Tough Representation Backed By Experience

Can a criminal charge impact a security clearance?

On Behalf of | Oct 20, 2023 | Criminal Offenses |

Being charged with a crime can be a stressful experience. When you work in an industry that requires a security clearance, the stress level can be even higher. Losing your clearance might mean losing your job, so it’s crucial to understand the impact a criminal charge could have on your security clearance.

A security clearance isn’t just another line on your resume. It’s a vetted status which indicates that you can be trusted with sensitive information. Various agencies and organizations require different levels of clearance, and the impact of a criminal charge could vary depending on the level you hold.

Understanding the adjudicative guidelines

The federal adjudicative guidelines are one of the primary resources used to determine eligibility for a security clearance. These guidelines outline the various factors that might affect your ability to maintain a clearance. Personal conduct, financial considerations and criminal history are all considered. A criminal charge doesn’t automatically disqualify you but can raise questions about your judgment and reliability.

Facing a criminal charge could initiate a reevaluation of your current clearance level. Depending on the severity and circumstances surrounding the charge, you might face a downgrade or even complete revocation of your clearance. You may be suspended from your position while an investigation is conducted.

Assessments are made on a case-by-case basis

No two situations are identical when it comes to security clearances and criminal charges. Factors such as the nature of the offense, the time that has passed since the incident and the steps you’ve taken to make amends can all affect the outcome. Some minor offenses might be considered isolated incidents and may have a lesser impact, while more severe charges could significantly jeopardize your clearance status.

If you face a criminal charge, it’s essential to consult with legal professionals who can guide you through the complexities of your situation. They can help you understand your options and how best to navigate the situation, keeping your security clearance in mind. Even if the charge is eventually dropped or you’re found not guilty, the fact that it was made could still influence your clearance status, so it’s crucial to manage the situation proactively.