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Security Clearance

A security clearance is a status granted to individuals allowing them access to classified information. Those trying to get a clearance may have questions such as how does one go about attaining a clearance? And, what are the different levels? As well as other questions. This area will allow those that have clearances offer advice and suggestions to those inquiring about clearances or upgrading their clearances.

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rlwdcma  
#1 Posted : Friday, September 25, 2009 10:57:23 AM(UTC)
rlwdcma

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was wondering i got an email today from DCMA for a position i applied for and said my clearance waiver was denied, I do have a felony on my record and was wondering if that was the end of the line for me. The EMAIL said there would be a favorable investigation but no timeframe do I be patient or are my chances over?
BackGdInvestigator  
#2 Posted : Monday, September 28, 2009 9:56:43 AM(UTC)
BackGdInvestigator

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Be patient. Some felonies are automatic DQs, others are not.
*DISCLAIMER*Correctly filling out your security forms will not guarantee you a clearance in 3 months BUT be sloppy and your case will be in the field a heck of a lot longer, guaranteed.
fletch2015  
#3 Posted : Wednesday, October 07, 2009 9:07:51 AM(UTC)
fletch2015

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That's interesting. I would have thought that any felony is an automatic disqualifier. Eek Maybe I'm living in the past.

What kind of felonies are not automatic DQs?
HRAnalyst  
#4 Posted : Wednesday, October 07, 2009 9:44:20 PM(UTC)
HRAnalyst

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I have a felony on my record. I was charged with Burglary II. I was not convicted, the case was eventually dismissed by the judge but it's on my police nonetheless and I disclosed it on my SF86. It was a non-issue with my security contact. In fact, he wanted more explanation about a couple judgements from almost 7 years ago.

Bottom line-I am now working at my new agency on an interim clearance. Good luck to you!
1102CO  
#5 Posted : Wednesday, October 07, 2009 10:31:24 PM(UTC)
1102CO

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For DoD, statute provides that if you have a felony conviction, you may not receive a security clearance unless you obtain a waiver from the Secretary of Defense.
PERSEC  
#6 Posted : Thursday, October 08, 2009 4:53:49 AM(UTC)
PERSEC

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Incorrect. I believe you are refering to the Smith Amendment which stated that if you have been convicted of a crime and served 365 consecutive days or more in prison you are barred from having a clearance.

The smith amendment has been repealed entirely and is no longer in effect as of January 2008. The same rules may prevent you from having access to SCI or SAP material but do not apply to collateral TS or Secret clearances.

I believe backgroundinvestigator is referring to suitability determinations as far as instant DQ's.

I'm not an expert on suitability so I cant/wont comment, but as far as clearance adjudication, an entirely seperate process, there are no instant disqualifying crimes written into law with regards to collateral clearances. Full stop. Common sense says that if you've been convicted of spying before it aint happening again though.

In any case, I can refer you to a few examples of security clearance appeals. My particular favorite is a gentleman who was convicted and served time for manslaughter and appealed for this TS clearance and it was granted by the DoD, and there are several others that are similar.

If you have any sort of derogatory info like the felony you mention, it will almost always prevent you from getting an interim clearance (what you refered to as a waiver), and you will have to wait out the full investigation.
sterling  
#7 Posted : Saturday, October 17, 2009 11:58:31 PM(UTC)
sterling

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I am confused somehow Felony record if it is not convicted. I got a felony charge 3 years ago. The court amended the charge to a misdememeanor that I convicted. If I fill the form, should I fill in the felony as the record? Or just fill in the misdemeanor charge? Anyone can answer it? Thanks. Confused
K-9  
#8 Posted : Sunday, October 18, 2009 3:47:13 AM(UTC)
K-9

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You were arrested so you have to list it. If I remember correctly it asks for the original charge and then the conviction. I was arrested and was charged with a Felony also but was dropped the same night meaning not tried but I still list it as it will come up on your Criminal background check.

Charge and conviction are different things. It will still be looked at and gone threw. Just make sure you get your court dispositions to have them for the investigator and a copy to send with your documents when you send you TO packet up.


SGT. K
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