tomjohnson30
Junior Member
What is the name of your state? MD
I have a misdemeanor assault conviction that carry a 5 years suspended sentence. Can I still obtain a security clearance? According to the text below, I think I should because I only had to serve 3 days of the 5 years. However, I have read many cases where a suspended sentence is treated as an actual incarceration prison term.
Please advice on what I should do as I don't want to loose my career over my stupid mistake.
Also, the judge said he will consideration giving me a probation before judgment when I finish my probation. Is there a good lawyer in Waldorf Maryland that is very good at this and represent me so that I will get a PBJ. In addition, does a PBJ takes away the conviction as far as security clearance is concern?
Thank you very much for your help.
http://www.dod.mil/dodgc/doha/amend10usc986.html
http://www.law.cornell.edu/uscode/html/uscode10/usc_sec_10_00000986----000-.html
§ 986. Security clearances: limitations
How Current is This?
(a) Prohibition.— After October 30, 2000, the Department of Defense may not grant or renew a security clearance for a person to whom this section applies who is described in subsection (c).
(b) Covered Persons.— This section applies to the following persons:
(1) An officer or employee of the Department of Defense.
(2) A member of the Army, Navy, Air Force, or Marine Corps who is on active duty or is in an active status.
(3) An officer or employee of a contractor of the Department of Defense.
(c) Persons Disqualified From Being Granted Security Clearances.— A person is described in this subsection if any of the following applies to that person:
(1) The person has been convicted in any court of the United States of a crime, was sentenced to imprisonment for a term exceeding one year, and was incarcerated as a result of that sentence for not less than one year.
(2) The person is an unlawful user of, or is addicted to, a controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)).
(3) The person is mentally incompetent, as determined by a mental health professional approved by the Department of Defense.
(4) The person has been discharged or dismissed from the Armed Forces under dishonorable conditions.
(d) Waiver Authority.— In a meritorious case, an exception to the prohibition in subsection (a) may be authorized for a person described in paragraph (1) or (4) of subsection (c) if there are mitigating factors. Any such waiver may be authorized only in accordance with standards and procedures prescribed by, or under the authority of, an Executive order or other guidance issued by the President.
(e) Annual Report.— Not later than February 1 each year, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report identifying each waiver issued under subsection (d) during the preceding year with an explanation for each case of the disqualifying factor in subsection (c) that applied, and the reason for the waiver of the disqualification.
I have a misdemeanor assault conviction that carry a 5 years suspended sentence. Can I still obtain a security clearance? According to the text below, I think I should because I only had to serve 3 days of the 5 years. However, I have read many cases where a suspended sentence is treated as an actual incarceration prison term.
Please advice on what I should do as I don't want to loose my career over my stupid mistake.
Also, the judge said he will consideration giving me a probation before judgment when I finish my probation. Is there a good lawyer in Waldorf Maryland that is very good at this and represent me so that I will get a PBJ. In addition, does a PBJ takes away the conviction as far as security clearance is concern?
Thank you very much for your help.
http://www.dod.mil/dodgc/doha/amend10usc986.html
http://www.law.cornell.edu/uscode/html/uscode10/usc_sec_10_00000986----000-.html
§ 986. Security clearances: limitations
How Current is This?
(a) Prohibition.— After October 30, 2000, the Department of Defense may not grant or renew a security clearance for a person to whom this section applies who is described in subsection (c).
(b) Covered Persons.— This section applies to the following persons:
(1) An officer or employee of the Department of Defense.
(2) A member of the Army, Navy, Air Force, or Marine Corps who is on active duty or is in an active status.
(3) An officer or employee of a contractor of the Department of Defense.
(c) Persons Disqualified From Being Granted Security Clearances.— A person is described in this subsection if any of the following applies to that person:
(1) The person has been convicted in any court of the United States of a crime, was sentenced to imprisonment for a term exceeding one year, and was incarcerated as a result of that sentence for not less than one year.
(2) The person is an unlawful user of, or is addicted to, a controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)).
(3) The person is mentally incompetent, as determined by a mental health professional approved by the Department of Defense.
(4) The person has been discharged or dismissed from the Armed Forces under dishonorable conditions.
(d) Waiver Authority.— In a meritorious case, an exception to the prohibition in subsection (a) may be authorized for a person described in paragraph (1) or (4) of subsection (c) if there are mitigating factors. Any such waiver may be authorized only in accordance with standards and procedures prescribed by, or under the authority of, an Executive order or other guidance issued by the President.
(e) Annual Report.— Not later than February 1 each year, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report identifying each waiver issued under subsection (d) during the preceding year with an explanation for each case of the disqualifying factor in subsection (c) that applied, and the reason for the waiver of the disqualification.
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