Can a Convicted Felon Get a Security Clearance?

According to the United States Department of Defense (DoD) and the Office of Personnel Management (OPM), having a felony conviction does not automatically disqualify someone from obtaining a security clearance. However, it does significantly complicate the process and requires a deep evaluation of the circumstances.

Most people assume that a felony conviction slams the door shut on getting a security clearance. It’s a reasonable assumption—but not entirely true. The U.S. government doesn’t operate on a one-size-fits-all rulebook here.

The Office of the Director of National Intelligence (ODNI) and Department of Defense (DoD) use 13 specific guidelines to determine who can be trusted with classified information. A criminal record is a factor, yes—but it’s one of many. And it’s not always a dealbreaker.

What Is a Security Clearance?

A security clearance is a formal authorization that allows individuals to access classified national security information. There are three main levels:

1. Confidential
2. Secret
3. Top Secret

Some highly specialized roles may require additional designations like Sensitive Compartmented Information (SCI) or Special Access Programs (SAP).

These clearances are necessary for:

• Federal jobs
• Defense contractors
• Military personnel
• Cybersecurity experts
• Intelligence agencies like the CIA, NSA, and FBI

So yeah, not something handed out lightly.

More Opportunities: Can a Felon Get a TWIC Card?

13 Adjudicative Guidelines for Security Clearances

The federal government evaluates security clearance candidates using 13 Adjudicative Guidelines. These guidelines are set by ODNI and include:

1. Allegiance to the United States
2. Foreign Influence
3. Foreign Preference
4. Sexual Behavior
5. Personal Conduct
6. Financial Considerations
7. Alcohol Consumption
8. Drug Involvement and Substance Misuse
9. Psychological Conditions
10. Criminal Conduct
11. Handling Protected Information
12. Outside Activities
13. Use of Information Technology Systems

Of these, Criminal Conduct (Guideline J) is the one that directly relates to felony convictions.

Guideline J: Criminal Conduct – What It Says

According to Guideline J, criminal behavior—especially a pattern of lawbreaking or recent felonies—can indicate a lack of judgment or integrity, which are big red flags in national security.

However, it’s not all black and white. Guideline J considers:

• The nature, seriousness, and recency of the offense
• The circumstances surrounding the offense
• Whether it was an isolated incident or part of a pattern
• Evidence of rehabilitation
• Whether the individual has reformed
• The age at the time of the offense
• The length of time since the conviction

So yes—a felon can be granted security clearance if the reviewing agency is convinced they are no longer a risk.

What Types of Felonies Can Disqualify You?

Now we’re getting into the meat of the issue. Let’s talk examples. Not all felonies are created equal.

Felonies that often lead to denial:

• Espionage
• Treason
• Murder
• Rape or sexual assault
• Child exploitation
• Major drug trafficking
• Terrorist activity
• Identity theft involving federal data
• Weapon trafficking or violent gang-related crimes

These are considered major threats to national security. If you’ve got one of these on your record? It’s nearly impossible—but not 100% ruled out.

Felonies that may not automatically disqualify you:

• Non-violent drug possession (depending on the time passed)
• DUI/DWI (especially if it was more than 7–10 years ago)
• Theft or fraud below a certain dollar threshold
• Felony related to resisting arrest or obstruction of justice
• Financial fraud (if fully disclosed and resolved)

Real-Life Examples

Let’s bring this to life with a few case studies (names changed for privacy):

1. John – Navy Veteran with a DUI

John, a Navy IT technician, got a felony DUI at 24. He went through rehab, stayed sober for over 10 years, and reapplied for security clearance at age 35. His clearance was granted after a thorough investigation and character references.

2. Maria – Convicted of Wire Fraud

Maria was convicted of wire fraud in a real estate scam at 29. She served time and tried to join a federal contractor company at 40. Her clearance was denied due to “pattern of deceptive behavior,” even though it was over 10 years old.

What the Clearance Process Looks Like for a Felon?

Here’s what happens if a convicted felon applies for a security clearance:

1. Background Investigation

Conducted by the Defense Counterintelligence and Security Agency (DCSA), this includes criminal history, credit checks, interviews, and more.

2. SF-86 Form Filing

All applicants must disclose EVERY felony or misdemeanor—no matter how old.

3. Review by Adjudicator

An adjudicator from the DoD or relevant agency will compare findings against the 13 Adjudicative Guidelines.

4. Possible Interview

You may be called in for a Subject Interview to explain the circumstances of your crime.

5. Decision & Appeal

You’ll either be granted clearance or get a Statement of Reasons (SOR) explaining why you were denied. You can appeal.

Can Expunged or Pardoned Felonies Affect Clearance?

Here’s where things get tricky.

• Expunged Records: Must still be reported. The SF-86 form asks about ALL crimes—even if they were expunged.
• Pardoned Felonies: Must also be disclosed. A pardon might help your case, but it doesn’t erase the history in the eyes of the federal government.

Lying or omitting a felony on your clearance form is a federal crime itself—and will almost always result in immediate denial.

Tips for Felons Seeking Clearance

If you’re a convicted felon and you’re hoping to pass a security clearance review, here’s what you can do:

Be 100% Honest on SF-86

Disclose everything. Even sealed records.

Show Evidence of Rehabilitation

Include proof like certificates, letters of recommendation, therapy participation, or volunteer work.

Stay Out of Trouble

No new arrests, citations, or violations of probation/parole.

Seek Legal Guidance

A security clearance attorney can help navigate tricky parts of your case.

Be Prepared to Wait

Felony cases take longer to review and may require multiple steps.

Can Felons Join the Military and Get Security Clearance?

Yes—but it depends on the felony.

The military does accept recruits with felonies in certain cases through what’s called a moral waiver. However, even if the military accepts you, Top Secret clearance may still be off the table depending on your record.

Final Thought

Let’s not sugarcoat it: having a felony on your record makes getting a security clearance tough, but not impossible.

If you’ve turned your life around, stayed out of trouble, and can prove you’re no longer a risk, you may still have a shot.

Every case is different, and the government treats each one with the nuance it deserves. So don’t count yourself out—just know the road ahead won’t be easy.

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