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Marsha411JD
Marsha411JD, Lawyer
Category: Military Law
Satisfied Customers: 17150
Experience:  Licensed attorney and former Navy JAG serving ashore, afloat and at the OJAG
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I have a friend that is in the military and has a secret clearance.

Resolved Question:

I have a friend that is in the military and has a secret clearance. He now needs a top secret clearnance but has a class C felony that was exponged 14 years ago. He pled no contest and served 2 years suspended sentance for forgery. The secret clearance did not go back far enough. If he checks that he had no convictions even if the app says EVER what are the consequences? Can he get a top secret clearance?
Submitted: 1 year ago.
Category: Military Law
Expert:  Marsha411JD replied 1 year ago.
Hello,

Thank you for the information and your question. Can you tell me how long this person has been on active-duty? Are you saying they never disclosed this conviction on their original application when entering the military or on their secret clearance paperwork? Are they an officer or enlisted?
Customer: replied 1 year ago.


They are enlisted. The felony occured once they were in but the military does not know. They are in the guard but a full time federal employee (dual status role). The top secret clearance would be for both positions. Will all these questions be an additional $30?! They never disclosed this information in their secret clearance because it only went back 7 years.

Expert:  Marsha411JD replied 1 year ago.
Hello again and thank you for your reply. If they do not now disclose the conviction, which they must do under the law whether it was expunged or not, then when the background check is done and it is discovered (assuming the investigators do their job correctly), then not only can he be terminated from his civilian job, but he can also be court-martialed for making a "false official statement" and/or "false swearing" and lose his military career as well as his civilian. It is very serious to lie to a security clearance application, and the form clearly states that Federal (and in this case also military) criminal laws would be violated. So, although your friend is in a tough position having to disclose this at this point in his career, he really has no choice if he is required to submit to a TS clearance. The fact that he has this conviction, is not automatically disqualifying for a TS clearance, but since it goes to moral character (forgery), it may be very difficult to be successfully cleared for a TS clearance.

Please let me know if you have any specific follow up questions. I would be glad to assist you further if I can.
Marsha411JD, Lawyer
Category: Military Law
Satisfied Customers: 17150
Experience: Licensed attorney and former Navy JAG serving ashore, afloat and at the OJAG
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