have access to classified information. A security clearance is typically issued by the government for that purpose.

Classified information typically involves military documents, production, and operation of nuclear weapons, or information relating to sensitive communications with foreign governments. Usually, the president, vice president, or the head of a federal agency will make the decision that something needs to be classified.

There are three types of security clearance, including confidential, secret, and top secret. Each level allows a person access to certain information up to and including that particular level.

Let’s take a look at exactly what each level of security is.

Confidential security clearance allows access to information that can cause damage to national security if it is disclosed without any type of authorization.

Secret security clearance permits access to information that can cause serious damage to national security if revealed without prior authorization.

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Top secret security clearance provides access to information that can cause extremely grave damage to national security when disclosed without authorization.

Most of the jobs that someone with a security clearance can get are ones working for the government or the military. There are also other civilian positions that require a security clearance. These are jobs such as an aerospace engineer or someone in weapons manufacturing.

Among the largest job groups that require a security clearance are military personnel, defense contractors, and others who work in that capacity for the federal government.

There may be times when someone in the medical, telecommunications, education, or financial field may require some type of security clearance.

However, not all jobs at such a high level demand a security clearance. Let’s take a look.

There are many top-secret facilities that are involved with the military or national defense. Even many of the basic jobs often considered to be entry level such as custodial positions require a security clearance.

This is simply because of the ready access that all individuals who work there have to classified information whether their job duties involve high level access or not.

While not all federal jobs require a security clearance, all federal positions do require an applicant to undergo a “suitability adjudication,” which means they must be evaluated as to the likelihood that they will carry out the duties of such a position with, “integrity, efficiency, and effectiveness.”

As a part of the Department of State, the Bureau of Human Resources will determine who needs a security clearance due to their duties and responsibilities.

Until recently, most security clearance investigations were conducted by the Office of Personnel Management (OPM). A recent executive order gave that authority to the Department of Defense’sDefense Counterintelligence and Security Agency(DCSA).

There is a difference between completing a background investigation and issuing a security clearance. Clearance determinations are made by the agency that issue applicants a clearance. DCSA, and previously, OPM’s National Background Investigations Bureau, are investigation providers.

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They provide the information necessary to make a security clearance determination, but they don’t actually award the clearance.

Obtaining a security clearance requires going through a number of steps that will look at your personal and professional history and your loyalty to the U.S.

This will be accomplished through looking at such things as:

  • Strength of character
  • Trustworthiness
  • Honesty
  • Reliability
  • Discretion
  • Sound judgment

It is important for anyone wanting to get a security clearance to be able to abide by regulations for handling and protecting that information. A security clearance is only given to someone because of their need to protect national security interests of the country.

The first requirement to get a security clearance is to have a job that requires one with the federal government or as a government contractor.

Applying for a security clearance involves a(n):

  • Application
  • Background check
  • Adjudication

There will also be a face-to-face interview with a Department of State investigator. It can take anywhere from six months to a year to complete this process. The investigation paperwork to be completed is available here.

It is rare to grant any type of temporary clearance. Once the application has been submitted, there’s really no way to speed up the process.

Top secret clearances are reviewed every five years while secret clearances are reviewed every 10 years and confidential clearances are reviewed every 15 years.

There are a number of factors that can disqualify you from gaining a security clearance. These are separate from the question of having a criminal history.

Here we will look at what those are.

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Anyone who is addicted to a controlled substance, deemed mentally incompetent by a licensed professional, or who has been dishonorably discharged from the military will be forbidden from gaining a security clearance.

Active duty members of the military who have been convicted of a felony and sentenced to a prison term of more than one year will not be allowed access to restricted information.

Among the important factors that are looked at for determining suitability to have a security clearance involves such things as allegiance to the U.S.

Security concerns may be raised for anyone who wants to overthrow the government or is sympathetic with those attempting to overthrow the government.

A history of criminal activity creates doubt about someone’s judgment, reliability, and trustworthiness. Conditions that can raise a significant security concern include allegations of criminal conduct without a formal charge and whether this was a single crime or multiple offenses.

If the criminal behavior was not recent or was an isolated incident, this can work in your favor. There must also be evidence of a successful rehabilitation.

In addition to questions about loyalty to the United States, there is the issue of a felony conviction.

A felony conviction does not automatically disqualify you from getting a security clearance, but it will be difficult to achieve if you don’t have everything lined up for yourself.

Whether a felon can receive a security clearance depends on certain factors.

Typical felony convictions that could be difficult to get around include:

  • Dishonesty like theft or embezzlement
  • Substance abuse like a DUI
  • Possession of controlled substances

Positive factors for an applicant include, if:

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  • The felony was not recent.
  • The crime was an isolated incident.
  • Someone was coerced into committing the crime.
  • Someone did not voluntarily commit the crime.
  • Acquittal was granted.
  • There is clear evidence of rehabilitation.

Obtaining a security clearance will depend on the particular offense. Even if you have your criminal record expunged, all charges within the past seven years must be disclosed when applying for a security clearance. You must disclose information regardless of whether the record was sealed, expunged, or dismissed.

The following felonies that are older than seven years must also be disclosed:

  • Violent crimes
  • Domestic violence
  • Firearm-related offenses
  • Crimes involving explosives
  • Alcohol- or drug-related crimes

Failing to disclose crimes in any of these categories will lead to permanent denial because that would constitute a felony. Of course, that is something you don’t need as that would lead to being incarcerated again.

Positions within the federal government are classified as:

  • Non-sensitivepositions
  • Public trust positions
  • National security positions

Each of these positions requires sometype ofbackground check, which maydiffer depending on thelevel of security clearance required for a position.The depth of the background investigation depends on the position’s requirements as well as the level of security clearance that is needed for that position.

Forlower levels of security clearances, background investigationstypicallyinvolve automated checks of anapplicant’shistory.

For a secret clearance in a national security position, the background check requires an interview by government agents with those who have lived or worked with youat some point in the last seven years.This is in addition to the background paperwork mentioned above that must be completed.

Due to the strict nature of the background check that is completed as part of the security clearance investigation, many applicants do fail this check.

It isn’t easy to get a security clearance. If you want to get this clearance as a felon, you should be honest about all information that you present when you apply for any job that requires this type of clearance.

If you fail the background check, it isn’t the end of the world. It doesn’t mean that you can’t get a job. It simply indicates that you cannot work in a job that requires a security clearance.

There are still employers who may be willing to consider hiring you. You just need to find a job that does not involve such a high level of security. They are out there. You need to be persistent in looking. Don’t get discouraged and give up.

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Don’t be defined by your crime.You can get beyond your past and begin again.

You are not defined by your crime but in how you recover from it.

What do you think about this blog post?Have you or someone you know with a felony tried to get a security clearance? What was that like, and what happened?Please tell us in the comments below.

FAQs

Can you get security clearance with a criminal record? ›

Do criminal convictions preclude security clearances? If a serious conviction comes to light during the pre-vetting process, you'll either fail to progress further or be told it's not worth continuing. Otherwise, your caution or conviction will be assessed with reference to a number of factors.

Can you work at LAX with a felony? ›

Badgeable: Applicants must be able to pass a background check, which covers a 10-year security clearance with no felonies. To discuss your specific case, please contact the Security Badge Office at 424-646-5900.

Who is eligible for SC clearance? ›

To receive SC clearance, a candidate will need to have been a UK resident for at least five years and undergo the following: Completion of BPSS. A full security questionnaire. Checks on criminal records, credit and financial history, and Security Service records.

Does DFW Airport hire felons? ›

If you have been found guilty of a conviction within the last seven years, you will almost always be disqualified from employment at an airport.

How far back do security clearances go? ›

Security Clearance Adjudicative Process

The clearance process for Secret level access uses an investigation called the National Agency Check with Law and Credit that goes back five years, while the clearance process for Top Secret uses a Single Scope Background Investigation that goes back ten years.

What disqualifies you from a security clearance? ›

You were dishonorably discharged from the military. You are currently involved in illegal drug use. You have been judged as mentally incompetent or mentally incapacitated by a mental health professional. You have had a clearance revoked for security reasons.

Can a felon get a passport? ›

Remember, having a felony charge does not affect obtaining a passport as long as the applicant isn't currently barred from leaving the country, is not on probation or parole, and is not awaiting trial.

Do Delta Airlines hire felons? ›

No, Delta Air Lines does not hire felons.

Keep in mind that a drug test, background check, and fingerprint analysis are required before starting a position with Delta Air Lines. To that end, there is no point in lying or attempting to fool them about past convictions.

Why did I fail my TSA background check? ›

From checking credit rating to unpaid debts, and criminal convictions, there are a number of factors that can you lead to automatic disqualification. The background check is thorough and is conducted at a State or Government Facility.

What does SC clearance check? ›

Security Clearance (SC)

An example of a CTC/SC Questionnaire can be found here. Security Clearance will involve a check against police records, and this will reveal all cautions and convictions that are held on these systems. Note – the DBS filtering process does not apply.

What credit report is used for security clearance? ›

The credit report run on a federal background investigation is more in-depth than the one you can pull for free or through your financial institution. The government credit check is a tri-merge, meaning it consolidates the reports of all three major credit bureaus (TransUnion, Equifax, and Experian) into one.

What are the 5 levels of security clearance? ›

Hierarchy
  • Controlled Unclassified.
  • Public Trust Position.
  • Confidential.
  • Secret.
  • Top Secret.
  • Compartmented.

Do southwest hire felons? ›

Yes, Southwest Airlines hires felons on a case-by-case basis. There have been multiple reports by current and past employees that have been hired after having a felony. According to these employees, it is important to be honest and to prove rehabilitation.

How far back does Global Entry background check? ›

Employment history for the past five years. International Travel history for the past five years Court documents (if you have ever been convicted of a crime other than a traffic violation)

What does an FAA background check consist of? ›

Security background investigations that include credit history checks and a review of criminal record history are required when you are considered for a position.

What causes a red flag on a background check? ›

If there is a felony on your criminal record, it could be a red flag for employers. A history of violent crimes, sexual offenses, robberies, or serious drug offenses can make it difficult to pass a background check. However, it can still be possible to get a job even if you have a criminal history.

Can I pass a federal background check? ›

What does it take to pass a federal background check? The best way to pass the federal background check is to be honest. If you have no criminal history, outstanding debt, conflict of interests, or a history of bad behavior you should be able to pass the background check.

What is a Tier 1 background check? ›

Tier 1 is the investigation for positions designated as low-risk, non-sensitive. It is also the minimum level of investigation for a final credentialing determination for physical and logical access. Tier 1 investigations are requested using the Standard Form (SF) 85.

What happens if you are denied a security clearance? ›

The federal government can take up to six months to approve your application for security clearance. If you're denied clearance, you will be issued a notice (called a “Statement of Reasons” or SOR) that outlines the specific reasons, disqualifiers, or areas of concern that determined the decision.

What does Eqip look for? ›

e-QIP is a web-based automated system that was designed to facilitate the processing of standard investigative forms used by DCSA and other Investigation Service Providers (ISP) when conducting background investigations for Federal security, suitability, fitness and credentialing purposes.

Can you get a security clearance after being denied? ›

Federal contractors, civilian government employees and military personnel can reapply for a security clearance after a period of one year. Don't be discouraged by a previous denial. It's no big deal to reapply; it happens successfully all of the time.

Can a felon go on a cruise? ›

Short Answer: Yes, a felon can go on a cruise but not all types of cruises. It depends on the type of cruise and what the destinations, or ports you will be visiting while on the cruise ship. Not all ports and countries will allow US felons on their soil or waterways.

What countries can felons not travel to? ›

Here is a list of countries that don't allow convicted felons to enter:
  • Argentina.
  • Australia.
  • Canada.
  • China.
  • Cuba.
  • India.
  • Iran.
  • Israel.

Can felons join the military? ›

The Army, like the rest of the military, wants soldiers who meet "moral character standards." A felony conviction suggests you may not meet the standard. If the military agrees to waive its enlistment standards, felons can join the Army if they meet the other mental and physical requirements.

Can a felon work for the FAA? ›

Substance abuse and being branded a security threat are common reasons for FAA denial. Although felons are not strictly barred from becoming pilots, the FAA has leeway in denying licensing. Good moral character is an expected character trait of pilots. If you are unsure about your felony conviction, contact the FAA.

Do Kohls hire felons? ›

Yes, Kohl's does hire felons on a case-by-case basis.

Kohl's will perform a thorough background check on all candidates, looking for any felony convictions within the last 7 years. Remember to always be honest and straightforward about any criminal history during the hiring process.

Can you be a flight attendant with a background? ›

You will not be hired if you have a felony on your record. If you had a DUI or misdemeanor within the ten-year period, you may still be hired at the discretion of the airline hiring you.

Should I worry about background check? ›

Should I be worried about a background check? A background check is a prerequisite of the hiring process and cannot be avoided. As long as you are honest on your resume and understand your rights, you will not have anything to worry about. Be sure to review the background check laws in your state before applying.

How do I know if I passed my background check? ›

If you passed a background check, you will typically know it because the employer will move forward with hiring you. Most employers only conduct background checks at the end of the hiring process, often after extending a conditional offer of employment.

How often do background checks fail? ›

And even then, the majority of employers (59%) only disqualify 5% or fewer applicants based on past criminal convictions, according to Sterling Talent Solutions' Background Screening Trends & Best Practices Report—and 67% of employers said they would proceed with a candidate evaluation after finding a conviction not ...

Does SC clearance lapse? ›

It is Cabinet Office policy that an SC clearance must be formally reviewed after 10 years (5 years for non-List X contractors). The risk owner has the discretion to review a clearance at any time up to that point.

What kind of questions are asked in a security clearance interview? ›

Questions about experience and background

Name three responsibilities you had in your last job and describe what you learned from them. Can you tell me about your law enforcement experience? Have you ever held a security clearance before? Have you ever had access to classified or top-secret information before?

Can you fail security vetting? ›

Other reasons to fail a security clearance may be that the vetting officials will look for gaps in your employment record and if you have any, you'll need to explain why. This is especially true if you have long gaps in between certain jobs.

How long does Eqip process take? ›

You will have seven (7) business days to complete your online e-QIP and the additional forms that were sent to you.

Does SC clearance include credit check? ›

The Security Check process includes an examination of your credit and financial history with a credit reference agency, which will show if you have had debt problems in the past, if you have a poor credit score and if you have been the subject of action such as a county court judgement.

Does credit card debt affect security clearance? ›

Many people who require a security clearance for their jobs run into problems due to financial difficulties. Under the Department of Defense's guidelines, the “failure to live within one's means, satisfy debts, and meet financial obligations” may be cited as grounds for rejecting or revoking a clearance.

What is a Tier 4 background check? ›

Tiers Three and Four – Secret Security Clearance & High Risk Public Trust. This clearance tier means that you are allowed access to information or material that could cause grave danger to the security of the United States if it were disclosed. Tiers 3 and 4 are included under this category.

Can family members affect security clearance? ›

Absolutely! In fact, the mere existence of a family member under certain circumstances can preclude or limit a security clearance.

How long does it take to get a security clearance 2022? ›

If a hiring office requests it, an applicant may be granted an interim security clearance within a few weeks after submitting a complete security package. Final clearances usually are processed and adjudicated in less than 90 days.

Is Nike felony friendly? ›

No, Nike does not hire felons.

The company performs a thorough background check during the hiring process. If you have a felony on your record, you are not considered for employment.

Is Tjmaxx felon friendly? ›

11 answers. Yes, they do. As long as your felony is 7-10 years old.

Is Marshalls felon friendly? ›

Yes, Marshalls does hire felons.

From our research, we have found several positive indicators that Marshalls is felon friendly. For one, In the past, Marshall has posted job vacancies on felon-friendly job sites.

Why would I be denied Global Entry? ›

In short, even minor criminal convictions or customs violations, regardless of their age, could result in a preliminary denial of Global Entry membership. If your Global Entry application has been rejected, you should promptly consult with an experienced Global Entry appeal lawyer.

How thorough is Global Entry background check? ›

Global Entry is a voluntary program available to travelers who pass a comprehensive background investigation. There is a computer check against criminal, law enforcement, customs, immigration, agriculture, and terrorist indices to include biometric fingerprint checks and then a personal interview with a CBP officer.

Is criminal history a disqualifier for Global Entry? ›

In order to qualify for global entry, the traveler must submit an application and go through a criminal background check. The background check would reveal any arrests or convictions on the person's criminal record. A DUI arrest or conviction can result in the person being denied global entry privileges.

What are FAA disqualifying crimes? ›

These violations include security-related offenses at an airport, on board an aircraft (including assault, threat, intimidation, or interference with flight crew, physical or sexual assault or threat of physical or sexual assault of any individual on an aircraft), at a maritime port, in connection with air cargo, and ...

Can the FAA see expunged records? ›

Thus, agencies such as the Transportation Security Administration (TSA), Federal Aviation Administration (FAA), Department of Homeland Security (DHS), and Federal Bureau of Investigation (FBI), for example, will most likely still be able to see your expunged records.

Do airlines do FBI background check? ›

All airlines will administer a 10-year FBI background check.

Can you fail SC clearance? ›

An applicant can be refused security clearance. The vetting team need to ensure you do not prove a threat, you can be trusted, and you have a verifiable background. If you are refused security clearance and you are unhappy with the decision, you can appeal through the independent security vetting Appeals Panel.

What does SC clearance check? ›

Security Clearance (SC)

An example of a CTC/SC Questionnaire can be found here. Security Clearance will involve a check against police records, and this will reveal all cautions and convictions that are held on these systems. Note – the DBS filtering process does not apply.

Can you get UK security clearance with a criminal record? ›

Security clearance applications are treated on a case-by-case basis, and any criminal record will be considered in light of the circumstances, the age of the offence and your age at the time. Failure to disclose a criminal record will, however, prevent you from gaining security clearance.

How do you get SC cleared in the UK? ›

To hold security clearance you must go through a process called national security vetting, which is a series of background checks to assess your suitability to have access to sensitive information, assets and equipment.

What happens if you are denied security clearance? ›

If you are unsuccessful, you will be barred from reapplying for a security clearance for an additional 12-month period, and risk further setbacks to your career.

How do you pass a security clearance? ›

HOW DO YOU GET A SECURITY CLEARANCE?
  1. The first phase is the application process. This involves verification of U.S. citizenship, fingerprinting and completion of the Personnel Security Questionnaire (SF-86).
  2. The second phase involves the actual investigation of your background. ...
  3. The final phase is the adjudication phase.

Does SC clearance include credit check? ›

The Security Check process includes an examination of your credit and financial history with a credit reference agency, which will show if you have had debt problems in the past, if you have a poor credit score and if you have been the subject of action such as a county court judgement.

What are the 5 levels of security clearance? ›

Hierarchy
  • Controlled Unclassified.
  • Public Trust Position.
  • Confidential.
  • Secret.
  • Top Secret.
  • Compartmented.

What credit report is used for security clearance? ›

The credit report run on a federal background investigation is more in-depth than the one you can pull for free or through your financial institution. The government credit check is a tri-merge, meaning it consolidates the reports of all three major credit bureaus (TransUnion, Equifax, and Experian) into one.

What kind of questions are asked in a security clearance interview? ›

Questions about experience and background

Name three responsibilities you had in your last job and describe what you learned from them. Can you tell me about your law enforcement experience? Have you ever held a security clearance before? Have you ever had access to classified or top-secret information before?

Why would you fail security clearance? ›

Incomplete Application Or Missing Information

This is a more common reason to fail a security clearance than you may think. You also need to include any documents they ask for, such as birth certificate, utility bills, or anything else that proves your identity.

How long does a criminal record last? ›

If the person was 18 years of age or older at the time of the offense (i.e. legally considered to be an adult), then the conviction will be expunged from their record 11 years after the conviction date (not the offense date).

How do you fail vetting? ›

You'll also most likely be declined vetting clearance if any of the following apply to you:
  1. You've committed offences where vulnerable people were targeted.
  2. You've committed offences motivated by hate or discrimination.
  3. You've committed offences of domestic abuse.
  4. You have an outstanding County Court Judgement (CCJ)

Can family members affect security clearance? ›

Absolutely! In fact, the mere existence of a family member under certain circumstances can preclude or limit a security clearance.

What is the highest security clearance? ›

There are three levels of security clearance: confidential, secret, and top secret.

Can you fail a Bpss check? ›

Can you fail a BPSS check? The BPSS isn't really designed as a “pass or fail” check, but more of a risk reduction measure. The aim is to ensure that government departments understand who is working for them and manage any risks around that.

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