Owais Crawford
Security clearances are licenses issued by the federal government to allow individuals access to classified information. The presence of a felony conviction on an individual's record may hinder their ability to obtain airport security clearance. The specific impact depends on the nature of the felony, the time elapsed since the conviction, and the jurisdiction in question. In the United States, for example, certain felonies, such as espionage, treason, terrorism, and transportation security incidents, are disqualifying factors for airport security clearance. Other factors, such as the applicant's honesty, trustworthiness, and financial responsibility, are also considered.
| Characteristics | Values |
|---|---|
| Disqualifying Offenses | Espionage, Sedition, Treason, Terrorism, Transportation Security Incident, Unlawful Possession of a Firearm, Fraud, Assault, Threat, Intimidation, Sexual Assault |
| Disqualification Criteria | Conviction, Guilty Plea, Found Not Guilty by Reason of Insanity, Released from Incarceration within 5 Years of Application |
| Impact of Criminal History | Examiners will scrutinize background and character more closely; older convictions are less likely to affect clearance |
| Positive Factors Considered | Age of conviction, rehabilitation, whether conviction was an isolated incident, coercion, involuntary criminal act |
| Security Clearance Levels | Confidential, Secret, Top Secret |
| Security Clearance Requirements | US Citizenship, Character (honesty, trustworthiness, financial responsibility), Access to Classified Information |
| Impact on Employment | Loss of security clearance may result in job loss or hindered career advancement |
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What You'll Learn
Disqualifying felonies
The Transportation Security Administration (TSA) outlines several disqualifying offenses for airport security clearance. An applicant will be disqualified if they have been convicted, pled guilty, or found not guilty by reason of insanity for certain felonies, regardless of when they occurred. These felonies include:
- Espionage or conspiracy to commit espionage
- Sedition or conspiracy to commit sedition
- Treason or conspiracy to commit treason
- Federal crime of terrorism
- Crime involving a transportation security incident (TSI) resulting in significant loss of life, environmental damage, transportation system disruption, or economic disruption
Additionally, an applicant will be disqualified if they are wanted or under indictment for a felony until the warrant is released or the indictment is dismissed. Conviction for certain felonies within seven years of the application date or release from incarceration within five years of the application will also result in disqualification. These felonies include:
- Unlawful possession, use, sale, manufacture, distribution, or transfer of firearms or other weapons
- Dishonesty, fraud, or misrepresentation, including identity fraud and money laundering related to crimes listed in Parts A and B
Other disqualifying factors include violations of transportation security regulatory requirements, such as security-related offenses at an airport, on board an aircraft, or in connection with air cargo. These offenses include assault, threat, intimidation, interference with the flight crew, and physical or sexual assault. Providing false or fraudulent documents, making bomb threats, or bringing firearms or other prohibited items to an airport or onboard an aircraft will also result in disqualification.
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Waivers for mitigating conditions
While certain felonies will disqualify an applicant from airport security clearance, waivers can be granted in certain circumstances. The Department of Defense (DoD) has the authority to grant waivers, but they have been hesitant to use this power, particularly in industrial cases. This is due to the potential challenges in monitoring conditions and the importance of ensuring that individuals with access to classified information can follow rules and regulations.
The National Adjudicative Guidelines for Security Clearances outline the conditions under which waivers can be granted. For example, if an applicant is denied clearance due to a single mitigating factor, a waiver may be granted if the applicant is deemed to be of critical value to the employer. In such cases, additional security measures may be implemented, such as increased security monitoring, access restrictions, or the submission of periodic financial statements.
The evaluators will consider positive factors that could reduce the impact of a conviction, such as the age of the conviction and whether the applicant has been rehabilitated. Guideline A, for instance, notes that an individual's allegiance to the United States may be questioned if there is any reason for doubt, but a potential mitigating circumstance is if the individual was unaware of a friend's involvement in activities against the country.
It is important to note that certain offenses, such as espionage, treason, or terrorism, are considered so egregious that they will likely result in an automatic denial of clearance, regardless of mitigating circumstances. Additionally, applicants who are wanted or under indictment for a felony will be disqualified until the warrant is released or the indictment is dismissed.
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Criminal history and character
A criminal history will make examiners look more closely at your background and character. The purpose of a security clearance is to allow an individual access to classified national security information for their job. Security clearances are issued based on an individual's character, particularly their honesty, trustworthiness, and financial responsibility. A history or pattern of criminal activity creates doubt about a person's judgment, reliability, and trustworthiness.
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 can result in the loss of your job or an inability to advance in your career.
In awarding security clearance despite a criminal history, evaluators will consider other positive factors that could mitigate or reduce the impact of your conviction. They will look at what has happened since your conviction to see if you have been rehabilitated. This might include the age of the conviction (without later arrests or incidents) and the steps you've taken toward rehabilitation. The older the conviction, the less likely it is to affect your ability to obtain a security clearance.
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. A misdemeanor conviction may not disqualify you unless the crime involves alcohol, drugs, firearms, explosives, or sexual conduct. However, certain felonies will result in automatic disqualification, such as treason, terrorism, sedition, and espionage.
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Security clearance suspension/revocation
Security clearance is a license issued by the federal government that allows individuals to access classified information. It is based on an individual's character, particularly their honesty, trustworthiness, and financial responsibility.
A security clearance suspension is an interim decision pending the decision to revoke or reinstate security clearance. It is typically issued when the government or issuing agency determines there is an issue with the individual relative to the adjudicative criteria. Unfortunately, there is no appeal process for a suspension, and the government is not bound by a timeline to resolve it. However, the government is required to immediately investigate the issue and provide the applicant with the opportunity to appeal the decision. During the suspension, an individual's ability to do their job is significantly limited, and they may or may not be assigned temporary duties.
A security clearance revocation is the cancellation or withdrawal of an individual's security clearance. It is a more severe outcome than suspension, as the federal government has decided that the individual should no longer have access to its sensitive information. Before a revocation is issued, there is an investigation followed by a review of the findings. Some reasons for revocation include financial issues, such as excessive debt or questionable financial activities, and certain felony convictions, such as espionage, treason, terrorism, or crimes involving transportation security incidents.
If an individual is facing a potential revocation, they can take immediate action by hiring a federal security clearance attorney to advocate for a fair outcome. They have the right to appeal the revocation and should file a written rebuttal to the Statement of Reasons (SOR) that provides the basis for the decision. It is important to work with an experienced security clearance attorney to improve the chances of getting clearance back and to identify steps to mitigate past misconduct.
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Impact on career
A criminal record, including felonies, can have a significant impact on an individual's career, particularly if their work depends on security clearance. Security clearances are licenses issued by the federal government that allow access to classified information. While most jobs requiring security clearance are with the US government or military, many civilian contractors in industries related to government work, such as aerospace or weapons manufacturing, also require clearance.
The presence of a criminal record may hinder an individual's ability to obtain or maintain security clearance, which in turn can result in the loss of a job or an inability to advance in a chosen career. The nature of the offence, the time that has passed since the incident, and the steps taken towards rehabilitation can all affect the outcome. Some minor offences might be considered isolated incidents and have a lesser impact, while more severe felony charges could have a significant effect on an individual's status.
When applying for security clearance, full disclosure of criminal history is required. The granting of security clearance despite a criminal history will be considered on a case-by-case basis, with evaluators looking at positive factors that could mitigate the impact of the conviction, such as the age of the conviction and evidence of rehabilitation. Certain felonies will result in automatic disqualification, including treason, terrorism, transportation security incidents, and crimes involving firearms or other weapons.
In addition to the impact on security clearance, a felony conviction can create doubt about an individual's judgment, reliability, and trustworthiness, which are essential characteristics for many careers. A criminal record may also result in hefty fines and long prison sentences, further limiting career prospects. Therefore, avoiding criminal activity is the best course of action for those whose livelihoods depend on security clearance.
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Frequently asked questions
It depends on the nature of the felony, the time that has passed since the conviction, and the jurisdiction. Some felonies, such as treason, terrorism, and transportation security incidents, are disqualifying. However, if enough time has passed since the conviction and you can demonstrate rehabilitation, your application may still be considered.
When applying for security clearance, you must disclose all criminal convictions and charges. This includes felonies, misdemeanors, and any arrests or incidents. Failure to disclose may result in disqualification or revocation of clearance.
Evaluators will consider the nature of the offense, the time since the conviction, and any positive factors or rehabilitation. They will also assess your character, including your honesty, trustworthiness, and financial responsibility. The agency you are applying to will have its own guidelines and will determine whether your conviction precludes you from obtaining security clearance.
