Guideline J - Security Clearance Attorney

Past criminal conduct is one of the most common issues that prevent applicants from obtaining a security clearance.  Members of the military, federal employees, as well as, federal contractors are often required to obtain and maintain a security clearance.  Unfortunately, prior criminal conduct can inhibit them from doing so.  It is not a foregone conclusion that the federal government will deny a security clearance applicant with prior criminal issues.  However, the federal government cautiously grants security clearances to applicants with criminal histories.  As a result, the federal government scrutinizes applicants with past criminal conduct to ensure security clearance applicants are able to follow the procedures for handling secret and top-secret materials.

DoD Directive 5220.6 and Security Executive Agency Directive 4 (SEAD 4) Guideline J governs criminal conduct that could prevent an applicant from obtaining a clearance.

Below is an excerpt from DoD Directive 5220.6:

“Criminal activity creates doubt about a person’s judgement, reliability, and trustworthiness.  By its very nature, it calls into question a person’s ability or willingness to comply with laws, rules, and regulations.”

Issues that can raise concerns and potentially disqualify a candidate from obtaining a security clearance include:

·      A pattern of minor offenses;

·      Any evidence of criminal conduct, regardless if the security clearance applicant was formally charged, prosecuted or convicted; 

·      Any evidence of:

o   Credible allegations of criminal conduct;

o   An applicant’s admission of committing or being involved with criminal conduct; &

o   Official records evidencing criminal conduct.

Additional concerns include:

·      Whether a security clearance applicant is currently on parole or probation;

·      Whether a security clearance applicant has previously violated parole or probation; &

·      Whether a security clearance applicant has been administratively or punitively discharged from the military with a less than an Honorable discharge.

As mentioned above, however, there are mitigating circumstances that can alleviate any concerns that were raised.  They include:

·      The amount of time that has passed since the last allegation of criminal conduct;

·      Proof that circumstances which facilitated the criminal conduct are no longer present in the security clearance applicant’s life;

·      Evidence that the security clearance applicant was pressured or coerced into committing the act and those pressures are no longer present in the person's life;

·      Evidence to support that the security clearance applicant did not in fact commit the alleged offense; and

·      Evidence that the security clearance applicant has successfully been rehabilitated.  Successful rehabilitation can be shown through:

o   the passage of time without recurrence of criminal activity,

o   restitution,

o   compliance with the terms of parole or probation,

o   job training or higher education,

o   good employment record,

o   constructive community involvement.

If you have been issued a Statement of Reasons for Guideline J issues or you’re concerned that your past criminal history will flag your SF-86, we recommend consulting Matthew Thomas Law, PLLC to determine your next steps. Contact us today and schedule a free consultation.