Securing a security clearance is essential for military members, government employees, and contractors.

No clearance, no career.

If you have a criminal record, you might wonder if it will affect your chances of getting or keeping a security clearance level. While breaking the law doesn’t automatically disqualify you from receiving security clearance, it can create some challenges. With the right legal strategy, you may still be able to secure a clearance.

How Past Legal Issues Impact Security Clearance

Having a criminal record doesn’t mean an automatic denial of security clearance. The Department of Defense and other government agencies evaluate applications using the SEAD 4 and applies the “Whole-Person Concept” to each applicant. This approach considers factors such as the seriousness of the offense, how long ago it occurred, and whether you’ve demonstrated rehabilitation.

For example, minor infractions or older offenses may be overlooked if you’ve shown good behavior since. Whereas, more serious offenses, especially those involving dishonesty or violence, could lead to disqualification, but even these can sometimes be mitigated with a strong case.

Why Legal Representation Matters

The process for obtaining or keeping a clearance can be complicated, especially if a blemish on a criminal record is involved.

Working with a skilled North Carolina security clearance attorney to tell your story and give the Defense Counterintelligence and Security Agency or National Security Agency a clear picture of your character and trustworthiness can greatly increase your chances of success.

An attorney can help you with the application, advise on what to disclose, and represent you if your clearance is challenged due to criminal conduct.

Ways to Improve Your Chances of Receiving Security Clearance After A Criminal Offense

If you've faced criminal penalties in the past, there are several ways you can improve your chances of obtaining security clearance:

Rehabilitation: Show that you’ve made positive changes in your life, such as staying out of trouble and attending counseling or rehabilitation programs.

Full Disclosure: Be honest about your past during the application process. Lying or omitting details can lead to disqualification. It’s better to address the issue head-on than risk being caught in a lie.

Character References: Gather strong references from respected members of the community who can speak to your reliability and trustworthiness.

Understanding Other Potential Clearance Disqualifiers

Several other factors can disqualify someone from receiving or maintaining a security clearance. These include but are not limited to:

Drug and alcohol use: Repeated offenses, especially for drug use, can raise concerns about judgment and reliability.

Financial irresponsibility: Large unpaid debts or a history of fraud can also be a red flag that will stand in the way of obtaining security clearance.

Personal and professional conduct: Dishonesty, either on your security clearance forms or in other aspects of your personal or professional life, can jeopardize your application for security clearance.

Working with Matthew Thomas Law, PLLC

At Matthew Thomas Law, PLLC, we have extensive experience handling security clearance cases. Attorney Matthew Thomas is an award-winning former judge advocate for the USMC, so he personally understands the laws involved, and how important clearance is for his clients. 

Whether you’re applying for a clearance for the first time or need help after a denial, our team in North Carolina is here to guide you through the process.

Take the First Step to Secure Your Career and Your Clearance

If you have legal issues that may affect your security clearance, don’t hesitate to contact us. We’ll provide personalized guidance and help you take practical steps to improve your chances of success. Contact Matthew Thomas Law, PLLC today to schedule a consultation.