Secret Security Clearance Granted with Misdemeanor?

[BeDJ]

Hey everyone,

I am applying for a secret security clearance with the federal government and had a misdemeanor record in 2007. I am not applying as a military personnel, but as a government contractor. Would that automatically disqualify me?

Thanks.

 

[Vulpine]

Hey everyone,

I am applying for a secret security clearance with the federal government and had a misdemeanor record in 2007. I am not applying as a military personnel, but as a government contractor. Would that automatically disqualify me?

Thanks.

I would say no, but, before running the security clearance try to petition the court to have the misdemeanor expunged from your record. That way, it surely won't get in your way.

 

[logicallefty]

It is all going to depend on what the conviction is for. There is a category of crimes called "crimes of moral turpitude" and some felonies and misdemeanors can fall into that category, and some do not.

If it's not a misdemeanor that falls into that category you will probably be fine.

I have a misdemeanor on my record and I am still able to be a police officer in Illinois because it's not for a crime of moral turpitude.

 

[Special EDy]

I have a class C misdemeanor that hasnt ever shown up during a background check.

Id be willing to bet that a B or especially an A would however.

At least its not a felony, if that was the case I wouldnt even bother applying

 

[VikingKing]

I would say no, but, before running the security clearance try to petition the court to have the misdemeanor expunged from your record. That way, it surely won't get in your way.

Getting something expunged doesn't get rid of any record. The federal government can see all of that stuff. So can the police.

 

[VikingKing]

I have a class C misdemeanor that hasnt ever shown up during a background check.

Id be willing to bet that a B or especially an A would however.

At least its not a felony, if that was the case I wouldnt even bother applying

What kind of back round check?

For example, if its for a civilian job that's different. If it is the government they can see everything, expunged or not.

 

[logicallefty]

What kind of back round check?

For example, if its for a civilian job that's different. If it is the government they can see everything, expunged or not.

They legally can't used an expunged record against you even if they do see it somehow. They would be breaking the law if they did. I know when I was a police officer and I would run people in a law enforcement capacity, expunged records did not show up. Know that for a fact.

 

[dasein]

I thought expungement worked only on arrests where no conviction resulted, not actual convictions, am I mistaken?

 

[logicallefty]

I thought expungement worked only on arrests where no conviction resulted, not actual convictions, am I mistaken?

In Illinois you can apply to have any arrest expunged so long as you don't have any convictions on your record at all.

Some convictions can be SEALED which means your average civilian employer won't be able to see it but law enforcement still can.

Finally, you can apply for a "Governor's Pardon with Authorization to Expunge" which means he can pardon you for the crime and say he is OK with you having this conviction expunged too. If he grants that you can take your paperwork from him to circuit court and apply to have that conviction actually expunged. The State's Attorney can then object to it if he wants, but if that is granted, in effect, you can have a conviction for "murder" or anything else completely go away like it never happened.

 

[Special EDy]

What kind of back round check?

For example, if its for a civilian job that's different. If it is the government they can see everything, expunged or not.

Yeah just normal jobs, the most difficult being a children's museum.

But I didnt have them expunged, they just didnt show up. Like logicallefty said, there are only a few serious ones that can come back to haunt you, like misdemeanor possession of a controlled substance, maybe some sexual crimes or violent crimes. I dont have a lot of experience on the matter but I believe typically Felony convictions are going to screw you out of most decent jobs, misdemeanors are dependent on type of crime and level of severity, like whether its an A, B, or C. C is just a slap on the wrist or a fine, B could involve some jail time or probation and an A would almost guarantee some sort of jail or probation. Once you get to Felonies your looking at possible prison sentence.

 

[logicallefty]

But I didnt have them expunged, they just didnt show up.

Another factor too is that not all courthouses centrally share information in the civilian/private side like are shared on the law enforcement side. LEOs have systems that share all records from all States centrally, but there is nothing that perfect on the private side.

The courthouses that do share it centrally on the private side are easier for the employers to find. For the others that don't share it, the employer can only find it if they check directly with that courthouse, if they suspect something might be there or if they just want to see (because its a town you lived in before)..

It comes down to how much effort the employer wants to put into digging more to see if you have anything out there, or, just assume that sense nothing popped up on their screen, you don't..

My misdemeanor is in a county who's courthouse does not share their information centrally, so if joe employer runs me they won't ever see it. But if you go in that county's website and put in my name, you will find it.

 

[Stagger Lee]

Under a full field federal background investigation, they go the courthouse of everywhere you lived and physically check records even expunged records. Not disclosing all of your issues even expunged ones is considered deception.

That said a top secret clearance for a contractor is most likely much more lenient and less thorough. A misdemeanor probably wouldn't DQ you.

 

[Moonlounger]

^^^ Exactly ^^^

If you aren't forthright with the information, that alone could be grounds for denial. Even if you get it expunged, you should mention it on the investigation forms or during any interview with an investigator. Nothing is every truly expunged by the way.

It depends on your investigator too, some of them are extremely thorough, though many just want to check for the big stuff: terrorist, money problems, compulsive liar, dubious foreign contacts or vacations in North Korea, etc.