Expert: Cynthia Bedell - 8/13/2008

Question
When I joined the army in 2002, I don't know if a security clearance or a background check was done on me. I needed a waiver to get in Army for a civil conviction (simple assault). On my ERB it said that I was ineligible for a PSI. If you were ineligible for a security clearance initially do you always stay ineligible? In present day, I'm a senior in ROTC and I've completed my SF 86 and my investigation was completed this past February. I've called my security manger, and she had no answers for me. Should I be worried that I can't obtain a security clearance?

Also, is it impossible or unheard of for an Army Cadet to get disenrolled in his/her senior year for failure to obtain a security clearance?

Any guidance or insight you can give me with this matter would be greatly appreciated.

Answer
Dear Michael --

Not all Soldiers need a security clearance, but all enlistees are supposed to get a criminal background check.  You got a waiver for your assault conviction so your enlistment was legal.  

If you filled out your security clearance application honestly, and mentioned your assault conviction, and you have had no criminal, psychological or financial issues since then, you are likely to get your clearance.  I cannot say for certain, since each investigator views issues slightly differently.  If you are denied a clearance initially, you can immediately appeal for an adjudication of your clearance application and any issues the investigator found.  

It is easier to get a basic clearance, than it is to get a top secret clearance.  So you should not try for a job in military intelligence, or any other job that requires a top secret clearance until at least 2012.  In 2012, ten years will have passed since your conviction.  At that time, your criminal behavior in 2002 will no longer be pertinent to your clearance application.

You may be disenrolled from ROTC due to inability to get a security clearance.  In your case, because you are prior service, you will have to repay your scholarship service obligation by serving as an enlisted Soldier.  If you were not prior service, you could either serve as an enlisted Soldier, or pay back the cost of your education to the government.

Good luck to you.  Please write back, if you have additional questions, or if issues arise about your clearance application.  Thank you for your service.