During Fiscal Year 2008 (Oct 07 to Sep 08) Defense Office of Hearings and Appeals (DOHA) Administrative Judges decided about 1,300 security clearance cases. These were cases where applicants received and responded to a “Statement of Reasons (SOR)” that specified why DOHA felt that the applicant should not be granted a clearance.
DOHA posts clearance decisions at their website where it is possible to skim over a synopsis of each case or read full-length individual case decisions.
The information presented here is based on suitability/security issues listed in the case synopses and should also be the same as the issues listed in the SORs for these cases.
The Adjudicative Guidelines for Determining Eligibility for Access to Classified Information defines 13 issues that can be listed in an SOR. Twelve of the 13 issues are listed below according to the frequency they appeared in the case synopses followed by the total number of times they were listed. One issue, Allegiance to the United States, was not cited in any of the cases.*
1. Financial Considerations (681)
7. Alcohol Consumption (108)
2. Personal Conduct (497)
8. Sexual Behavior (17)
3. Foreign Preference (272)
9. Use of Info Technology Systems (14)
4. Criminal Conduct (252)
10. Handling Protected Information (11)
5. Foreign Influence (155)
11. Outside Activities (5)
6. Drug Involvement (134)
12. Psychological Conditions (3)
The number of separate issues present in each case ranged from 1 to 4. For example 3 delinquent debts would all be covered under the one issue of Financial Considerations; whereas, 3 delinquent debts plus 2 petty theft convictions would result in 2 issues—Financial Considerations and Criminal Conduct.
Financial Considerations was by far the most prevalent issue and appeared in over 50% of the cases. Although Personal Conduct was the second most frequently cited issue and appeared in 38% of the cases; it was almost always cited due to falsification of information related to one of the other issues. Foreign Preference, cited in 21% of the cases, and Foreign Influence, cited in 12%, frequently appeared together. The vast majority of Foreign Preference issues were based on the possession of a foreign passport and dual-citizenship; whereas, Foreign Influence was usually based on close relationships with people living in high-risk countries. Criminal Conduct ranked fourth, but its ranking was slightly inflated by the arbitrary use of this issue to cover the criminal aspect of falsification, illegal drug use, and alcohol-related arrests already covered by the Personal Conduct, Drug Involvement, and Alcohol Consumption issues. Drug Involvement was cited in 10% of the cases and Alcohol Consumption was cited in 8%. The remaining issues were cited in 1% or less of the cases. About 63% of all these cases resulted in a clearance denial or revocation.
Historically the most prevalent suitability/security issues have been Criminal Conduct, Drug Involvement, Alcohol Consumption, and Financial Considerations. Personal Conduct has also been a leading issue, but as previously indicated, it is regularly cited when applicants list false information on their security forms regarding arrests, drugs, alcohol, or finances. Over the years the number of cases involving Financial Considerations has gone up or down in response to changes in the economy, particularly unemployment. In FY98 it was only the 5th most prevalent issue.
In the past 10 years the number of clearance investigations processed at the Defense Industrial Security Clearance Office has increased about 50%, but the number of cases with significant derogatory information has increased by more than 500%. In FY98 DOHA had about 250 cases resulting in SORs, compared to about 1300 in FY08. Some of this is attributable to the dramatic increase in the number cases citing Foreign Preference and Foreign Influence as issues. In FY98 these issues were cited in DOHA cases a total of 15 times, compared to a total of 427 times in FY08.
Suitability/security issue distribution in DOHA cases differs significantly from cases at other major Department of Defense (DoD) Central Adjudication Facilities (CAF). Eighty-one percent of the clearances denied or revoked by the Department of Navy CAF in FY08 were due to Financial Considerations. The number of Foreign Preference and Foreign Influence issues in DOHA cases is currently greater than at other major DoD CAFs.
*Allegiance to the United States has rarely been an issue in security clearance adjudications, because background investigations that develop credible information concerning this issue are almost always closed before completion and transferred to a federal criminal investigative agency.
I was arrested for .4 grams of marijuana in Dec. My case was placed on a stet docket so there was no conviction. I also was arrested for a DUI but the charge was dismissed. Would these two misdemeanors result in Denial of a top secret clearance??
John Connor (Washington, DC) on September 29, 2011 at 10:59am
Dear Mr. Henderson:
If a case has been closed and is non-public by court, should that be listed in my FS86????
And what is the difference between police record and public record?
in need of help (baltimore) on September 25, 2011 at 6:51pm
I need a Secret clearance for a job. I decided to do my own bg check and found a warrant in debt filed back in 2004. They apparently never located me (I was moving around quite a bit at that time). The judgement was for just under $600. If I contact the court and take care of it, will I be ok?
Lynne (Florida) on August 17, 2011 at 9:54pm
I recently applied for a job with a government contractor that will require a security clearance. 10 year background check. I do have a couple issues:
#1: I was fired from a job back in May of 2004 for reasons that were completely my fault. I lost paperwork, then failed to take responsibility.
Since then, I've been let go from 2 other positions: one, after a 2 week trial period, the guy I was working for decided I didn't have enough experience. (I don't even think I'm in the company's HR records). Most recently, I was fired from a job after nearly 4 years because, according to my supervisor, "it just wasn't working out". I had been arbitrarily put on a Performance Improvement Plan, and I did take steps to improve. In fact, my coworkers could not understand why I had been put on a PIP, though each of them had been targeted in the past and this was just my turn. I did learn that the employer will NOT be replacing me AND that since leaving, my department has faced serious downsizing and loss of work.
I deeply regret my lack of judgement which led to that first firing. I was irresponsible, and rather than own up to it, I did shift blame. However, that was eight years ago and I've really tried to move past it.
#2: The second problem I have is that after I was fired from that position, I was hit with enormous financial difficulties, and serious depression (never clinically diagnosed -- just something I recognized in myself). So I moved back home with my parents. I think that was some time around May -July of 2004. In February of 2005 I began working for this company through a temp agency. The job became permanent.
However, I'm having trouble accounting for the months between May 2004 and February 2005. That's about 10 months. Whenever I'm out of work, first thing I do is sign up with EVERY local temp agency.
Any advice? Do they check social security records? tax records? Will that one two week job I was let go from be listed some where?
June (Nevada) on August 11, 2011 at 12:33pm
I am being treated for anxiety with wellbutrin, will this cause my clearance to be revoked?
Buddy (San Diego) on August 5, 2011 at 3:04pm
helpPleasee (Washington, DC):
What you have described is normal for someone with moderate to major security/suitability issue(s). DISCO does not notify people regarding interim clearance “declinations.” But a notation is placed in your JPAS record, which your FSO can see. Likewise, when an investigation is completed, the date is posted to your JPAS record. JPAS might also show a transfer of the case from DISCO to DOHA, but I’m not sure. Only about 5% to 10% of the most serious cases are transferred from DISCO to DOHA for adjudication. Part of DOHA is in the process of moving from Columbus, OH to Fort Meade, MD right now. So there will be delays in case processing. There is a good chance that you will eventually be contacted by DOHA in writing for more information. It will be in the form of a sealed letter delivered to you by your FSO.
William Henderson on June 21, 2011 at 8:16pm
Mike (Marlyand):
People are not just told, they are notified in writing of a clearance denial. When you get the Letter of Denial, there will be instructions on how to appeal the denial. I recommend you get professional help in preparing your appeal. The other DOD agency that granted you a TS/SCI might suspend at least your SCI eligibility until the appeal is finalized. It just depends on the nature of the issue. Sometimes a Foreign Influence issue might be serious enough to deny/revoke SCI eligibility but not serious enough to deny/revoke a collateral clearance.
William Henderson on June 21, 2011 at 7:59pm
I have applied for a TS clearance in Nov 2010. I was told I was denied interim. I was then told that my case went to DOHA. Now i am told that my status is pending adjudication!
I have not heard any thing from DOHA all of this is through my FSO.
Thank you,
helpPleasee (Washington, DC) on June 21, 2011 at 9:26am
I was told that I was denied an NSA SCI, do I lose my DOD TS SCI? For in JPAS my name is red and what do I need to do to get it back to green ?
MIke
Mike (Marlyand) on June 13, 2011 at 10:12am
I have applied for a securty clearance (moderate) with the government. I had a face to face interview. I was asked about a domestic dispute in 2008 at my home. My husband was arrested 6 months later under a warrant realated to the domestic dispute. We never knew about the warrant until he was picked up 6 -7 months later. The investigator asked if there were any physical contact. I stated yes, he held my arms and I wrote exactly what the police officer asked me to write. Also, the charges were dropped/dismissed against my husband. She asked if we had a lawyer and if I went to court? I said yes and how soon. I stated 6 months later. I have thought about the question and actually we went before the judge the next day for his release from jail and charges dropped. I got her question confused with how long it took to pick him up and court. I was very nervous and uncomfortable explaining this. Will this keep me from getting security clearance at a moderate level since it has been dismissed, no charges or fines?
Donna Brown (Atlanta, GA) on May 22, 2011 at 1:56pm
Teacher 55 (Kansas): NO.
William Henderson on April 22, 2011 at 8:42pm
I have a question about security clearance. Would a person who works for homeland security stand to lose his security clearance if his brother in law got a DUI or had a drug offense? In other words are the in-laws held accountable for their actions?
Teacher 55 (Kansas) on April 6, 2011 at 7:05pm
Sheri (Florida):
Not all misdemeanors are equal, but generally if there were no aggravating/complicating factors, the misdemeanor conviction shouldn’t result in a clearance denial. If the 2 collection accounts have been, they should not cause a clearance denial. Having been 30 days late in a mortgage payment is not significant.
William Henderson on January 2, 2011 at 6:30pm
My husband recently applied for a job that requires a secret security clearance. In 2005 he was convicted of a 1st degree misdemeanor w/ no jail time and has complete his one yr probation. He hasn't been in any other trouble besides that since 05. He also has 2 medical collections and has been 30 days on the mortgage 7 months ago, he doesn't have any accounts past due. What are the odds of him getting denied a clearance?
Thanks
Sheri (Florida) on December 28, 2010 at 6:06pm
I served Deferred Adjudication for fraud which was dismissed early -I was charged in 2002, and dismissal date was 2006. I retired as government employee and went back to work on an interim basis in 2008.
I recently applied for a new position but have not started to work there for interim assignment on short term assignments. They have an established roll of retirees that serve as called upon for short term assignments. I have been notified via e-mail by my current employer that there is some "issue" with my clearance and they are having their security specialist look into it to see if I can remain on the rolls.
I am at a loss as to why it has come up now because it was disclosed when I applied for the position over two years ago. My performance is excellent and I have had multiple assignments because they are pleased with my work and work ethic. Should I seek legal assistance with this now or wait for further information from the employer?
sleepless (Texas) on August 14, 2010 at 9:14pm
Mr. Henderson,
I currently hold a secret clearance but am thinking of applying for a position that requires a TS/SCI eligibility. I didn't run into any problems with my secret, but my parents are Indian citizens and my father does work for the Indian embassy. Will this affect my chances of obtaining the clearance? If I'm denied the TS/SCI, will my secret be revoked as well?
bittu (DC) on August 2, 2010 at 9:56am
Mr. Henderson: I recently completed my one-on-one re-investigation interview with an investigator. I was asked about to alcohol related incidents that occurred in 1991. One was a domestic dispute and the other apparently was a drinking charge. I had very little recollection of either event and answered to the best of my knowledge. Additionally, I was asked why I didn't list it on the SF-86, my reason was because I didn't recall it after 20 years, and that the form asked me if I had been charged and or convicted of a crime. I was arrested for both according to the investigator but I was never charged so I answered no to that question of the form. I was active duty military at the time and went on to have a successful 21 year Air Force career.
The investigator asked if I was still consuming alcohol and I informed her I have not had a drink since 2000. I'm wondering if this incident will cause me to lose my security clearance and of course my job. I've worked for the federal government on a military base since 2003.
Bayou64 (Bossier City Louisiana) on July 29, 2010 at 3:46pm
Is a Moderate Risk/public Trust considered a clearance? Also, how far back will my employment background be looked at on the MRPT?
Info (GA) on July 18, 2010 at 10:21am
Mr. Henderson:
During my undergraduate studies until today, I've wanted to work for DHS or the Dept of State. I obtained my BA in Urban Planning and I am currently working on my MPA at DePaul University in Chicago.
Those are the positive attributes that I hope will work in my favor. Now on to my potential setbacks:
1) Misdemeanor Disorderly Conduct (1999)- supervision. No conviction
2)Misdemeanor Possession (1999)- supervision
3) Misdemeanor Domestic Battery (2006)- arrest; no conviction (2006)
4) Felony Dest. Of Property (2010)- nolle pross
4) Misdemeanor dest of Property (2010)- conviction pending. Community service issued.
5) My credit is not horrible, but not the best either.
**What are my chances of every landing a federal government job? Security clearance? Is pursuing a career in this field pointless due to my history?
elijah (Chicago) on May 16, 2010 at 9:27pm
keebler:
Your husband's problem may involve a suitability determination rather than a security clearance determination. Take a look at another article on this website, click the link > "<a href="http://www.clearancejobs.com/news.php?articleID=83">Employment Suitability Versus Security Clearances</a>"
It may make things a little clearer. If you still have a question, post it there.
William Henderson (Pacific Grove, CA) on July 10, 2009 at 10:44am
My husband is 3 weeks away from graduating CBP and they just told him his background might not be cleared. One because they didnt know how his dad came into the united states 20 years ago, which he paid a fine and then they granted him his citizen ship and green card. Him and my husband have always had there us citizenship. And the second is my husband told the us navy 5 years ago he was in a room with a person who smoked pot. but he left right after that. He never ever used drugs, but because he said yes to that one thing 5 years ago he might be denied entry to his security clearence bringing us back to having no home or job. And not to mention we left the navy for his job and almost time for him to graduate they pull this. We are scared. He recived the letter and already wrote his resionings. ANd now we wait..
