Bond Ammendment - old felony, no incarceration?


#1

I am 55. In my entire life I didn't do something stupid until 17 years ago. A public defender told me to plead guilty 16 years ago to a felony. I received 1 yr suspended (never spent a day in jail), community service, 1 yr probation and restitution. I was released from probation early and successfully completed all requirements. I have had multiple lawyers since tell me I should not have used the public defender because what I did could have gone through as a misdemeanor. Anyway, I haven't been in trouble since, I have been a model citizen, I have held long term executive positions and I have excellent primary, secondary and tertiary references. My company is going for a FCL which means key personnel need a clearance.

Am I out? Does the Bond Amendment keep me from a clearance? Does the Bond Amendment apply only if the person is physically held in jail or does the 1 yr suspended count as incarceration? The clearance would be "secret" level not TS.

Thank you for any guidance or thoughts.


#2

The condition states: convicted of a felony AND been incarcerated for a year or more. As long as you disclose all information as required there should not be am issue with you getting a clearance.