SC clearance and conviction

[mconran]

have a question regarding Security Clearance and criminal convictions and I don’t mind paying for professional advice and I hope you can point me in the correct path.
I am a contractor (Network Design) and I am about 10 months into the contract. This role needs me to be SC cleared which I applied for 10 months ago.
The problem is that 3 months ago I was convicted of affray. I am 33 years of age and never been in trouble before. Obviously, if my current client finds out I will have to leave the building as I am in a secure SC cleared building. So I haven’t declared it but when they asked me at the interview stage I said No as I didn’t have a conviction that stage. What would you recommend here? Do I declare or keep going till the contract ends which could be in a few months. I am concerned about breach of contract and them or someone sueing me for the money they have already paid. Is this correct?
Also and more importantly, my SC clearance came back yesterday with a FAIL as I haven’t lived in the UK for 5 years in a row (I was travelling). I have the option of getting a residents weaver and getting references from my backpacking friends and sending it back but I am worried it could fail again and say I have a criminal conviction or maybe the DV department have already CRB checked me 10 months ago when I originally applied. What would you recommend here? Is it possible that the SC clearance can come back with a reason for failure if because of a criminal conviction?
A pass in SC clearance would give me another 10 months here but a fail based on criminal conviction would have me out the door. If I leave the SC as failed because I haven’t lived in the UK for 5 years they said they will move me to another building and I can work on commercial networks, But obviously they are pushing me to go with the residents weaver.
What is your advice here or is there an agency I can go to that can professionally help me?

Many thanks

[stek]

You should have advised them of the offence, as in my opinion the SC process is not so much a test of how squeaky-clean you are, but of how honest you are.

[northernladuk]

Read the sticky in the Business section which has 11 pages of discussion. This exact question comes up numerous times...

http://forums.contractoruk.com/busin...questions.html

Also try doing a search using the google <Keyword> site:forums.contractoruk.com as the question about convictions and SC clearance is asked very regularly indeed.

Bottom line is be honest. If you are attempting to hide anything, and I mean anything... you are going to fail. Certain offenses won't mess up your SC clearance. They are not that bothered about people having convictions, what is important that you can be trusted with secret information. Affray doesn't make you a threat to security where Fraud, perverting the course etc do. NOT telling them you have been convicted is much more serious than the conviction itself. Are you getting the hang of this?

There are no agencies that can help you here, only you. Provide them with the information they need and any information that is relevant i.e. the conviction and cross your fingers. Neither of your issues are security threats (unless you were travelling to Afghanistan or Russia of course) so you shouldn't have too much to worry about. The client doesn't see you as a risk.

[mconran]

OK thanks for that. If I declare the conviction to the SC agency, I need to do it through the vetting office of my client first as they channel all the information to them from me to them. So this means I need to declare my conviction to my agency first and then they will inform my client. I have been told that this particular client does not employ you if you have a conviction.

Do you think this is the right course of action? I was unemployed for over one year and I cant afford to be back on the market again and if I declare I could be out of work again.

[mconran]

I would have no problem declaring to the SC people BUT and its a big BUT if I would first need to declare it to my agency and then to the client as all the information between me and the SC crew are through the vetting office of my client. I am pretty sure I will be out of work if I do this?

[stek]

I'd been to Russia several times and my partner is Russian, still got SC.....

[malvolio]

I would have no problem declaring to the SC people BUT and its a big BUT if I would first need to declare it to my agency and then to the client as all the information between me and the SC crew are through the vetting office of my client. I am pretty sure I will be out of work if I do this?

OK, so don't say anything, they will know about it anyway and you're out of a job. Not much of an option, is it? Put it this way, if you can't hack being honest, you shouldn't have clearance in the first place.

Stop faffing around, nobody cares anyway other than you.

[mconran]

I have been to Russia too and loved it! but if I declare the the vetting office, my client will be made aware of the conviction. This changes it a bit...do you not think?

[SueEllen]

While having a criminal conviction for fighting isn't a problem for your security clearance if you are honest, you need to check the small print of your contract to ensure it's not a commercial issue.

I'm aware some employment contracts have clauses in them indicating if you end up with a criminal conviction you can get the sack so I wouldn't be surprised if some contractor's contracts have a similar clause placed in it by an agency. People tend to get in trouble if they end up in any newspaper.

I suggest you read your contract yourself to check if you haven't done so already.

[mconran]

Hey Sue, there's nothing in my contract about it. I think I am making this conviction more than it is...I'm going to declare it once I get back from holidays and see what happens