Your security manager calls you into his office. The arrest from last month has made its way up the chain of command. Now, your military security clearance is under review. Our Fort Walton Beach sex crime defense attorneys understand that your clearance represents more than just job requirements. It's your entire career foundation. We've helped military personnel at Eglin AFB, Hurlburt Field, and Duke Field protect both their civilian rights and their professional futures when facing serious criminal allegations.
How DOD Reviews Security Clearances After Criminal Convictions
The Department of Defense takes criminal convictions very seriously. The Adjudicative Guidelines for Determining Eligibility for Access to Classified Information spell out exactly what happens when you are convicted of a felony.
Security officials look at several things when reviewing your case:
- How serious was the crime?
- Can you be rehabilitated?
- How long ago did this happen?
- Is this part of a pattern or just one mistake?
- Do you take responsibility for what happened?
- What proof do you have that you've changed?
Sex crimes fall into what's called the "moral turpitude" category, crimes that show bad judgment and character problems. The government doesn't want people with questionable character handling classified information.
Imagine Staff Sergeant Johnson at Eglin AFB gets charged with lewd and lascivious conduct under Florida Statute 800.04. Even if his lawyer gets him a plea deal with no jail time, that moral turpitude label would still trigger a full security clearance review.
What Happens After You're Convicted
The security clearance review process begins once your conviction shows up in the system.
Immediate Clearance Suspension
Most military personnel lose their clearance access immediately after a felony sex crime conviction. You'll get pulled from any job requiring classified access while the review happens.
The process usually involves these four main steps:
- Your clearance access stops immediately.
- You are moved to a non-classified position.
- The formal review process begins.
- They ask for more paperwork and character references.
The Formal Review Process
The government follows specific rules when they review your case. You'll get a letter explaining why they want to revoke your military security clearance. You can respond with evidence in your favor, but the deck is stacked against you.
Say, for instance, that Technical Sergeant Martinez from Hurlburt Field is convicted of soliciting a minor using a computer under Florida Statute 847.0135. The Defense Security Service would start revocation proceedings within 30 days, even if he only got probation.
How This Could Derail Your Military Career
Losing your security clearance essentially ends your military career. Most military jobs require some level of clearance. Without it, you're basically unemployable in your field.
When you lose your military security clearance, you could get stuck in non-classified jobs with almost no chance of getting promoted. You receive no deployments, special assignments, or opportunities for advanced training.
Your command will often start administrative separation proceedings, too. They'll consider your service record, but felony convictions create a strong presumption that you should be discharged.
Fighting Back to Restore Your Clearance Status
Florida sex crime convictions make it extremely difficult to keep your clearance, but adjudicators must consider mitigating factors. The key is presenting a strong case for rehabilitation.
Character References
You need extensive documentation showing you've changed. This includes counseling records, character references from supervisors and colleagues, and proof of community service or volunteer work.
Nature of the Sex Crime
Different crimes present different challenges. Someone convicted of battery on a dating partner might have better mitigation arguments than someone convicted of unlawful sexual activity involving a minor.
Strong Legal Representation
Your criminal defense strategy directly affects your security clearance outcome. Getting the right attorney involved early can make the difference between keeping and losing your clearance.
The best opportunity to protect your clearance comes before conviction. Smart plea negotiations might reduce felony charges to misdemeanors or get you into programs that avoid formal convictions altogether. Working with experienced Florida military arrest defense attorneys from day one gives you the best shot at protecting both your civilian rights and your military career.
