Can a Registered Sex Offender Get a Security Clearance?

I have run across a few security clearance applicants that were convicted of sexual crimes and, as a part of their sentencing, were required to register as a sexual offender for the rest of their lives. The question that comes up with these individuals is, can they be granted eligibility for a security clearance? The answer is it depends. The National Security Adjudicative Guidelines (SEAD 4) provides these mitigating factors for security concerns that fall under sexual behavior:

• the behavior occurred prior to or during adolescence with no subsequent similar behavior;
• the behavior happened so long ago and is unlikely to recur and does not cast doubt on the individual’s trustworthiness, reliability, or judgment;
• the behavior no longer can be used to blackmail or exploit the individual;
• the behavior was private, discreet, and consensual;
• the individual has completed a treatment program and has demonstrated compliance with a favorable mental health prognosis.

In a recent Defense Office of Hearing and Appeals case, the applicant was convicted in the year 2000 on 2 counts of aggravated sexual assault of a helpless or incapacitated victim. He was sentenced to serve 7 years in prison and a lifetime registration as a sexual offender. After completing his prison time, he is currently on a Community Supervision for Life (parole). It has been 26 years since he committed this crime, so based on the adjudicative guidelines, wouldn’t he be eligible for a clearance?

The DOHA judge considered the following as mitigating factors: the applicant was 22 years old at the time, he has not exhibited any similar behavior since he was convicted, he obtained a 4-year college degree, he has been gainfully employed since being released, and is now married with children. However, The judge also noted the seriousness of his crime which involved sexually assaulting a 5 and 16 year old minor, the lack of formal mental health prognosis, and whether or not his social circle and work colleagues are aware of having to register as a sexual offender, which is publicly available information that could be obtained and used against him. Any doubts regarding whether to grant clearance eligibility will always be in favor of national security – security clearance appeal denied.