| Explaining Delinquent Debt on the SF-86 |
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William H. Henderson for ClearanceJobs.com - March 24, 2009 |
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...loosing track of a couple of bills as a result of relocating, or having "paid collection" accounts from a few years ago. Favorable changes in financial habits and lifestyle over a period of time can mitigate more recent financial irresponsibility. Formerly delinquent debts (delinquent debts that were eventually fully satisfied) are given more or less weight depending on the applicant's more recent credit dealings. The existence of current debt problems increases the significance of past debt problems.
Beyond Applicant's Control: Financial problems often arise due to situations beyond a person's control, such as medical debts, divorce, loss of income, victim of crime, bad investments, business downturn, and natural disasters. In such situations if a person acts reasonably and responsibly (including bankruptcy, when necessary) to resolve their debts, the financial issue can be mitigated. The debts do not have to be fully resolved at the time of adjudication, but there should be verifiable uninterrupted efforts toward this goal. Being a victim of predatory lending practices, particularly involving subprime mortgages, appears to somewhat fall into the category of situations beyond an applicant's control. Much will depend on individual circumstances. Applicants who are lawyers, accounts, and people with experience in the financial services industry will have difficulty convincing anyone that they were victims.
Counseling/Good Faith Effort to Repay: Conscientious participation in credit counseling or a debt consolidation program can significantly mitigate financial concerns. Consistent, systematic, good faith efforts to repay or otherwise resolve debts without formal counseling will have the same effect. If it is obvious that an applicant is only taking such action because they know that it is required to obtain a security clearance, it will not convince an adjudicator that the problem is unlikely to recur after the clearance is granted. Therefore, efforts to resolve financial problems should begin as soon as possible. Obviously the earlier corrective action is taken, the more likely the problem can be fully mitigated. In some instances actions, such as credit counseling, initiated only a few months prior to applying for a clearance can substantially mitigate security concerns.
Disputed Debts: When business records, including credit reports, indicate that an applicant owes money, the burden of proof shifts to the applicant to disprove the claim. If an applicant has several sizeable credit accounts listed as "paid as agreed" and only one delinquent account, adjudicators are much more inclined to accept even minimal evidence from the applicant that the delinquent account information is erroneous. Conversely, if an applicant disputes half of the accounts listed on their credit report, adjudicator will want to see convincing evidence to support the applicant's claim. Efforts to dispute erroneous credit report entries immediately after learning of them will also help to substantiate the applicant's position.
William H. Henderson is a retire security investigator, author of Security Clearance Manual: How To Reduce The Time It Take To Get Your Government Clearance, and regular contributor to ClearanceJobsBlog.com.
Copyright © 2008 by Last Post Publishing. All rights reserved. |
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I am going for a higher clearance and I have had a rough couple of years with being employed infrequently while trying to get through school. I have bad credit however the things that are on my report are all paid, and very small, like a $92 collection from Verizon from six years ago where I turned in the dsl modem by they said I didn't and it isn't like they give you proof when you mail it back to them.... Anyhow, I am really blessed and have finally gotten a great job within my field, however with the credit issues I am very stressed about the outcome. I have been paying off my student account which is 5000, which is in the "hot button" area from what I understand. I am making the payments and the account will be repaid in full in three months, however, will this produce a major issue given my bad credit? I also have paid judgments from six years ago that I had to list. And right before I got this job I was virtually destitute while in the job hunt and working a $10/hour student job so I was late on my rent a few times. All is paid up now, and has been for the time I have been at my job.
Any advice would be most helpful. |
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Hopeful_in_VA (Virginia) on January 28, 2012 at 7:01am
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Newbie (San Diego ):
Although they don’t have to redo his Secret clearance; they have to satisfy federal employment suitability requirements. The NACLC investigation done for his contractor Secret clearance is not sufficient for this purpose. At a minimum he will need an NACI investigation based on an SF85. If his DOD job also requires a Secret clearance, they could have an ANACI investigation conducted based on an SF86. Although the ANACI really isn’t necessary in his case; the price difference is so small that some agencies will do an ANACI instead of a NACI in situations like your husbands. If he needs a TS clearance or the job is designated a Moderate Risk or High Risk Public Trust position, a different investigation will be needed. |
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William Henderson on December 4, 2011 at 5:01pm
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My husband recieved final clearence in march 2011 for secret clearence while working with contractor. Then in October they lost the contract and he was unemployed. In November he was offered a position with dod. They are having him do the sf86 again. My question is , will they redo the clearence again?? |
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Newbie (San Diego ) on December 2, 2011 at 7:24pm
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I’m in a situation where I have 2 home mortgages. One of them I’m living in and the other is currently being on SHORT SALE market since Aug 11. My total loan on the 2 mortgages is about $589,000. I bought the first home at the peak of the housing bubble thinking it was a good investment (getting a loan was easy then because of the home loan plans that anyone can qualify for). With the downturn of the economy the house values have dropped. I have some credit card and small bills and I’ve never missed a payment on the bills or the 2nd house mortgages. At this time the house on short sale it been default on the mothly payments due to financial difficulty for us to keep up with monthly payments, and bills, care of a daughter/Grandchild. Although the current house which we are living in is never been past due. The payments are up to date. We our daughter and grandbaby living with us since Nov 2009 and helping them it been very dificult to stay on top of two mortgages. Currently I have TS SCI clearance which is due to be update next year after it was granted on Nov 07. My question is with the mortgage debts that I currently am in, will it prevent me from getting the TS renew and will it affect my current clearance? or If my current job doesn't required a TS only a secret can it be downgraded before I get on the window to update the TS next year? Please advice. Thanks you |
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N/A (Maryland) on October 24, 2011 at 8:04am
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I just pulled up my credit report and see I have five things in total in collection. I been paying on two of them monthly. The other three I was unaware about or forgot about. I called all of them yesterday morning. I am going to pay three of them off completely first thing tomorrow morning Which will leave me with the two i been paying on Monthly. One of them I have a judgement for which i set up paym,ent arrangements without going to court. What are my chances of getting cleared for a student govenment job. |
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N/A (Washington, DC) on August 11, 2011 at 7:28am
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I’m in a situation where I have 2 home mortgages. One of them I’m living in and the other is currently being rented out. My total loan on the 2 mortgages is about $1 million. I bought the homes at the peak of the housing bubble thinking it was a good investment (getting a loan was easy then because of the home loan plans that anyone can qualify for). With the downturn of the economy the house values have dropped. I have no credit card or any other debts other than the mortgages and I’ve never missed a payment. Although my rental income only covers about 65% of the rental house mortgage, my total income plus the rental income is still able to cover the mortgage payments. My supervisor wants to upgrade my clearance from Secret to TS. My question is with the mortgage debts that I currently am in, will it prevent me from getting a TS and will it affect my current clearance? |
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the kid (California) on July 13, 2011 at 10:59pm
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dmc (houston):
If your delinquent debts were caused by an extended period of unemployment and you have subsequently paid off or otherwise satisfied all the debts, you have a reasonable chance of getting a final security clearance. An interim clearance is also possible but less likely. |
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William Henderson on June 27, 2011 at 11:53pm
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I was one of the victim of bad economy and was not getting any job from 2008.
I got a job as a sales associate and not enough to make for surviving. My first priority was to feed my self and my family in 2009. All my credit cards was with collection agency.
In 2010 I got a job of my field and settled my credit cards debt in 2010
Can I apply for Fed contracting jobs which need SF-86 security clearance?
Your feedback and advise me. |
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dmc (houston) on June 27, 2011 at 9:38am
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J.Powell (Texas):
Inability or unwillingness to pay debts is a potentially disqualifying condition for a security clearance. The word “bankruptcy” does not appear in the Adjudicative Guidelines, because bankruptcy is only a symption of a person’s inability to pay debts. If you have delinquent debts that you are not repaying and have no viable plan for repaying, you will be denied a security clearance. Holding off on a bankruptcy is not going to increase your chance of getting a security clearance. |
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William Henderson on January 27, 2011 at 9:09pm
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I am attempting to obtain a secret security clearance. Due to a sustantial reduction in income,bad investments,and the current finanacial situation I have been unable to pay my debts. I know if I get this position it will definitely help me resolve my finanacial issues. However, I have been holding off on filing bankruptcy because I was told that would not be favorable while trying to obtain a secret clearance. Any advise out there!!!! |
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J.Powell (Texas) on January 3, 2011 at 3:08pm
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This is a win-loss for some, win-win for others. Those of you/us with crimes that involved drugs or alcohol that happened ages and ages ago, but you still had to list will get a small reprieve. In 1999 I was arrested for Minor in Possession of alcohol, I no longer have to list it.
Until now I would have to list it and the investigator would have to review the files on it even if it was 99 years old.
On the other hand, those who attended some form of alcohol or drug counseling, no matter how old or for what reason will now have to list it. Even if it was for a day, just because you wanted to make sure you didn't have a problem, 99 years ago. And it will have to be reviewed for every clearance.
I don't think the investigative standards will change, (how far back the investigator has to mcpd tests look for certain things), I think the burden on the people has changed, but we'll see. I thought those were hard coded into executive order.
I think this is more of a time and cost saving measure...we'll see though.
OPM, who does the investigations, used to be buried in a backlog that was a year or more long. Congress got up their metaphoric rear-ends and told them to get rid of it ASAP, and they keep checking in on them. They got off their rears and hired a ton of new investigators and got the backlog cleared up. This reduction of work is probably them making the least riskiest cuts in requirements that save the most time.
As of right now the backlog is now at the adjudication facilities, with the Army taking in 2 to 3 thousand new cases a day and employing about 100-150 adjudicators at any given time.
I've done the math before, but basically its a losing battle for now. |
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donaldjeo (Adams) on May 10, 2010 at 6:24am
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Great advice in this era of mortgage catastrophies |
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James William Creutz (Tampa Florida) on February 8, 2010 at 10:57am
Aurea Iris Torres (Northern Virginia) on October 31, 2008 at 10:52am
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