Can you get a security clearance with a felony?

The rules

• Clearances are decided case by case under one government-wide set of guidelines, weighing your whole life, past and present, favorable and unfavorable.^1,2

  SEAD 4, Appendix A, paragraph 2: the 'whole-person concept' requires weighing all available, reliable information. Adjudicators consider the nature, extent and seriousness of the conduct; the circumstances; how often and how recently it happened; your age and maturity at the time; whether it was voluntary; rehabilitation and other permanent behavioral changes; motivation; potential for pressure or coercion; and the likelihood of recurrence. Each case is judged on its own merits, but 'any doubt' is resolved in favor of national security, and a single serious issue can be enough for denial. If concerns can be managed, an adjudicator may approve with a warning or with an exception (a waiver, conditions such as extra monitoring, or a deviation) under Appendix C. DCSA, whose adjudications office decides eligibility for Defense Department military, civilian and contractor personnel (and whose investigators run about 95% of federal background investigations), says it decides eligibility under SEAD 4.

• Under the criminal conduct guideline, a record is a concern, not an automatic bar: the conduct can count even without a conviction, and being on probation or parole is a listed concern.¹

  SEAD 4 Guideline J, paragraph 31, lists conditions that 'could raise a security concern and may be disqualifying': a pattern of minor offenses; evidence of criminal conduct (including a credible allegation, an admission or official records) 'regardless of whether the individual was formally charged, prosecuted, or convicted'; currently being on parole or probation; violating or having parole or probation revoked, or failing to complete a court-ordered rehabilitation program; and discharge from the Armed Forces for reasons less than 'Honorable.' There is no list of felonies that automatically disqualify you under this guideline.

• Time, unusual circumstances and rehabilitation can mitigate a criminal record.¹

  SEAD 4 Guideline J, paragraph 32: so much time has passed, or the conduct happened under such unusual circumstances, that it is unlikely to recur and doesn't cast doubt on your reliability, trustworthiness or judgment; you were pressured or coerced and those pressures are gone; there is no reliable evidence you committed the offense; or there is evidence of successful rehabilitation, including the passage of time without new criminal activity, restitution, compliance with parole or probation, job training or higher education, a good employment record, or constructive community involvement.

• Federal law bars granting or renewing any clearance for a current unlawful user of a controlled substance or an addict, with no waiver.^1,3,4,5

  50 U.S.C. 3343(b). SEAD 4 Appendix B says a meritorious waiver may not be authorized for this prohibition and applies the Bond Amendment's restrictions to all national security eligibility decisions, including sensitive positions. The bar is about current use or addiction, not a past drug conviction; past drug involvement is weighed under Guideline H, where mitigating factors include the passage of time, an established pattern of abstinence and a signed statement of intent to abstain. ODNI's December 2021 guidance says prior recreational marijuana use is 'relevant but not determinative' and encourages agencies to tell applicants to stop any marijuana use once the vetting process starts, which is when they sign the SF-86. That guidance predates the Justice Department's April 28, 2026 rule moving FDA-approved marijuana drug products and marijuana covered by a state medical marijuana license to Schedule III (91 FR 22714); marijuana is still a controlled substance, and no newer clearance guidance on marijuana was found, so ask your security officer before relying on that change.

• If you were convicted, sentenced to more than a year and actually incarcerated for at least a year, you can't get access to SCI, special access programs or Restricted Data unless the agency grants a meritorious waiver.^1,3,6

  50 U.S.C. 3343(c)(1)(A) and (c)(3), effective January 1, 2008: the disqualification covers a person 'convicted in any court of the United States of a crime', sentenced to imprisonment for a term exceeding 1 year, and incarcerated as a result for not less than 1 year. The same subsection covers dishonorable discharge or dismissal from the Armed Forces and a determination of mental incompetence. It does not bar a Secret or Top Secret clearance without SCI, SAP or Restricted Data access, and all three parts must be true: a felony with probation, or a long sentence with less than a year served, doesn't trigger it. The SF-86 asks about exactly these three facts and tells applicants to include qualifying convictions from federal, state, local or military courts, so a state conviction counts. Agencies must report waivers to Congress each year (3343(c)(4)).

• The SF-86 asks about arrests, charges and convictions in the last 7 years and about some offenses ever, including any felony charge, and you must report records that were sealed or expunged.^6,7,8

  SF-86 (revised November 2016), Section 22: in the last 7 years, any summons or citation in a criminal case (except traffic fines under $300 not involving alcohol or drugs), any arrest, any charge, conviction or sentence, probation or parole, or pending charges; and ever: a conviction with a sentence over 1 year and at least 1 year served, any felony charge, a domestic violence conviction, and any firearms, explosives, alcohol or drug charge. The form says to report information 'regardless of whether the record in your case has been sealed, expunged, or otherwise stricken from the court record, or the charge was dismissed', except federal drug convictions expunged under 21 U.S.C. 844 or 18 U.S.C. 3607. DCSA still lists the SF-86 as the standard form for national security investigations; it is usually filled out online in the NBIS eApp, which skips questions that don't apply to you. In July 2026 OPM asked to renew the SF-86 without change and said it plans to replace it with a Personnel Vetting Questionnaire that is approved and in development; OPM also says that for civilian federal job applicants the SF-86 is used only after a conditional job offer.

• Leaving a conviction off the form, or lying to an investigator, can sink a clearance faster than the record itself.^1,6

  SEAD 4 Guideline E (Personal Conduct): deliberately omitting, concealing or falsifying relevant facts on a security questionnaire is a disqualifying condition, and refusing to give full, frank and truthful answers 'will normally result in an unfavorable' determination. The SF-86 warns that knowingly falsifying or concealing a material fact is a felony under 18 U.S.C. 1001, punishable by fines and up to five years in prison.

What can stand in the way

• Being on probation or parole, or a recent violation, weighs heavily against you.¹

  SEAD 4 Guideline J lists current parole or probation, and violation or revocation of either, as conditions that may be disqualifying, while compliance with parole or probation is listed as evidence of rehabilitation.

• You can't apply for a clearance on your own; an employer has to sponsor you for a job that needs one.²

  DCSA: individuals cannot submit clearance applications on their own behalf; only the employing organization can decide a position needs access and start the process. Some agencies add requirements for SCI or special access programs, such as a polygraph.

• Cleared people are checked continuously, so new arrests or conduct can surface after you get a clearance.^1,2

  DCSA describes continuous evaluation and continuous vetting as automated record checks of people who already hold eligibility or sensitive positions. SEAD 4 says adjudicators consider whether a cleared person voluntarily reported new information.

Waivers and exceptions

• The one-year-served disqualification for SCI, special access programs and Restricted Data can be waived in a meritorious case.^1,3

  50 U.S.C. 3343(c)(2) allows an exception if there are mitigating factors. SEAD 4 Appendix B: adjudicators first apply the normal mitigating conditions, and if they would have decided favorably 'but for' the Bond Amendment, a meritorious waiver may be appropriate; it is recorded as a 'Waiver' with a detailed justification. The current drug user or addict prohibition can't be waived.

• If you are denied or revoked, you can respond and appeal.^1,2

  SEAD 4 requires at least the review proceedings in Executive Order 12968, Part 5. DCSA says Defense Department civilians and military members can appeal in writing to their component's Personnel Security Appeals Board or ask for a personal appearance before the Defense Office of Hearings and Appeals (DOHA), and contractor employees appeal to DOHA. After a final denial, the employer (not the individual) can ask for reconsideration or a new investigation no sooner than one year later, with proof the problem has been fixed or mitigated.

• A conditional approval is possible when concerns are only partly mitigated.¹

  SEAD 4 Appendix C 'Condition' exceptions grant eligibility with added security measures such as extra monitoring, access restrictions, periodic financial statements or counseling.

How states handle it

Clearances are federal and follow one national standard (SEAD 4 and the Bond Amendment). State law matters only for how your case ended (for example whether it was a felony, dismissed or expunged), and the SF-86 still requires you to report most sealed or expunged records.

What to do next

1. Get your full record (state and FBI) and certified court dispositions for every arrest and charge, including dismissed, sealed and expunged cases, so your SF-86 matches what investigators will find.
2. Check the Bond Amendment facts for each conviction: were you sentenced to more than a year, and did you actually serve at least a year? If so, jobs needing SCI, special access programs or Restricted Data will require a waiver.
3. If you are on probation or parole, expect that to weigh against you, and keep proof that you are complying with every condition.
4. Stop any illegal drug use, including marijuana use that federal law doesn't allow even if your state does, well before and throughout the process; current unlawful use is an absolute bar.
5. List everything the SF-86 asks for, exactly as asked, and use the comment boxes to explain what happened and what has changed.
6. Gather rehabilitation evidence: proof the sentence, probation and restitution are done, treatment or program completion, degrees or training, work history and references.
7. Be candid in the subject interview. If you get a Statement of Reasons or denial, respond by the deadline with documents, and use the appeal route your agency or DOHA offers.

Where to ask

• SEAD 4: National Security Adjudicative Guidelines

  ODNI's copy on its archived website (scanned PDF); a text copy is posted by DOE.

• DCSA: security clearance FAQs

  How adjudications, appeals and reconsideration work at DCSA.

• SF-86 (OPM)

  See Section 22 (Police Record) for exactly what you must report.

• 50 U.S.C. 3343 (Bond Amendment)

  The statutory drug-user bar and the one-year-served disqualification.

Could clearing your record help?

In many states a sealed or expunged record no longer shows up on most background checks, though agencies and licensing boards can often still see it. See how record clearing works in your state.