A 2003 national survey of drug use showed that about 60% of Americans between 19 and 30 years of age had used an illegal drug and about 20% had used a prescription drug for nonmedical reasons some time in their lives. The “Drug Involvement” criterion under the “Adjudicative Guidelines For Determining Eligibility for Access To Classified Information” affects the clearance eligibility of many applicants by making any illegal use of drugs a potentially disqualifying condition.
It also makes cultivation, manufacture, purchase, sale, distribution; and simple possession of illegal drugs or drug paraphernalia potentially disqualifying conditions.
SECURITY CONCERN
The Adjudicative Guidelines states that drug abuse “. . . can raise questions about an individual’s reliability and trustworthiness, both because it may impair judgment and because it raises questions about a person’s ability or willingness to comply with laws, rules, and regulations.” Drug abuse also raises concerns about an individual’s susceptibility to blackmail and the possible presence of mental health issues. Drug use can cause financial problems, sometimes leading to other criminal activity to support a drug habit.
Like many other issues, the security concern related to past drug abuse focuses more on applicants’ demonstrated willingness and ability to abstain from future drug involvement than on their past conduct. Experimentation with drugs, particularly marijuana, is fairly common behavior during a person’s formative years. Such experimentation is usually benign and does not result in chronic or long-term use for most people.
EVALUATING DRUG INVOLVEMENT
When does drug abuse become a security concern? Under federal law (Section 3002 of 50 U.S.C. 435b) a current user of illegal drugs can not be granted a security clearance. Using illegal drugs a few months prior to submitting a clearance application form can be considered current use. Past drug abuse is evaluated based on:
Which drugs were used.
Frequency of drug use.
Recency of drug use.
Circumstances of drug use.
Effects of drug use (i.e. mental health, employment, finances, arrests).
MITIGATING SECURITY CONCERNS
Illegal drug involvement can be mitigated if it is shown that the applicant is no longer involved with drugs and it is highly probable that the applicant will not become involved with drugs in the future. Determining whether an applicant is likely to have future drug involvement is primarily based on the type, frequency, and recency of past drug involvement. The following is extracted from the Defense Personnel Security Research Center’s 2007 Adjudicative Desk Reference used by many government adjudicators:
The following examples of time periods [of abstinence] that might mitigate various types and frequencies of past drug use . . . are provided for consideration in the context of all the other information available about the person. They are not a formula to be applied mechanically in all cases.
At Least Six Months: The only drug use was experimental or occasional use of marijuana, and there are no aggravating circumstances.
At Least One Year: Marijuana was used frequently, or any other drug was used experimentally, and there are no aggravating circumstances.
At Least Two Years: Marijuana was used regularly, or any other drug was used occasionally, and there are no aggravating circumstances. There was no evidence of psychological or physical dependence at the time subject was using drugs, and subject has demonstrated a stable lifestyle with satisfactory employment record since then.
At Least Three Years: Any drug other than marijuana was used frequently or regularly, or marijuana was used regularly with signs of psychological dependence. There are no other aggravating circumstances. Subject has maintained a stable lifestyle, satisfactory employment record, and a completely clean record in all other issue areas during the past three years.
At Least Five Years: A minor involvement in drug trafficking for profit or failure to complete a drug treatment program. Subject has maintained a stable lifestyle, satisfactory employment record, and a completely clean record in all other issue areas during the past five years.
The Adjudicative Desk Reference uses the following definitions for levels of drug use:
Experimental Use: Initial use for a maximum of six times, or more intensive use for a maximum of one month.
Occasional Use: Once a month or less.
Frequent Use: Once a week or less, but more than once a month.
Regular or Habitual Use: More than once a week.
Aggravating factors that could require longer periods of abstinence to mitigate drug abuse include: drug use while holding a security clearance, solitary drug use, growing or making one’s own drugs, relapse after completion of a drug treatment program, and other misconduct related to illegal drugs.
Factors that support the minimum period of abstinence include: disassociation from drug-using associates, drug use occurred between late teens and late twenties, changing or avoiding the environment where drugs were used, successful completion of a drug treatment program with a favorable prognosis, and a signed “statement of intent” not to illegally use drugs in the future and agreeing to an automatic revocation of clearance for any violation.
INTERIM CLEARANCES
In order to receive an interim security clearance, potentially disqualifying information disclosed by an applicant in the Questionnaire for National Security Positions (Standard Form 86—SF86) must be mitigated by other information included in the form. This is because interim clearance decisions are made before the security clearance investigation is completed. Some drug-related disqualifying conditions can be mitigated by merely listing the type, frequency, circumstances, and dates of drug use as required by the SF86. Applicants are also permitted to include additional mitigating information in the “Continuation Space” at the end of the paper version of the SF86 or in the “Comment Section” following appropriate question on the electronic (eQIP) version. Including additional mitigating information, as well as a “statement of intent,” is often a determining factor in the granting of an interim clearance.
William H. Henderson is a retired security investigator, author of Security Clearance Manual, and regular contributor to ClearanceJobsBlog.com and ClearanceJobs.com.
I am applying for a federal job , but it requires a secret clearance... when I first enlisted with the Army over 8 years ago, my recruiter "suggested" I answer no to all drug questions on the SF86 if it had been a while since I used, which I did. I had only smoked marijuana a few times while I was in college, but quit before I decided to join. After this, I went to MEPS and failed a urine test for marijuana. I had to wait 90 days before re-entering MEPS, at which point I passed and was enlisted.
Since then, it has been over 8 years with a deployment in support of OIF and nothing but good NCOER's from the Army.
Do I stand a chance of resubmitting a SF86 and getting a secret clearance, or should I not even bother? Thank you for any suggestions... I would be willing to involve a lawyer if necessary as I have completely left my past mistakes behind long ago!!
Mojo (Cleveland) on February 2, 2012 at 1:03pm
Mr. Henderson or anyone,
I am in the process for a security clearance. I have did the interview and everything. My file is in adjudication right now. I forgot to list a job I had for 4 months about 5 years ago and wonder how that will affect things if they realize I did not put it on the SF-86. I was not fired and I was never reprimanded or anything. My boss was mad that I left as soon as they were finished training me but other then that I did nothing wrong except leave for a better opportunity.
Frank Lincel (Chicago) on January 22, 2012 at 9:39pm
Mr. Henderson
Will I lose my job with secret clearance if i have 1st offense marijuana charge that I just received?
t-bird (va) on January 17, 2012 at 9:14am
Say I answered yes on the sf-86 to the have you ever used an illegal drug question. I went on to explain that I tried marijuana 2 times my first semester of college 4 years ago and have not been around anything since. Would I be denied an interim secret clearance needed for an internship?
Curious (Pa) on January 11, 2012 at 3:16pm
Dear Mr. Henderson,
I am a military reservist and currently hold a TS clearance. My five-year investigation is up. What happens if I decide not fill out an eQuip? Will my clearance be downgraged to Secret or will it be completely suspended? Thank you.
Tommy (Fairbanks, AK) on January 10, 2012 at 4:39pm
In 2010 I was denied by the Security Personnel based on"employment suitability" (They retracted the job offer 2 days after I filled out the sf86). I finally got a second chance at a different company and currently filling out the sf86 again. Since I was not technically denied my clearance in 2010 do i have to list it under "previous clearance and investigations"? I want to be 100% honest but also want to avoid listing it if its not necessary.
suitability (US) on January 9, 2012 at 7:29pm
Good evening Mr. Henderson and everyone else,
I recently received an interim job offer from DHS pending an interim clearance to a TS. My history is as clear as day except for two terminations in the past 3 years. One was for excessive lateness and calling out, which was about 3 1/2 years ago with a retail company. The second one was this year. I was terminated because I closed a few help desk tickets but they weren't resolved which was a mistake on my part. I did the work on the wrong computers.
I put down all of that information on my SF-85P. I'm wondering if that'll impact my suitability requirement and/or security clearance?
Steve DHS (Arlington VA) on December 23, 2011 at 9:15pm
Can you help me? I'm going thru a security clearance and made a mistake on the e-Qip form under s. 23. I accidentally changed the date of one occurrence of use of marijuana but failed to change the explanation field in the form. The dhs found me unsuitable and now I'm appealing because I made a mistake on the form. Do I stand a chance? thx
kmbm (d.c.) on December 23, 2011 at 8:37pm
Mr. Henderson,
I am currently 25 & seriously considering a career in federal law enforcement. Before deciding upon a criminal justice major, I was a regular pot user for a little over 2 years. I also experimented with acid twice, mushrooms once, and cocaine twice.
My last time using any illegal substance was 4 years ago. If I've completely cleaned up my act & have no criminal record, would I still be wasting my time trying to pursue a job in federal law enforcement as an agent?
Sincerely appreciate you taking the time to read this.
CJ (USA) on December 21, 2011 at 11:23pm
Thank you for the informative post, a lot of things here I never knew; which brings about my quandary.
I've been a DoD employee for nearly 10 years and I'm in the process of preparing my e-qip for periodic renewal. I've been pretty much a model employee, haven't even had a speeding ticket.
However, about 4 years ago at a party with some friends of an acquaintance I took a hit from a pipe (pot). That's it, a single solitary hit. I wasn't even eligible for random testing but I had an active clearance at the time. I never thought of it much and now find myself wondering: "would this affect my re-investigation?", "are they going to call my supervisor and ask if I reported this?"
Michelle (San Diego) on December 19, 2011 at 3:05pm
Francisco (Easton, PA):
If those are the only security/suitability issues in your background, you definitely will not be disqualified during the preliminary vetting process because of security/suitability concerns, and you have a good chance of receiving a clearance. I recommend you read my articles on “Employment Suitability Versus Security Clearance” and "How to Prepare for a Security Clearance Polygraph Examination" post on this website.
William Henderson on December 18, 2011 at 9:38pm
consistent (us):
I’m not sure if you were looking for an answer from me or from Bill L. If you filled out the prior SF86 using e-QIP, the information you entered on the prior SF86 may reappear when you fill out a new e-QIP SF86. I’m not sure how much information will pre-populate the various e-QIP fields when you submit a new one, particularly because they changed to a new version of the SF86 a few months ago. It’s probably a little late to make a Privacy Act request for a copy of your investigative file, which will contain your prior SF86, from OPM.
When you reapply for a clearance after having been denied, you go through a couple of additional steps that other people do not have to go through. Your application will be sent to DOHA before an investigation is initiated. You will be asked to provide all records pertaining to your prior clearance denial and an explanation of why you now feel you are eligible for clearance (i.e. what changed). If the Director of DOHA approves your request, a new investigation will be initiated and you will be processed like other new applicants.
William Henderson on December 18, 2011 at 9:28pm
DC Anonymous (DC):
There will be a question during your Subject Interview. You could be asked specifically about your prior SF86 or the question could be one of the “catch all” questions: “Is there anything you haven’t told me that might affect your eligibility for a security clearance?” In any event, if you are not asked any question that requires you to disclose your prior SF86 falsification, there is a very, very strong likelihood, that the issue will surface later and a second interview will be required. This will delay your clearance processing. I recommend you volunteer the information. You have a chance of getting a clearance, but it is not good. I suggest you read my article on “Falsification of Security Clearance Applications” on this website.
William Henderson on December 18, 2011 at 9:14pm
William,
I am 20 years old and I desire to pursue a career with the State Department within the next 3-4 years.
Currently, I frequently use marijuana and have so since late 2008. I also have tried cocaine one time last summer. I intend on quitting all drug use and plan on applying for State Department jobs after graduation from my undergraduate studies.
My main concern is whether I will still have a reasonable chance of getting clearance when I currently have the lowest form of security clearance after working briefly for a government internship. If I stop now and never use again, and apply after 3 years of quitting, will this fact still make me ineligible?
Michael (Maryland ) on December 18, 2011 at 5:36pm
William,
I was arrested with under age drinking at 18 and have used cocaine in college maybe 10 times. I've also smoked marijuana infrequently throughout my college years. I have done ecstasy once. I've been admitted to a graduate program geared towards working in the intelligence community. I would like to work for CIA or state. I am now 26 years old. The last time I used any illegal drugs was 21. Will I be disqualified outright if CIA interviews me? Thank you for your time.
Francisco (Easton, PA) on December 16, 2011 at 7:47pm
Bill,
I was denied a clearance in may 2010 due to marijuana use. I just received a job offer that requires a clearance and will be probably be filling out the sf86 sometime soon. I haven't smoked since may 2010 and in total used less than 75 times within a 3-4 year time span. My real concern is the sf86 I filled out in 2010. I was a lot more clear on the drug use details than I can remember now and I want to be consistent in what I write down. Is there any way I can look at my answers to the previous sf86 to avoid any inconsistencies? Also is 18 months enough time away from marijuana enough to expect a clearance? Thanks in advance.
consistent (us) on December 14, 2011 at 11:40pm
Mr. Henderson,
Great article and very useful comments. I was wondering if you could give me some advice. Back in 2009 I submitted an sf-86 for a job in which I did not disclose using marijuana two years prior (I worked there for a short period and but I am not currently employed). At the time, I underestimated the importance of the document and I did not read the questions thoroughly. I am now applying for a full time position with another agency requiring a TS clearance, and I disclosed my use of marijuana in the sf-86 for this job. I will have a security interview soon, and I was wondering whether I should mention the discrepancies between the two forms to the interviewer or whether I should wait and see if any issues come up? Do I even have a chance of getting the clearance? Thank you!
DC Anonymous (DC) on December 13, 2011 at 3:10pm
Noone (Ohio):
When a person separates from a job that required a security clearance, the security clearance is terminated. The clearance can normally be reinstated for a period of 24 months, provided the underlying investigation does not go out of date. In your case your previous employer was required to submit an “incident report” regarding the reason for your termination of employment. The “incident report” is recorded in your security clearance database record and until it is resolved, it is doubtful that your clearance can be reinstated.
William Henderson on December 8, 2011 at 9:03pm
Bill
I was terminated from my civilian job this month. The reason was because I was trying out a search program at work (Lexis Nexis) I stupidly wanted to see the accuracy of the results, so I did a search of my ex wife. It was only a search, but I was told it violated privacy laws and I was terminated. I currently have a secret clearance which is up for renewal this year. Will this effect it?
Noone (Ohio) on December 6, 2011 at 11:52pm
I have been considered for a position as a civilian with a company who handles military contracts. I have been asked if I will be willing to be screened for security clearance. I recently failed two pre-employment drug screens for pot, Waited a month and then passed another drug drug test a few weeks ago. My question is... Will the Pre Employment drug screen test results be a factor in the investigation, if I don't disclose the information? Do the test results become part of permanent record that is accessible by the DoD?
Worried (Southern California) on December 4, 2011 at 10:07am
Do police background investigators have access to marijuana cards or is that patient confidentiality?
archy (riverside) on December 2, 2011 at 1:51am
I have not smoked marijuana for 2 months, and am planning on applying for an internship position for the summer of 2013 in an agency of the government that requires no drug use 12 months prior. I never bought or sold drugs in the past, and I only smoked on occasion (once every few months). I have never taken any other drugs, never smoked cigarettes or done chewing tobacco. It has in no way affected my health, and I am very physically fit. I also go to a top 20 university, and have excellent grades (if that matters). I have decided never to use drugs again, even though my initial use was purely experimental. What levels of security clearance are there, and will I be eligible for top-secret if need be? I plan on being 12 months dry before the polygraph. Also, if I fail, can I be arrested for admitting to drug use?
Will I be permanently branded by the government, and can I ever receive clearance in the future? And if I am given clearance, will there always be a brand on me that says I used once, or am I just passed through? Sorry, one more question: Is the illegal use of alcohol as a minor a part of the polygraph examination?
Just one more addition to that previous question. I am thinking of applying for an internship in the spring of 2013. Last time I smoked marijuana was October. Do I have to be drug free on the date of the polygraph, or by my intended term of employment? Would you just recommend I wait longer then?
Thank you. C
Anonymous (IL) on November 28, 2011 at 9:41pm
Mr. Henderson,
I am currently a DoD contractor and my client would like to hire me as a civilian. Do I need to resubmit my clearance paperwork or does everything transfer over?
Thank you.
CTR to CIV (MD) on November 28, 2011 at 5:30pm
I am currently a first year law student, looking to apply to mostly unpaid jobs for my first summer with the government. In college, I regularly used marijuana from junior year through senior year and occasionally during my sophomore year, with other friends who also smoked.
Since getting to law school, I do not live with, nor do I see those friends who I used to smoke with. I have not smoked since starting law school. I understand that any drug use within a year, especially of the kind I have done, is basically an instant disqualification for a clearance. I would be looking for jobs in the antitrust field at the DoJ. Please correct me if I am wrong on this.
Next year, when I am applying for similar summer jobs, I will have abstained for over a year at the time of application, and nearly two years by the time I would be scheduled to start working. Would I be a candidate for a clearance then? I know many positions (non-national security related) in the legal field at DoJ require only an SF-85 which asks about drug use within the past year. Am I correct?
Person1 on November 26, 2011 at 12:54am
I am 18 years old. 7 months ago, when I was 17 i was pulled over and charged with simple possession (.5 gram of marijuana). The judge dismissed the case after I talked to a psychologist who determined that i was not dependent. I did continue to smoke pot after the ordeal was over for a while, before I realized that I was wasting my time and money. not only that but I was hanging out with the wrong people etc... basically I decided I want to get my ass squared away, and am now considering joining the marine corps. I haven't smoked for over 45 days and can piss clean.
All things considered will the marine corps take me? And if they do would I have to choose something like infantry for a year or two before I could set after a job requiring a clearance?
Thanks in advance!
Getting my ish together (Tennessee) on November 25, 2011 at 11:03pm
Hello, I am interested in the answer to the question posted by "looking for the right advice". I am applying for an officer position in the Air Force but I have smoked pot more times then I declared. Am I able to tell my investigator the whole truth and still keep my job in the air force?
Thank you for your time.
Marcus (syracuse) on November 25, 2011 at 9:33pm
Jackson (Baltimore, MD):
You’ll probably be okay if you are not applying for federal employment at an intelligence community (IC) agency. Many IC agencies reject candidates who have had any illegal use of drugs within the past 12 months without even conducting an investigation. So you’re right on the edge of 12 months. See my article on Employment Suitability Versus Security Clearance on this website.
If you’re applying for a contractor position you have a much better chance of getting a clearance. Also if you’re applying for federal employment at a non-IC agency, you have a reasonably good chance of getting a favorable determination for both federal employment suitability and a security clearance. Good luck.
William Henderson on November 23, 2011 at 11:40pm
Mike:
You have to start using punctuation, if you want people understand you clearly—at least periods at the end of your sentences. Show a little courtesy and respect. You’re asking for free advice about a serious matter, and I had to read your paragraph 3 times to understand your question.
Getting in trouble with the police when you were 14 years old is not a serious issue. Failing to disclose it on an SF86 is a serious issue. There is no question on the SF86 about “school troubles” so I’m not sure what form you’re talking about.
I’ve seen cases where people were denied security clearances just for lying on a SF86, even though the matter they lied about wouldn’t have resulted in clearance denial. I’ve also seen cases where people have been granted clearance even after falsifying relevant and material information on an SF86, because they fully and truthfully disclose the matter during their interview with an investigator.
Sometimes it depends on how the investigator writes up the interview in his/her report, and sometimes it depends on the attitude of the adjudicator.
William Henderson on November 23, 2011 at 11:31pm
Recently I had an investigation interview for a security clearance I had a past criminal mischief charge when I was 14 and never was in trouble with the law since I did not put it on the packet because the recruiter and MEPS said I had nothing and I thought it was gone so when questioned the man said I had the charge asked me what happened and I told him I also told him why I didn't list it I'm now afraid I won't gain that clearance he said it probably won't affect me because I was a minor and never got in trouble since but still am afraid I also said no by accident on school troubles and later remembered I did so now I want to know will I be okay or not
Mike on November 22, 2011 at 2:08am
I am extremely afraid! - I'm graduating in December, was offered a job that requires a TS-SCI clearance, and I've tried marijuana just once in my life, about a year ago (Nov-December 2010 sometime I believe). My friend had it, I was just curious; just once (one or two "puffs") and have never done anything illegal otherwise. Would this affect my security clearance?
Jackson (Baltimore, MD) on November 13, 2011 at 7:34am
I process security clearances for the Air Force. Lying on the SF 86, security clearance questionnaire, is a felony offense. It's better to get everything out in the open. For a TS clearance, friends, family members, and coworkers are also going to be interviewed. You don't know exactly what everyone is going to say, so just be honest about it. No big deal... shouldn't affect your clearance anyway.
T (OKC, OK) on November 9, 2011 at 12:34pm
Hi, I am a college student considering joining the air force as a linguist. I need a ts clearance. Between 2007 and early 2009 I smoked pot between 10-12 times, did cocaine once and ecstasy maybe 5 times. Is there any way I can join the AF while being completely honest with them? I do not want to lie to them but I am afraid of immediate rejection. I have heard that you can tell the truth to security investigators when it is time for the ssbi. is this true? What is the best choice of action? Thanks
looking for the right advice on November 3, 2011 at 11:00pm
I want to apply to the CIA. It says on their website that you should "generally" not have done drugs in the last 12 months. I have occasionally (once every several months) smoked marijuana from 2005-2009, while in college. Since 2010, I have not smoked at all, except in June 2011, I took a couple drags while at a graduation party in Germany (just completed my master's). It was isolated, a mistake, and I have no intention of ever doing anything again (I recently decided to stop drinking completely). I think I am otherwise a strong candidate (excellent academic record/grad school, extensive foreign area experience, multilingual, etc.). Will a positive whole person assessment produce a positive result, or will this one infraction ruin my chances?
RC1234 (New York) on October 26, 2011 at 8:14pm
Do investigators have access to Colorado medical marijuana registry records? Got a card as a joke and now I hear this can cause clearance problems.
Billy (Colorado) on October 24, 2011 at 6:56pm
I smoked pot in college regularly (ending in '94) and then occasionally (once or twice a year) up until 2-3 years ago. I am about to begin filling out the paperwork for a clearance process. Is there any hope for me? I have no criminal record, have had steady work employment and have no financial issues.
Mike (annapolis) on October 24, 2011 at 2:03pm
Security Screening Dilemma (NC),
With the new info you provided, it is possible that the new company can report this incident to DISCO. I suspect they will not - more work for them and can reeflect badly on them if they rejected his application without benefit of a curreent investigation. Since the position was apparently not formally offered, I don't think he should worry. If he has a friend with JPAS access, a check will show if an Incident Report was submitted. Good luck.
Bill L. (Bowie, MD) on October 21, 2011 at 7:30pm
I hold a secret clearance. When filing for the secret I did not mention 19 years ago i had a felony coviction that was esponged. I went to a court reccomended treatment center and have been clean and sober since. Was told to apply for a TS. Will this effect my current clearance or chance to receive the TS? Thanks
Anon (AZ) on October 20, 2011 at 10:14pm
Hey guys, great article. I do however have a question about some of my own past drug use and security issues. At the moment I'm 17 and a senior in high school. From about March of 2009 to July of 2011 I consumed marijuana about 10-20 times max I can't recall the exact number of times, I also consumed salvia once in July of 2011. Alcohol has never been big with me so I have consumed maybe 10 times over the past 5 years and very spaced apart. Sometime around November of 2012 I plan on going on a religious mission for 2 years. After that I plan on attending college and getting a degree then becoming an officer in the U.S. Army. After this I want to go through all the training to become eligible to apply to become an officer in the 75th regiment. (Army Rangers) I know that along with the training process to become a Ranger as an officer you must at a minimum get an Interim SECRET clearance at some point to complete your training, and I will probably need a higher clearance at sometime in my career if it all works out. My question is, will my past drug use be a major detriment to my eligibility for this required security clearance, and in a security screening if and when asked about it, should I admit to it? Considering the fact that it was a long time ago and very little (10-20 times in the space of over a year) since my last use was in July of 2011; and this will most likely be sometime in 2018 or 2019. Thanks! Sorry for the long story!
Anonymous (Unknown) on October 19, 2011 at 3:15am
Bill L.,
Thank you for responding so quickly. My friend is a DoD contractor but the position with the new company is with DHS/DOJ. In this case, will the new company report this incident to DISCO? Will it hurt him if he is honest on his next eQuip and they see he did not report the one time use?
Security Screening Dilemma (NC) on October 17, 2011 at 9:11pm
I have been given a conditional offer of employment contingent on me passing a background investigation as the position requires a Top Secret Clearance. I have already obtained an interim clearance, in which I lied about past drug use. More than four years ago (two years when I lied), I experimented with marijuana four times. I have not done it since and have no problem being honest this time as I will have to pass a polygraph. My only concern is that when I give the dates of the drug use it will be clear that I falsified my first SF 86 form, which is a felony. Should I forget the entire job offer and not risk being charged, or is it something that could possibly be looked over?
Don\'t Know What To Do (D.C.) on October 14, 2011 at 9:40pm
Security Screening Dilemma (NC),
Unless your friend is currently employed as a DoD contractor, the company he applied to has no responsibility, right or process to report to DISCO. They can only ensure that the info is on the SF 86/eQIP when it is sent to DISCO. In my opinion, someone in the company got concerned and withdrew the offer. Also in my opinion, 1-time use of marijuana 10 months ago would not result in a clearance denial.
Bill L. (Bowie, MDF) on October 13, 2011 at 10:04am
I am a firefighter and had to take a polygraph with a private Polygraph comany during pre-employment phase. I passed and have been working at the department for a few years. I am now applying to the Air National Guard and will need a Top Secret clearance for the position.
During the Top Secret clearance investigation, will the investigators look at these polygraph results?
CG Shift (MI) on October 13, 2011 at 1:48am
Security Screening Dilemma: I'm not Bill L or William Henderson, but you should always disclose these things! If you held a clearance at the time you did marijuana and you didn't report it, then you're already in some hot water---your security team will want to know why you waited ten months to tell them! You should always report security problems issues immediately. Lying or omitting information about bad behavior is often viewed as even worse than the bad behavior itself, because it means you can't be trusted.
Go talk to your security officer!
Jon H on October 12, 2011 at 5:01pm
My friend has a secret clearance. He just applied for a job with a new company and went through the pre screening process. He signed the security waiver and participated in a phone screening. He voluntarily admitted to smoking marijuana one time ten months ago. The security guy told him he needed to report it to DISCO and re-assured him that the recruiting process would continue. Two days later, the recruiter called him and thanked him for his interest with the company but he is no longer considered for the position. He is certain this is because of the information he provided in the screening because the manager loved him.
Will the security team of this potential employer disclose this information to DISCO or another agency?? Or is this confidential and will not leave the company? Should he wait and see what happens or report it? Will this affect his current job with the government? He is the bread winner with a stay-at-home wife and three kids. This will never happen again and he learned his lesson.
Security Screening Dilemma (NC) on October 10, 2011 at 9:07pm
Hello Mr. Henderson how are you Sir ? I got a question for you please.
I'm a 30 year old male and I was holding an interim secret for 3 years while in Iraq . I never got my final secret because I never came home to do the interview . I recently applied for another Iraq job. I quit the old one over a year ago so they told me my clearance is LOJ but will initiate another investigation since the last one is over 24 months old . The very night I submitted my SF86, I went to a friend’s party to see them before I deploy. Apparently , in one of the rooms in the big house, some drug stuff was going on. Undercover cops out of nowhere came in and arrested/charged us all with conspiracy . It is my very first arrest ever . However a couple of weeks later my charges were dropped/dismissed because I had nothing to do with that . Needless to say I gave up on the job process and started looking for something that doesn’t need a clearance.
2 days ago I received a call from my hiring agency telling me I’m granted my interim secret again and gave me a firm offer of employment with a deployment date . How is that possible? I ran a bunch of background/arrest checks on myself through many sources but nothing shows even though its been over a month since the incident. I really want that job but I’m afraid to accept the contract. Can you please advise me what to do ?
PIERCE (SILVERSPRING , MARYLAND) on October 9, 2011 at 8:19pm
Im applying for a Law Enforcement Ranger Job. I will be filling out an SF-86. I smoked pot a few times (average 1 a month) during 2009. The last time I smoked was NOV 2009. It has never affected my job performance, fiances, family life, etc. Still Im terrified of disclosing this on an SF86. Advice?
Wildfire on October 7, 2011 at 1:29pm
Greg (SF): No.
William Henderson on October 6, 2011 at 6:51pm
Hello yes I have a question. I have a security clearance now, and i got in trouble. If I end up with a misdemeanor that says dismissed on my record what will that do for my clearance? I'm a first time offender and only par-take every once and awhile. Thank you
jw32 (nc) on October 5, 2011 at 9:40pm
I entered some past experiences through E-QIPs clearance form and saved it (but did not submit the final) that I later realized was outside the 7 year span that they require. I obviously don't want to give them more information than needed. If I delete that entry, will they be able to see the change I made to my form, making me look worse?
Submitting form ASAP so any help would be greatly appreciated.
Greg (SF) on October 4, 2011 at 2:25pm
If you have ever used any drugs harder than marijuana, you can pretty much say goodbye to anything related to the military. You may think you can lie your way through but getting clearances will mean extensive background checks depending on the MOS that you have. Once they find out you lied, you can be charged with fraudulent enlistment and face jail time. It's better to come out with the truth now. It's much easier to say you just smoked marijuana because you can acquire a waiver depending on how much you smoke and when the last time was. Of course there are exceptions in every case but the fact of the matter is, don't do drugs.
thecorps on October 2, 2011 at 1:03am
Don't be a naive sap. Absent a criminal record, the only way they know about past drug use is if you tell them. And no, in spite of thier misrepresentations, your honesty will not count in your favor.
publius (earth) on October 1, 2011 at 12:55pm
Hey,
Thanks for all the posts, this is a very informative site!
I have a situation that I don’t believe I have already seen in this list, so here goes – I currently have a TS clearance in the military and am considering to work for a government agency on the outside rather than re-up. I have been in for less than 4 yrs. I did not disclose former drug use on the sf86, largely due to the discouragement of full disclosure from my recruiter, but that’s neither here nor there. So the bottom line is, I wasn’t honest on my sf86; what was left out was this: approx 6 months of marijuana use, 3-5 times of psychedelic mushroom use, one acid use, and one meth use – all within about an 8-12 month time frame around age 18. I am currently about to turn 32 and have had no drug involvement in 14 yrs. What is my better course of action: 1) seek to ‘turn myself in’ while I am still active duty, or 2) fully disclose to the government agency and move forward from there?
Thanks in advance!
moving forward (Kentucky) on September 30, 2011 at 5:38pm
Roger (That):
Guideline H (Drug Involvement) of the Adjudicative Guidelines applies to all levels of security clearances. The frequency of use and periods of abstinence described in the article are recommendations made by PERSEREC. Adjudicators are not obligated to follow these recommendations. They are only offered by PERSEREC to help establish some uniformity in clearance decision among the various federal agencies that grant/deny clearances.
William Henderson on September 29, 2011 at 7:35pm
DHShopeful (DC):
Illegal use of drugs 4 months ago usually results in clearance denial.
William Henderson on September 29, 2011 at 7:25pm
Brigitte (Washington):
Go to the DEA website. They have information posted about their special eligibility requirements, particularly about prior drug use. Their employment suitability criteria for drug use is more stringent than most other federal agencies.
William Henderson on September 29, 2011 at 7:23pm
Hello,
I'm 18 and currently trying to enlist in the national guard into an intelligence position, requiring a top secret clearance,
When i was 16, almost 17, (dec 2009) I was using marijuania, on a fairly reqular basis, I have no criminal involvement, record or anything similar, and I checked myself into a treatment program, I sucessfully completed the program and relocated from the seattle, washington area, to southren oregon to live with my grandparents, since then i have graduated high school, gotten a job, and stayed clean, what are your thoughts on me sucessfully getting a Top secret clearance?
Oh crud (Oregon) on September 29, 2011 at 3:03am
Where it says "MITIGATING SECURITY CONCERNS" it describes the amount of time abstained from drug use, and how it effects one's eligibility for a clearance. does this apply to Top Secret Clearance as well?
Roger (That) on September 28, 2011 at 10:28pm
Hi thanks for the site. I am interested in applying for a position with the CIA or State Department. I am 29, used marijuana maybe 50 times from age 15-25. Never daily, monthly, or even yearly use. Probably bought it 2-5 times during that time period. I also experimented with cocaine about 10 times from the age of 20-24. Again I never used daily, monthly or yearly use. I think I bought it once. I have refrained from any drug use for the past 4 years and have no desire to ever use again. What are my chances of obtaining a security clearance? Thank you for this site and any feedback.
Dave (LA) on September 28, 2011 at 12:05am
I Am planning on joining the Air National Guard while in college (currently a sophomore) then apply for Pilot when I get my degree. I have smoked Marijuana around 50 times during the last few months of my senior year of High school. In order to be considered for Pilot I am going to declare that I've only done it 10 times.
My question is: would it be possible that I declare that I have done it 10 times on my af imt 2030, then when it comes time for my TS clearance tell the interviewer the truth about everything? would I be granted a my TSC? I am not a bad person or a liar but I don't think that making mistakes in high school should ruin my career.
Marcus (WA) on September 27, 2011 at 9:18pm
Hi Will,
I am a 25 year old IT consultant in DC. I have not needed a clearance for the work that I currently do, but I am looking to get a job where the client would be DHS. I have great credit, no debt, and I have never even had a speeding ticket. My only worry is that my past drug use may disqualify me from being able to obtain a secret clearance. I smoked marijuana in2005/2006 on occasion (5-10 times probably) and consumed psychadelic mushrooms one time in 2006. I was then completely clean until 2010. I have smoked marijuana once, in the past 4 months and once in 2010. I also ingested a very small amount of cocaine in 2010. Will this keep me from being able to obtain a security clearance?
DHShopeful (DC) on September 26, 2011 at 4:58pm
Someone very close to me was just offered a job with a government contractor. In order to begin his job, he must pass a DEA clearance. During college (2005), they tried marijuana once and cocaine once during separate incidences. They have since moved away from that area and has never dabbled in either since then. Will they be denied the DEA clearance because of the cocaine usage? Thank you.
Brigitte (Washington) on September 23, 2011 at 3:47pm
Back from 2003-2006, I smoked Marijuana on an occassional to frequent basis. It has been 5 years come December and since my last use of Marijuana, I have gotten married, had a child, earned by degree, made it on the dean's list multiple times, became a member of an academic honous society, and have kept a stable job for three years. I also am out of the environment (school) which I used to smoke Marijuana at, but I do occassionaly see one specific individual who I smoked with, but we just say "Hello' and go our own ways. Most of the people who I associated with in the past are no longer my friends, and I don't ever plan to smoke again in my life because I have so much going for me including taking care of a family. I also have gotten a speeding ticket a year and half ago, but it has been cleared. Will any of this possibly be a denial for a secret clearance. Thank you in advance.
DHS Hopeful Prospect (East Bay) on September 20, 2011 at 8:57pm
Vic (DC):
I don’t think you will be denied a security clearance because of either your past drug use or your mental health treatment, but your case will take longer and you may have to jump through a couple of extra hoops to get it. There is a good possibility that you might not be eligible for an interim clearance unless you provide more information about your mental health treatment than is required on the SF86. I recommend you read my 2 articles on Mental Health, my article on the Whole-Person concept, and the one on Rebutting and Appealing Security Clearance Denials.
William Henderson on September 16, 2011 at 9:54pm
Kim (Laurel, MD):
It’s never too late to make a full disclosure of your past drug involvement if asked about it. If when previously asked, you honestly forgot about a few earlier instances where you used marijuana, it should not result in a clearance denial, provided you have a plausible reason for failing to remember it.
William Henderson on September 16, 2011 at 9:44pm
i really did it this time (NM):
Having used marijuana twice over 12 months ago should not result in a clearance denial if there are no aggravating factors or other potentially disqualifying conditions. But it could result in the declination of an interim clearance.
William Henderson on September 16, 2011 at 9:40pm
I disclosed on my sf-86 that I used marajuana two/three times between 2002 and 2005. However, I forgot to mention that I also used it back in 1999 very sporadically. I've had to retake the polygraph, which I forgot to disclose my usage in 1999. Is it too late to disclose this on my upcoming poly and will I be denied clearance b/c of this?
Kim (Laurel, MD) on September 16, 2011 at 2:22pm
I'm in college - would 2 isolated instances of marijuana use a full year ago result in denial of an interim clearance at DOD? Could I mitigate this at all? I need one for an internship, but I'm getting the impression that it would and I'm kinda concerned
i really did it this time (NM) on September 14, 2011 at 11:28pm
Bill or Bill,
First of all I want to thank for taking the time to provide this service. My main and only question is would I be eligible for a secret clearance based on my background?
I am currently a 2+ year graduate (graduated in May 2009). I have a double major in Economics and Foreign Affairs with a minor in Business Leadership. My cumulative GPA was over 3.0. Since graduating I have been working as a business analyst. There are two items in my past that cause me concern and prevent me my from applying to secret clearance based jobs.
1) I was a frequent to occasional marijuana user from Spring 2005 to Spring 2008 (2nd semester of freshman year to junior year). I also say frequent to occasional, because my use tapered off after my sophomore year. Additionally, I did smoke opium once, and believe or not it was a complete accident. Being as naive as I was I accepted to smoke with my friends not realizing what it was. Immediately I knew it was not the right substance and we were told it was not marijuana. I immediately began to panic because I knew smoking the drug could be dangerous and would eventually impact my job search. I have nothing to hide with this incident, and perhaps it would be "easier" to say that it wasn't an accident but it truly was. My illegal drug use was over three years ago and I do not intend to use drugs again.
2) The end of my Junior year (Summer 2008) because of difficulty focusing and a "panic attack" I was diagnosed with anxiety disorder and prescribed the minimum dosage of 25MG Zoloft. I also saw a psychologist 2-3 times after the diagnosis to help with relaxation methods. By the end of 2008 I felt I had achieved a level of mental peace and really did not feel bothered with any symptoms. I also spent a great deal of time working on my physical health and meditation. Additionally, the minimal dosage had little medical impact as my doctors had noted and truly was more of a placebo effect in my opinion. All in all, I was ready to move on from that chapter of my life. Since I graduated in May 2009 I stopped taking the Zoloft medication and have not had issues since then. This stop took place almost 2.5 years ago.
I have always had a desire to provide services at the public level and it seems the real places where I want to make change require at least a secret clearance. What is the realistic chance for me to be cleared based on my background and if not why? If the chance is poor, is there any amount of time I need to wait to become a better candidate? If I do apply, get rejected and feel I should not have what are my opinions? I have seen security clearance lawyer groups online; is that a common/viable option?
I now see I have more than just one question. I apologize for that, but the clearance process is something that has been bothering me for some time and any help with these questions would be greatly appreciated.
Thanks!
Vic (DC) on September 13, 2011 at 9:30pm
LG (Detroit, MI): Your chance of receiving a security clearance is poor.
William Henderson on September 9, 2011 at 12:04am
Bill R (PA):
There is no statistical data from any federal agency on the length of time it takes to reach a decision on cases where clearances have been suspended and no two agencies handle any type of adjudication in the same amount of time. No one can give you a meaningful opinion of your chance of keeping or losing your clearance based on the information you provided. It’s kind of like saying, “Doctor, I’ve had chronic acute chest pain, will I die?”
William Henderson on September 7, 2011 at 2:35pm
Trying to go Federal (MS):
“. . . can they use this information to revoke my current clearance?” YES.
“Could they pass this information to my guard unit and have me separated?” IF THE ARMY CHOOSES TO REVOKE YOUR SECRET CLEARANCE, YOUR GUARD UNIT WILL BE NOTIFIED. I’M NOT SURE HOW MUCH INFORMATION THEY WILL BE GIVEN.
“Will this prevent me from being considered?” YOU’LL BE CONSIDERED, BUT IT WILL AFFECT THEIR DECISION TO SELECT YOU.
Can answers on application forms be used to bring criminal charges? YOU CAN BE CHARGED WITH MAKING A FALSE OFFICIAL STATEMENT IF YOU FALSIFY INFORMATION ON AN SF86. YOU CAN NOT BE CHARGED WITH ILLEGAL DRUG USE IF YOU DISCLOSE THIS ON THE SF86.
William Henderson on September 7, 2011 at 2:19pm
Hello Mr. Henderson,
I have a question about applying to a government job at TACOM or TARDEC in MI and I would appreciate your response and advice. The positions I have applied for require a security clearance. btw, I am 24 now with an associate's degree in business, and I am continuing my education for a bachelor's degree.
Here is my usage:
June 2005-Sep 2006 (freshman college)= I used marijuana regularly & tried cocaine 5 times
October 2006-May 2007=CLEAN
July 2007-October 2008= occasional marijuana
November 2008-May 2010=CLEAN
June 2010-June 2011= occasional to regular use of marijuana
June 2011-present=CLEAN and I have no intent to ever use again! I realize that what I want in life will not be achieved with drug use.
*I have a great credit score, have only had one speeding ticket in '05 (which was dismissed), GPA of 3.89, continuing my education, do not associate with those who I used with, and I have never had any run-ins with the law
What are the chances that you think I will receive a security clearance? Obviously it's been only 3 months since I've stopped using, but I think by the time I receive an interview or call, it will be at least 6 months since my last use. THANK YOU for this site!
LG (Detroit, MI) on September 7, 2011 at 1:46pm
From 2003-2005 I got into a finacial problem while going through my divorce . I currently have a TS that has been suspended because of this I have paid off all the bills from then and sent in the documents how long should it take to hear somehting back, if I will keep or lose my clearnace. My job requires I have a clearance.
Bill R (PA) on September 7, 2011 at 1:30am
Bill/William,
I have been in the Guard for about 7 years. First air, now army. While on a deployment, I tried Marijuana for the first and only time. I held and still hold a secret clearance. I was never tested and nobody knows about this one time mistake. This incident occurred over 4 years ago.
I am now applying for a federal agent position and one of the application questions ask "if you ever used illegal drug(s). . . while holding a security clearance." Now, I realize I will answer yes to this question, but can they use this information to revoke my current clearance? Could they pass this information to my guard unit and have me separated? Will this prevent me from being considered? Can answers on application forms be used to bring criminal charges? Thanks for any help you can provide.
Trying to go Federal (MS) on August 28, 2011 at 10:25pm
I am in the process for several jobs on the federal level and am wondering if having a prescription and taking aderall on a regular bases could effect me getting a job. My thought is that because it is a mental health drug it could maybe make it questionable for me in a certain law enforcement role. To clarify the question is not necessarily in regards to a clearance because I would have a prescription I am wondering if it could affect me getting a job. I feel like something like this could drastically change my life because I have serious problems with lack of concentration and other things.
Thanks
Geo (Chicago) on August 27, 2011 at 2:39pm
I've recently applied for a Secret clearance, and was granted an interim. I did not list anything on my SF-86 about my VA disability mental rating I received (30%), because it said if it was military related or combat, I would not have to list it. Is this true, what are the chances of OPM or USIS finding my VA medical records?
Son_J (Atlanta) on August 19, 2011 at 9:31pm
Hello all, I am currently finishing up a National Guard OCS program. I have a couple months left until commissioning. I also very recently graduated college. I am planning to go into intel work after I commission.... however, there's a snag... Before OCS I was enlisted in the National Guard. I had a Secret Clearance then, and I very stupidly smoked marijuana on several occasions when I had (and still have) the clearance. I estimate I smoke marijuana about 5 times over 3 years with the clearance. At the time I thought it wouldn't be an issue, I felt that it was ok because I was being "smart" about it and not getting caught. However, I began to realize that it doesn't matter if I get caught or not... its still illegal. I vowed to never do it again and haven't touched (or ever intend to in the future) the stuff since. It has been about two years since I last used marijuana. I will be applying for a TS clearance approx two months from now. In addition, I smoked marijuana a limited amount of times (less than 10) before getting my secret clearance, I was advised to lie by my recruiter and DID. My blunt question is this, do I even have a chance to get a TS clearance now?
unsure (alabama) on August 12, 2011 at 4:34am
Question: In your opinion, what is the necessary amount of time needed to mitigate the circumstances and be granted employment/clearance with the CIA.
Circumstance: Prior military, honorably discharged, lied on 4 different SECRET Clearances (SF-86) regarding past drug use. Initially lied because I was advised my my military recruiter to not disclose anything that would jeopardize getting a job. Infrequent use of multiple drugs while in the military/college (college after the military). No arrests, no drug problems, no financial problems, great credit, employment with DoS, defense contractors. No drug use for the past two years.
Mark Hilde (Los Angeles, CA) on August 8, 2011 at 3:18am
I'm an idiot.
I got into a situation where a few friends were smoking marijuana around me. The police came and wrote down in the report that all of us were smoking. I was not, and got my friend to write a statement saying I was not. I submitted this information to my ROTC commander. Shortly after I filled out my eqip form for my TS investigation, since I was assigned to a job that required a TS. I put that I have never smoked marijuana which was true at the time.
Last month I was at a party, I was extremely intoxicated and I tried marijuana when it was offered to me, just out of drunken curiosity, not thinking about the consequences. I was going to just not say anything and maintain that I never smoked, but some of the people at the party were ex coworkers and they knew me. So I know when the investigators come knocking they will probably say something about it.
Will the best course of action be to wait until my Subject interview to admit this mistake, and resubmit a new form saying that I did try the marijuana once? I feel this reflects really poorly on me since I already got in trouble once for just being AROUND people that were doing it. Will just being honest about it better my chances of getting it waived? My investigation began in June and should be done by December.
Truth will set ya free (NYC) on August 8, 2011 at 2:21am
I applied for a position that required a TSC/SSBI, and I made a mistake with the date. I did the EQIP, and the company receded my offer stating it was because they knew I would be denied a clearance (DOJ); they also said they did that so I would not have to say I have been denied a clearance. Five months later, I have a job that requires a DoD secret. I went into the EQIP system, again, to fill out information for my new job and saw all the old information from the last time I filled it out. The drugs I used did not change, only that one mistake date I made the first time. How will this play into the process: having using the EQIP system twice. Will they compare both of them even though the first time, the company never sent it in? Will they only look at the new one which will be submitted? This is very stressful .
Stressed daily (NY) on August 6, 2011 at 1:24pm
Hello Bill,
Thank you for your assistance. My question is - would a one time use of a roomate's adderall (10mg - low dose) to study for an exam about 8 months ago preclude someone from getting a TS clearance from State?
Anonymouse3213 (New York City) on August 6, 2011 at 2:07am
Anonymous428733 (Frederick Maryland):
No responsible person is going to recommend that you falsify a government form. That would be bordering on subornation of perjury. You should report your prior SF86 falsification to your security manager and discuss the situation with him/her. He/she may recommend that you hold off on the new SF86 for a TS clearance until you get the falsification issue resolved. It’s possible to mitigate SF86 falsification, but it’s usually very difficult. I suggest you read the other articles on this website regarding Falsification of Security Clearance Applications, Security Clearance: The Whole-Person Concept, and Rebutting and Appealing Security Clearance Denials.
William Henderson on August 5, 2011 at 7:02am
I have a question. I am in the Army and currently have a Secret Clearance. I just switched posts and now I have to get a TS. The problem is on my SF86 to get my secret clearance I lied about past drug use and said that I have never done any but in reality I used cocaine on 3 or 4 occasions. It was also a little more than 2 years ago. None of my drug use have even been documented anywhere. The problem is that if I say I used drugs on the new SF86 it would have falsified my secret SF86 and if I don't tell them and they find out somehow I will probably get a dishonorable discharge. My question is that on the SF86 should I document that I did experiment with drugs? Or should I hope they don't find out and bite the bullet if they do?
Anonymous428733 (Frederick Maryland) on August 3, 2011 at 4:40pm
Investigator,
I have a question about if I would receive a TS/SCI clearance.
1: Greater than 10 years ago, I had a DWI.
2: Over the past 7 years, I used Viagra at varying times (sometimes 1/week and others at 1 or 2 time per year).
3: Greater than 10 years ago, I experimented with drugs (not sure if I should list that on the SF-86 form since it is greater than the timeline).
4: I have downloaded movies, music and apps/programs on peer to peer programs.
5: I have changed a co-worker’s computer background to a funny image.
Thank you for your time on this matter,
SteveBob (USA) on August 3, 2011 at 12:39pm
Johnny (DC):
You have a chance of getting a TS clearance, but not a good one. The main issue at this point is not the illegal use of cocaine; the main issue is intentional falsification of your prior SF86. Intentional falsification is much harder to mitigate than experimental use of drugs. If the TS is denied, your Secret clearance will be revoked. The government must inform your employer if your clearance is denied/revoked, but under the provision of the Privacy Act, the government can not disclose any investigative information to your company or it representatives. However, when you fill out an SF86, it will be reviewed by your company Facility Security Officer (FSO). It is possible that your FSO could notice the difference between information in the 2 SF86s.
If you really want to do the right thing and increase your chance of eventually getting a TS clearance and retaining you Secret clearance, I recommend you discuss this matter with your FSO. The best thing to do is hold off on the TS clearance request. The FSO should submit an “incident report” that states you voluntarily came forward and reported your falsification of your prior SF86. This “incident report” may result in the temporary suspension of your Secret clearance until the matter is examined and adjudicated. Your chance of a favorable adjudication may not be good, but it will be better than having the matter surface during an investigation for a TS clearance. If the “incident report” is favorably adjudicated, it will then be possible to submit an SF86 for a TS clearance and be granted the TS clearance.
William Henderson on August 1, 2011 at 5:45pm
So I tried cocaine in 2006 and had a terrible reaction. My friend brought me to the hospital where I was diagnosed with a cocaine overdose. I applied for a Secret in 2007 and got it (I lied about not trying drugs). It's now 5 years later and my company wants to put me in for my Top Secret. If I go for it I would obviously tell the truth about the incident, the questions are:
1. Since it was 5 years ago, do I have a chance of getting my TS?
2. If the TS is not granted, will they revoke my secret since I lied when getting my secret?
3. If the TS is not granted, will my work be informed of my drug mistake? (and I'll get fired I assume)
Johnny (DC) on July 31, 2011 at 4:29pm
J (colorado): Yes.
William Henderson on July 28, 2011 at 3:57am
I was filling out my sf-86 and it asks if you have used any drugs "illegaly" in the last 7 years. I have not used any in the U,S. but I have been to Amsterdam 3 time in the last 7 years and I did smoke marijuana there. Do I need to mention this on the sf-86?
J (colorado) on July 22, 2011 at 5:09pm
Kevin (PA):
A number of federal law enforcement agencies have specific disqualifying conditions for drug use, but these are employment suitability standards, not security clearance standards. I believe a simplified version of the FBI standards stipulate no marijuana use in the past 3 years and no other illegal use of drugs in the past 10 years. DEA, USSS, etc. have similar but slightly different standards.
William Henderson on July 18, 2011 at 4:35pm
I tried what I was told was Morphine one time. I cannot confirm that that is what it actually was as I felt nothing from it's trial. I was 25 at the time. I have no other drug related issues in my past.
I see on the FBI and Secret Service Listings that one time use of an illegal substance after 23 keeps you from being considered.
Would this apply in my situation?
Kevin (PA) on July 18, 2011 at 5:26am
MissingFacts (NM):
It seems highly unlikely that you would have received “probation before judgment” (PBJ) for a felony offense. Since you said you were not convicted, PBJ seems like the only possibility in your case. If it was not a felony, you do not have to list this offense on your SF86 unless you held a national security clearance at the time (late 70’s). I recommend you answer "no" to the drug questions on the SF86 and if you are not certain if you were convicted, use the “additional comments” data field near the end of the eQIP version of the SF86 or the continuation space at the end of the paper version and explain what you remember about the offense and your uncertainty regarding it.
William Henderson on July 7, 2011 at 5:12pm
Freaking Out AND Confussed (Miami FL):
The article on this webpage is about National Security Clearances that involve access to classified national security information. You need to find a source of information about the state of Florida's requirements for your particular job.
William Henderson on July 7, 2011 at 5:01pm
I have applied at a Juvenile Justice Residential Facility in Florida, and I'm freaking out about the security screening they do. In 3/2010 I was arrested for possession of cocaine (residue) the state threw it out (nolle pros) I never went to trial or pled anything, I didn’t pay any fines, or receive community service, I also had it expunged received my letter 5/2011. Is this going to stop me from gaining this position at the Juvenile Justice Facility??? Please Help
Freaking Out AND Confussed (Miami FL) on July 5, 2011 at 8:45pm
I am going through reinvestigation for Secret Clearance. In the late 70's (78,79, maybe 80) I was arrested for "something" to do with marijaunna. I can't remember if it was a felony (because of weight) or a misdemeanor of possession. I was never fingerprinted for it and I remember being put on probation (no probation officer), for a year. Ulitmately never convicted.
I haven't been able to find the paperwork, but with the help of an attorney I was able to "reverify" that I have no criminal record in the state in which it occured. Also, I took a trip back to the state to try to get my records, but the police department doesn't have the records because of a computer mishap, and the court was unable to locate any records.
I am not sure how to fill this out in the SF86. What do I say?
MissingFacts (NM) on July 4, 2011 at 8:25am
Hello,
I'm graduating from university in approximately one year and wanted to estimate my chances for obtaining a secret/TS clearance, based on the fact that many queries here involve comparatively insignificant drug infractions. I used marijuana frequently/regularly from mid 2008-early 2011 and also used MDMA 3 times in early 2011 (not in the U.S., if that matters). I plan to apply to intelligence agencies approximately one calendar year after my last use, fully disclosing all information/swearing to no further use for my employment period, if necessary. Should I even bother applying at this time, and if not, what would be my chances 3-5 years down the road? Any response is appreciated, thanks so much for your help.
Mack (Washington, D.C.) on July 2, 2011 at 5:35am
Hello! This is a very informative resource - excellent. I am applying to the Air Force Reserves as an enlisted person who aspires to be an officer in the reserves and perhaps become an active-duty officer. I lied on my pre-qualifying information gathering phone call and said I had never even experimented with marijuana. I was very nervous and didn't want to get booted right off the bat.
I am nervous about just getting into the military at all, and concerned about my prospects for career advancement.
I have my interview coming up. I will need to say that I lied in my pre-qualifying form, but in my interview will disclose everything.
I took two or three hits one year ago (2010), as one year prior to that (2009). I used Ecstasy once in 2007 and smoked pot about 6 times in 2007-2008. Between the last two months of 1997 and halfway into 2002, I smoked marijuana between 1-6 times a month, used Ecstasy 3 times total, and ate mushrooms 5 times total. This was the latter half of college, and the three years after college.
Since 2003, I have barely touched marijuana or any drug at all except for the times mentioned. I have never had anything remotely resembling "addiction", have never sold, distributed, or been arrested, and never endangered myself or others.
I have absolutely no intention of using drugs if I am accepted into the Air Force.
What do you advise?
Looking for Guidance (Maryland) on July 1, 2011 at 11:17pm
magekillr (Los Angeles):
Let’s not play with words. In this type of situation you don’t rescind, disavow, recant or revoke what you previously stated; you simply admit that you lied. Of course you have to tell the truth on any future SF86, but your chance of getting security clearance in the future depends a lot on what happen and how long ago. All you previously said was “some time go” you applied to the Peace Corps and 2 years prior to “some time ago” you were “arrested. Arrested when and for what? Did someone do an investigation and find out you were arrested or did you tell them on some form—What form? Was there an investigation? They later sent you a questionnaire about your past drug use—what questionnaire?
Anyway, unless you stand to loose something substantial (i.e. the thousands of dollars for training to prepare for an intelligence analyst job), just apply for the clearance. Then start preparing for a Subject Interview by understanding how the mitigating conditions in the Adjudicative Guidelines apply to your situation. Give it your best shot. If it doesn’t work out, accept it and move on.
Regarding blackmail, I didn’t mean to imply that susceptibility to blackmail is not important. Worst case—a person illegally uses drugs, lies on the SF86, gets a Secret clearance, and continues to use drugs. Six months later a former friend says, give me $1,000 or I’ll tell the Government and your boss that you’re using dope and have been using for a long time. In today’s tight job market no one wants to loose a security clearance and a steady job. Disclose of this type of information can definitely result in a clearance revocation and if the employer doesn’t need you without a security clearance, you loose your job. You might even get prosecuted for falsifying the SF86.
William Henderson on July 1, 2011 at 1:22pm
Bill H,
Alright, that was my initial impression until I started doing more research and people used the "blackmail" issue.
Anyway, what would you do in my case? Say I was nervous during the PC process and rescind what I previously said? How should that be handled?
magekillr (Los Angeles) on June 30, 2011 at 5:06am
magekillr (Los Angeles):
The primary concern is not blackmail; it’s willingness to obey the law and follow rules. If you can’t be trusted to tell the truth, obey the law, and follow rules, how can you be trusted with classified information.
I personally would only trust someone who will do the right thing, even when no one is watching, no matter how unpopular or distasteful it might be.
William Henderson on June 30, 2011 at 1:03am
Hello Bill(s),
I applied for the Peace Corps some time ago. However, I was arrested prior to this application (2 years before), and because of this they sent me a questionnaire regarding past drug use. At the behest of a former Placement Officer at the organization, I lied about my past drug use on these questions.
Should I want a security clearance in the future, should I just follow what I wrote on that original questionnaire, or tell the truth that I lied on that questionnaire itself? It's going to be a conflict either way. I know honesty is the best policy, but I've somewhat boxed myself in here. And after answering what I should do -- I think we both know what you'll say (tell the truth) -- what do you think my chances are despite the conflict?
Also, another question I've been pondering is this. I am now aware that they want you to be clean with past drug use because of blackmail. However, why is blackmail a concern in the first place? I can understand why having bad credit will get you -- it's a great temptation to give away secrets for money. But blackmail over drugs? Can you lay out a situation in detail about how this comes about? I'm failing to understand why anyone would give a damn and how it would pose as leverage for blackmail...
magekillr (Los Angeles) on June 29, 2011 at 3:46pm
Will a garnishment of wages in the Army trigger a review of your security clearance?
Jim (Killeen, Texas) on June 24, 2011 at 6:31pm
zee (central us):
If you can succinctly state your problems and the applicable mitigating conditions in about 200 to 300 words and you don’t fall within the 20% of people with the most serious problems, I’ll try to give you an opinion. Otherwise you can try the Private Q&A Service offered by ClearanceJobs.com at http://www.clearancejobsblog.com/new-security-clearance-question-and-answer-service/. Based on SWAG at least 80% of all applicants will eventually get a clearance. About 15% will drop out the process because they are declined an interim clearance. Another 4% will drop out because of delays caused by problems in their personal history, and only about 1% are formally denied a clearance.
William Henderson on June 21, 2011 at 7:48pm
Altair (FL):
The adjudicative standards for drug involvement for SCI and for collateral clearances are the same. The only differences that exist are cultural differences between one Central Adjudication Facility (CAF) and another and the proclivities of individual adjudicators. Some CAFs apply the standards more strictly than others, as do some adjudicators.
William Henderson on June 21, 2011 at 5:25pm
I haven't seen a lot of questions regarding TS/SCI clearance and drug use, so I figured I would ask. Thanks in advance for your responses, this is a great resource for a bunch of nervous college kids like myself!
I used marijuana 1-2 times a week (4-5 times a month) from Aug06 to roughly Aug/Sep07. During that time, I experimented with cocaine 1-2 times as well. Obviously, I purchased the drugs during this time frame, but never trafficked/sold for profit. I lived with a friend who smoked quite a bit during the Aug07-Aug08 school year, though I abstained from drug use by choice after that Aug07/Sep07 time period.
I have since distanced myself from drug using contacts, have abstained totally from any drug use for about 3-3.5 years now, and have held jobs requiring a drug test as well. I've also encouraged my live-in girlfriend to abstain from marijuana use, which she has done for about 1.5 years now.
I use alcohol regularly (college), but I have no on the job alcohol issues and haven't been late to work because of a hangover since the period of time where I used drugs.
I'd obviously be willing to write a letter of intent to not use drugs and I've been very candid with my personal references regarding my drug use, but there is a dearth of information regarding TS/SCI and drug use (specifically the cocaine experimentation).
Can you give me any advice? I know it's hard to determine what "chance" someone has, but it's always nice to know if TS/SCI clearances are granted with small experimentation with cocaine.
Thanks again, guys. This website is a great resource.
Also, I forgot to add I was arrested on a criminal mischief charge in March08 (unrelated to drug usage), but pled no contest and had adjudication withheld. Paid a small fine/restitution and paid money instead of doing community service because I was traveling out of the country for a few months after the case. So it's been 3+ years since I've done anything boneheaded, and I'm almost finished with a Master's degree in a critical language/area studies with a 3.5 GPA.
Altair (FL) on June 21, 2011 at 12:19pm
Can one get a specific evaluation of their chances of getting a clearance. I only have minor things, but need to know if I should leave my good civilian job and go for a federal contractor situation. Is free advice available. Can also pay if req. Thanks
zee (central us) on June 19, 2011 at 9:19pm
ASB (NY, NY):
Your treatment can not be characterized as family counseling; however if the counseling ended more than 7 years ago you would not normally have to list it on the SF86. The FBI has supplemental instructions (and possible a supplemental form) for the SF86 that may require you to go back more than 7 years. I doubt that even the FBI would consider an isolated incident that happened when you were 13 years old as being disqualifying for either employment suitability or security.
William Henderson on June 15, 2011 at 12:31am
Question (Baltimore, MD):
See my reply to "Peace of Mind" posted on March 3, 2010 at 1:05am. Unfortunately your use of marijuana will be viewed as occasional use from May 07 to May 10. The PERSEREC recommendations are just that—recommendations. They are not binding. Your chance of an interim clearance is poor. Your chance of a final Secret is only fair and you may have to go through most of the “due process” procedures before you are successful (see my article on Rebutting and Appealing Clearance Denials and Security Clearance: The Whole-Person Concept” on this website). Your ability to articulate why you believe you will not illegally use drugs in the future and present positive “whole-person” factors may be critical.
William Henderson on June 15, 2011 at 12:19am
Bill H. and Bill L.,
Thank you for your incredible insight. I think I speak for everyone when I say that you both are invaluable resources for security clearance questions.
I currently work for a government contractor and have been asked to obtain my SECRET clearance. In college, I used marijuana from May '07 to Oct '07 about 1-2 times a week. I also used once in March 2009 and May 2010 only once. I realize that using marijuana was a stupid mistake, and It's something that I wish I could change.
In the optional comments field I stated the above, as well as the fact that I have distanced myself from the individuals that I used with (i.e. I moved away from college). I also stated that I am willing to sign a statement for automatic revocation.
I've never been arrested, and I've only been pulled over once (for a warning), my credit is decent, etc.. My question is: do you think that I have a good chance of obtaining my SECRET clearance? I've been stressing about it for about two weeks now and would like to know what my chances are. Thanks in advance!
Question (Baltimore, MD) on June 14, 2011 at 4:48pm
I'm a college student in a technical field. I've experimented with a handful of drugs, mostly hallucinogenic, because to me, the benefits (not only the temporary one of a good time, but also a more lasting one: the introduction of certain modes of thinking that have been therapeutic and helped me adjust well in a period that's difficult for everyone, i.e. growing up) outweigh the risks (mainly the possibility that the experiences could trigger emotional instability - the physiological ones are negligible).
I never thought that I would consider employment with the government - I'm not particularly ambitious or hard to please, and I've always figured I'd be happy with anything in my field of interest - but I lucked out and got a temporary position with a defense contractor. I really, really enjoy the work, and (provided I do a good job) it looks like I have a pretty great potential path ahead of me with this particular company. The problem is, it would require clearance - top secret, I believe. My boss has already mentioned that I might want to begin the process in a few months. (I've now done enough research to realize that I shouldn't even bother trying so soon, considering how recent my drug use has been.)
So here's the thing. If I decide to go for clearance, I will stop using drugs. If I decide not to pursue that path (or if I try and am rejected), I will probably continue experimenting. I could go on more about my rationale, but again, the main point is that to me, the benefits outweigh the risks.
If I stopped using because I was working for the government, it would only be out of respect to the law and for the safety of my job. I really do not think that my drug use is representative of anything that could pose a threat to national security. I am trustworthy and honest and I would never deliberately behave in a way harmful to others (and that includes recklessness, not just malicious intent) - only in a way that is potentially harmful to me, I guess. (Of course, any action has *some* consequences for others, but drug use [not ABuse] is IMO as close as you can get to a purely victimless crime.) I just really enjoy being in an altered state of mind, and I pursue this as safely as possible. I should also mention that based on the guidelines in this article, I've been for the past few months a "frequent" user of drugs other than marijuana and a "regular/habitual" user of marijuana. That puts me twice in the three-years category.
I guess I have quite a bit of time to think about it, because there's no shot in heck I'd get one in the near future. But of course, continuing my drug use would just prolong the amount of time I'd have to wait. And while I don't plan to be a chronic user, I don't know if I'm done experimenting yet.
I feel silly going into all this, because if I do follow through with the process (in three years, I guess...), the investigators will probably find this post. But I just want thoughts from people who really know about this kind of thing. Is it even worth it for me to try? Is the fact that I would only give up the drugs *because* of the clearance, not to mention the fact that I'm so conflicted about whether I want to give them up now just for the possibility of clearance, reason enough not to give me the clearance?
I really would like to use my technical skills to do cool things for our country. It just feels like I have to choose between having that option and... I don't know... my freedom as a young adult.
T. (DC) on June 10, 2011 at 10:06pm
Am applying for an FBI job, with a law degree and multiple language fluency. At age 13 I had a "suicide attempt" (I OD'd on pills)... I had some family problems. However, I went through treatment (hospitalization + therapy) and have been considered to be fine and without any mental health diagnosis ever since (I am 23)... Considering the treatment ended up being strictly family therapy, without a resulting actual diagnosis, does this qualify for me to mark "no" under the "mental health condition" question (also considering it was over 10 years ago, and the question refers to the past 7 years)? If not, would it even be possible for me to obtain clearance?
ASB (NY, NY) on June 9, 2011 at 3:01pm
Mary (FL),
To be blunt – what the hell were you thinking? The bottom line is that you have a very high probability of having your Secret revoked and if you are processed for a TS, I expect it to be denied. Your Security Officer must, repeat must, report your admitted use to DISCO via JPAS Incident Report. This should initiate a re-look at your Secret. You must, repeat must, list your use on any SF 86/eQIP and based on the recency, you should be denied a TS. If you fail to list it and your Security Officer has reported it to DISCO, the issue of Personal Conduct – deliberate omission, concealment or falsification of any personnel security questionnaire – also applies. The guidelines are clear – “any illegal drug use after being granted a security clearance” is a security concern and may be disqualifying. The prime mitigation would be “the behavior happened so long ago” and does not apply in your case.
Bill L. (Bowie, MD) on June 9, 2011 at 9:02am
I have been out of undergrad for about 6 years. I received a Secret Clearance (DoD) in 7/2007 and work for a contractor. I had not participated in ANY illegal drugs prior to that time. I tried marijuana in 5/2009 once while vacationing overseas, once in 9/2010 and smoked a few times between 1/2011 - 4/2011. I have informed my company security manager of this. Now my boss would like to upgrade my clearance to Top Secret. If I have distanced myself from those who I smoked with and vow to not do it again, how long should I wait before applying for Top Secret status? If I report these incidents on my app for TS, will I automatically lose my Secret Clearance?
Mary (FL) on June 8, 2011 at 6:14pm
Cleveland (Santa Maria):
There are no statistics on reapplications. Even if there were stats, the numbers would be so small that no meaningful conclusions could be drawn from them.
Most issues, including falsification, can be mitigated by passage of time without recurrence. The amount of time depends on the circumstances surrounding the falsification and the underlying issue that you were trying to conceal. The minimum time before a person can reapply is one year.
William Henderson on June 3, 2011 at 12:03pm
William,
A follow-up question. Are there any stats on people that re-apply? Are people able to successfully get a clearance when they re-apply after a period of time? I've heard that time can mitigate most things in your SOR. And I guess my next question would be how much time to wait to re-apply for a TS/FS poly? Can you ever really mitigate not telling the truth on your SF86; other than telling the truth about everything when you re-apply?
Thanks in advance for the info.
Oh, I mentioned NSA because that's who sent me the SOR.
Cleveland (Santa Maria) on June 2, 2011 at 9:54am
Cleveland (Santa Maria):
You apply for a clearance like anyone else, but your application gets handled differently. Effectively you must get permission to reapply for a clearance before a clearance request can be forwarded to the appropriate investigative agency. NSA would only get involved if you apply for a clearance from NSA. Most industrial clearance requests go through DISCO/DOHA.
William Henderson on June 2, 2011 at 1:43am
Bill H. (Tampa):
You have a duty to report to your security manager when you become unwilling or unable to pay your debts. Your coworkers and supervisors have an equal responsibility to report your unwillingness or inability to pay your debts.
William Henderson on June 2, 2011 at 1:37am
I'm in the Military and have a TS which expires in 2013. I retire in 2014, but understand they'll extend my TS for another year if I'm going to be retiring.
I may have my home foreclosed on this year.
Based on your experience, what are the chances of them finding out if I don't have another investigation?
Bill H. (Tampa) on May 31, 2011 at 8:51pm
William/Bill,
If you are denied and you wait a couple of years to deal with any clearance jobs and a company wants to offer you job, is it a matter of going through the clearance process again or do you have to get permission from NSA to even apply for a clearance again?
I'm just wondering if I should have even appealed. I know everything in the SOR was correct. I didn't tell the whole truth out of fear and now I'm paying for it.
Cleveland (Santa Maria) on May 31, 2011 at 2:07pm
JW (Atlanta):
Your TS clearance can be administratively downgraded to Secret. Under current standards, if on the 5 year anniversary of your last SSBI or SSBI-PR, you still only require access to Secret material, no reinvestigation will be necessary until you reach the 10 year anniversary of your last investigation.
William Henderson on May 23, 2011 at 12:44am
I'm in the Army and currently have a TS.
If my next job only requires a Secret Clearance, can my TS be converted into a Secret, so that I won't have to get another investigation done at 5 years when the TS expires, and can get my reinvestigation at 10 instead?
JW (Atlanta) on May 21, 2011 at 2:53pm
Cleveland (Santa Maria):
Statistically only about 30% of appeals are successful. Not all lawyers who claim to specialize in security clearances are truly competent in this field. Also realize that a year from now it may be very difficult to find a company that will sponsor you for a security clearance because of your clearance denial.
William Henderson on May 14, 2011 at 7:10pm
Cleveland (Santa Maria):
Statistically only about 30% of appeals are successful. Not all lawyers who claim to specialize in security clearances are truly competent in this field. Also realize that a year from now it may be very difficult to find a company that will sponsor you for a security clearance because of your clearance denial.
William Henderson on May 14, 2011 at 7:10pm
I just graduated school and have a job offer lined up working as a civilian for the DoD. I filled out the QNSP for a secret clearance a few days ago and listed that I had used marijuana 7 time from 08/2009 to 08/2010. Do I stand any chance of getting a clearance based on my drug use? I realized that drug use would affect my future employment opportunities and have vowed never to use them again. Additionally, if it helps at all, I was never involved with the possession or sale of drugs. I would appreciate any information anyone can provide.
Just Graduated (Chicago) on May 13, 2011 at 10:29pm
What is the limitation for drug use when applying for TSA? What do they ask you about? And what type of test (follice/urine) do they give?
aaron (seattle) on May 12, 2011 at 4:54pm
Also to add I do not have a crinimal record before this incident. Just need to know what will be the right thing to do.
worry to death (federick, md) on May 12, 2011 at 6:41am
I have a big problem. I was granted my top secret clearance about 2 months ago. Well my past came back to hunt me. I am voluntary surrendering myself for an arrest out on me. My charge will be unemplyoment fraud (first degree felony charge) I did hire a criminal defense lawyer so hopefully I want to pay everything in full and possiblly get the charge dismissed or reduced to a lesser charge. My question that I have- should I report this to my job which is a government job or wait until my court date when I get a better idea what my verdict will be? Please advise. Thank you for your time.
Worry to death (federick, md) on May 12, 2011 at 6:37am
(Bill M, Bowie, MD) or anyone
Would 2+ years and minimal/experimental use be good enough for the DIA security clearance?
CM (DC) on May 11, 2011 at 5:58pm
When I was interviewed they asked for people they can contact. What happens if the person declines to be interviewed? One of my friends is mad that I said we smoked weed like 4 years ago because he just got a government job and said he doesn't want that on his record, whatever that means. He said he will decline the interview. So will this reflect poorly on me, and might get my clearance denied?
DoE-TS (MO) on May 11, 2011 at 12:48pm
Investigation started April 2010. If you got a LOI/SOR for Drug/Personal Conduct use in July 2009 and not telling the truth about it what are your chances if you are appealing with an attorney. On my SF86 I put that I smoked weed(1)/X pill(1) in July 2006 instead of July 2009. I told the truth about everything during the polygraph. My written response was denied and now I am waiting to get a hearing date. Should I withdraw and just wait a year to reapply?
Cleveland (Santa Maria) on May 10, 2011 at 4:16pm
CM (DC),
You are listing minimal use/involvement over 2+ years ago. I do not think you will have a problem, just be honest in completing your forms and during interviews. Good luck.
Bill L. (Bowie, MD) on May 10, 2011 at 9:13am
I have a question: I recieved a conditional job offer with an intel agency. I'm guessing they have to do a background check. Now I smoked twice before around 2007 RIGHT when I was going into college. Then exposed to it around 2008. What are my chances for getting a clearance?
CM (DC) on May 7, 2011 at 6:55pm
DJ (New England):
In your case the sensitivity of the position really doesn’t matter. All levels of collateral security clearances are based on the same Adjudicative Guidelines (AG) and the AG is applied equally to all levels of collateral security clearances. An applicant is not judged more critically because he has applied for a Top Secret clearance as opposed to a Secret clearance. Unlike employment suitability determinations, there are no additional considerations for the relative sensitivity of a position for security clearance determinations. I would be really surprised if you were denied a clearance because of experimentation with THC 5 years ago.
William Henderson on May 6, 2011 at 11:52pm
I am applying for a nuclear engineering position at a ship yard. I have a pretty clean background having graduated with honors, never gotten a speeding ticket, never held any debt and the like. My only blemish is a few THC uses about 7 years, and 5 years ago experimentally. They were a few isolated times at parties in college, and a year out of college. I intend on putting them on the SF 86 for full disclosure, but just want to know the chances of getting rejected based upon my position which is very sensitive. I clearly have no intention of doing the stuff again.
I suspect I will be okay, but always like to hear someone more versed in these things say it.
DJ (New England) on May 6, 2011 at 1:15pm
I've held a Secret Clearance for about 27 yrs since the young age of 18 when I started working for the company I still work for today. Here's my problem, I've lied about smoking, and buying Cannabis all the way up to 2002 on my security paperwork. I started smoking when I was 15, stopped when I was 38, I'm now 45. I sought out rehab on my own through my employer in 2004, I completed a outpatient rehab program and have not smoked for about 7 yrs during this time I've received a AA degree. I decided to devulge my lies on my security paperwork when I was put in for a Top Secret Clearance. Am I screwed or what? I've received a Statement of Reasons from the DOD to start the process for taking any and all of my clearances away....I currently have a Interim TS.
Ut Oh (cali) on May 6, 2011 at 10:49am
New2Clearances (MD),
I would not say that you are screwed due to the questions on the SF 86. If you followed the traditional path of education – college right after high school – then I surmise that you have not used illegal substances in approx 4 years. The passage of time since your last use is the key in your case. Also key in your case is the skill set you bring to the job. If the SCI agency needs/wants your skills badly, they can be a little lenient in their decision. When you admit your use is “habitual”, the normal course would be to have you undergo a medical evaluation to ensue your attitude towards such use is clearly in the past. Your honesty in completing the SF 86 will be backed up by a polygraph, so expect one. Good luck.
Bill L. (Bowie, MD) on May 5, 2011 at 9:58am
I recently accepted a position with a government contractor. They want me to get a TS/SCI. I am 26 years old and I graduated college in Winter 2008. I smoked marijuana 'habitually' for the better part of my freshman, sophomore, and junior year. After that it was reduced to very occasional to none in preparation for future employment. I've been clean since. I never sold, or trafficked, but did posses on rare occasions. I'm certainly not going to lie regarding my usage, but the official verbiage on the SF-86 makes it seem like I'm screwed. What's the best way to approach this situation?
New2Clearances (MD) on May 3, 2011 at 11:03pm
Wondering (GA),
In my opinion, your chances are good to be granted a Secret clearance. In my experience, the investigation will take 30-60 days and may or may not include a personal interview. Most of the adjudication facilities are taking 30-60 days to render a determination. The time line puts your case about August before it is looked at and since all of your use is pre-employment with the government, it looks good. Good luck.
Bill L. (Bowie, MD) on May 3, 2011 at 9:10am
I listed having smoked marijuana on ~5 instances while in college at parties from 2004-2007 and one other time in 9/2010. I applied for secret clearance in 4/2011. Is the abstinence period combined with limited use long enough to allow for mitigation of drug use?
Wondering (GA) on May 2, 2011 at 10:38am
Amber Zempel (Havelock North Carolina):
Yes, it falls under Guideline E (Personal Conduct), association with persons involved in criminal conduct.
William Henderson on April 29, 2011 at 2:51am
Currently filling out an SSBI/PR - can I lose my current clearance if my spouse smokes weed regularly?
Amber Zempel (Havelock North Carolina) on April 22, 2011 at 8:27pm
Wondering (San Diego):
Generallly 6 months, but no two cases are exactly alike. The limiting factor for you will be the USMC and whether they will accept you after only 6 months of abstinence from drug use. Check with a USMC recruiter regarding their standards.
William Henderson on April 21, 2011 at 11:48pm
Jimmy S.,
I don’t know the State Department’s employment suitability criteria for summer interns. If they ask you to fill out an SF86 for a security clearance, I think your chance of getting a clearance is poor but not impossible.
William Henderson on April 21, 2011 at 11:42pm
Mr. Henderson,
I used marijuana 15 times from June 27, 2008 to March 8, 2011. I wish to apply for a TS/SCI clearance to be an intelligence analyst in the Marine Corps. What length of time would be considered mitigating circumstance?
Thank you.
Wondering (San Diego) on April 18, 2011 at 2:11pm
Hello, I recently received a student internship with the State Department for the summer of 2011, and I had a question. In the past I made regular use of marijuana, primarily in the summers in between college semesters. However, I no longer do so and have not done so in over 6 months. During my interview I made it very clear to my evaluator that I had zero desire to make use of these substances ever again, that I no longer associate with the individuals involved, and stated my willingness to sign any sort of statement and partake in whatever sort of testing or drug education program the State Department would require. As such, I was wondering if I should begin looking for other employment situations for the summer, or if I should not be concerned. Thank you so very much.
Jimmy S (College Park) on April 15, 2011 at 4:20pm
recentGrad (TN):
It means your chance of getting a clearance is poor. Fortunately the period of abstinence is computed from the date of last use to the date of adjudication and it could take a few months for your investigation to be completed and adjudicated. Unfortunately, an interim clearance is pretty much out of the question and the company may withdraw the job offer if the conditional offer of employment stipulates an interim clearance.
William Henderson on April 15, 2011 at 3:55pm
Adam (DC):
Your chance of receiving a security clearance is extremely poor. I recommend you wait at least a year or two.
William Henderson on April 15, 2011 at 3:48pm
I will be graduating in May and have a job offer with a company that is contingent upon getting Secret Clearance. I smoked marijuana 19 months ago (Sept 2009) for the first time and then again this January, 2011. What does this mean for my chances at receiving a secret clearance?
recentGrad (TN) on April 11, 2011 at 7:16pm
I have used marijuana regularly for both the summers and falls of 2009 and 2010. Additionally I smoked in Amsterdam in early 2010 where I also tried mushrooms and as part of that trip tried cocaine in Prague and ecstasy in Spain, all of which I did legally. In 2011 months I have smoked a couple times and tried a non-prescribed xanax once for anxiety. Would it be pointless to try and apply for an sf86 in the next few months?
Adam (DC) on April 10, 2011 at 1:46pm
La Guenesie (USA):
The purpose of question 23c is to cover aspects of illegal drug involvement other than use. However, the wording requires a “yes” response for possession incidental to use. Answering “yes” to this question doesn’t necessarily mean that your drug involvement is more serious if your possession was only incidental to use. A person’s yes response to 23a and 23c can be explained in a single entry below the question, by listing dates, type of controlled substance, and explaining the nature of use/activity and frequency. There’s nothing I can add to my post on April 2, 2011 at 12:38am regarding employment suitability for US Attorney positions.
William Henderson on April 7, 2011 at 11:19pm
Hi Bill,
I was granted a confidential security clearance for a summer internship job in 2009. I left the job August '09. No drug use before that. I smoked marijuana in a social setting about a half a dozen times throughout the fall of 2009. No drug use since then. I'm applying for a full-time position now that requires a secret security clearance. What are my chances of being denied?
Josh (FL) on April 7, 2011 at 9:28pm
On the SF86 question 23(c) "possession, handling, etc." of illegal drugs over the last 7 years, I've been assuming that unless (for example) you simply inhaled from a joint passed around at a party, you have to answer that question "yes" in that possession and/or handling of the drug in question is clearly part of your use of the drug. I can't see any other way to answer 23(c) in most circumstances, but I've heard that people answer "no." Thoughts? Also, any more insight on being dinged for affirmative question 23 answers for US Attorney positions?
La Guenesie (USA) on April 7, 2011 at 6:27pm
Justin (VA),
In my opinion, your interim will be denied due to the recent use. I just submitted a case to DISCO similar to yours and the interim was denied. Good Luck.
Bill L. (Bowie, MD) on April 7, 2011 at 10:05am
I am going to be graduating this May in mechanical engineering and was offered a job in which I will need to soon apply for an interim clearance. The only bad thing to put on the SF86 form is drug use. The only illegal drug I've ever used is marijuana, which I have smoked less than 10 times since my senior year of high school. The most recent was this past New Year's Eve, and before that summer 2010. Do you think I will be able to get my interim clearance?
Thanks in advance.
Justin (VA) on April 7, 2011 at 8:55am
The DOD is trying to revoke my job offer because I am tapering off of Suboxone. I am a perfectly healthy adult with no medical issues besides the medication the doctor legally prescribes me. Is it legal for them to deny me the job for a legal prescription even if i have gotten full clearance from my doctor saying I can work at a full capacity with no restrictions? It doesn't seem right. Now they have canceled my fitness test and it was taken to the medical board for review. I believe the Americans with Disabilities Act (ADA) protects me from this. Any info would be great.
Tony (wa) on April 6, 2011 at 12:50am
Fessin' (VA):
No one can give you odds. All I can say is that you have a chance of getting a favorable determination. Much depends on the extent to which you can support your claim that the security officer told you to enter incorrect information on the SF86.
Had the full extent of your drug use been known during your prior clearance processing, your chance of getting the clearance back then was poor.
Your Secret clearance will not be immediately revoked when you submit a new SF86. However sometime during the investigation or shortly after it’s completed, your Secret clearance could be suspended pending adjudication of your TS clearance.
William Henderson on April 5, 2011 at 4:43pm
I will make this short as possible. Last year, I filled out an eQip for a secret clearance. I was 24 and fresh out of graduate school, and being hired through a temp agency for my first real job. I filled out my drug use on the SF86 which included spotty marijuana use in junior and senior year of high school, 2-3 times during freshman year of college, and 10+ times a month during senior year of undergrad. When I went to graduate school abroad in 2008, I smoked occasionally while studying in Amsterdam. I have not used drugs since January of 2009. I have no criminal record, or any other questionable concerns.
When I visited the temp agency office for fingerprints, the security officer there informed me that he had "denied" my application because he said I had listed too much drug use. He then wrote down on a piece of paper what to write instead, which was that I only used marijuana once in college and did not like it. He sat me down at one of the computers in the office and had me change it. Foolishly, I believed this to be approval of the action, and not knowing better, I complied. Not knowing the seriousness of the SF86, I assumed that it was okay since he had physically prevented my application from continuing on. I obtained the secret clearance. I now understand it is likely I would have received the clearance had I told the truth regardless.
Since beginning work in June 2010 I have been an excellent employee who has been rapidly promoted three times. I am now being hired on as a full time federal employee, and have been told I will need to apply for a TS clearance. That day has haunted me for months. I feel the security officer took advantage of me and jeopardized my career so their company could set me in a position to make money off of me. I have decided to come clean, and plan on explaining the circumstances. Hopefully my naivety, youth, and lack of any other questionable behavior can convince the adjudicator I am incredibly regretful over this, and it is a one time character failing.
My question is obvious: What are my odds?
Was the drug use too extensive in the first place?
Also, will my secret clearance be immediately revoked upon sending in the new eQip once they see that the original is incomplete? Or will they go through the entire process and not revoke?
Fessin' (VA) on April 5, 2011 at 4:00pm
askingforfriend (USA):
I don’t think your friend would be denied a security clearance because of one-time use of marijuana 18-24 months ago. However since he is applying for a federal job, he will have to receive a favorable employment suitability determination first. Illegal use of drugs by an attorney is probably an ABA ethics code violation, which may be a disqualifying employment suitability factor for a US Attorney position. See my article on “Employment Suitability Versus Security Clearance” posted on this website for more information. Your friend should determine if his conduct was an ABA ethics code violation. If it was a violation, he should ask someone in the hiring HR office whether it is a disqualifying condition.
William Henderson on April 2, 2011 at 12:38am
Sarah (MN):
The SF85 is used for federal employment suitability determinations for all low risk, non-sensitive positions (e.g. positions that do not require a security clearance and are not Public Trust positions). The SF85 is also used for HSPD-12 credentialing (e.g. PIV cards and CAC). The SF85P is used for Public Trust positions and can also be used for HSPD-12 credentialing. The SF85 does not have any questions regarding financial matters. The SF85 is the basis for conducting a NACI investigation. When used for HSPD-12 credentialing, the SF85P is also used to conduct a NACI. When used for Public Trust positions, the SF85P used as the basis for a Moderate Risk Background Investigation (MBI) or a Background Investigation (BI). The NACI does not normally include a credit check, except for NACIs conducted for the Department of Defense. I recommend you read my article on “Understanding Federal Personnel Security Programs” post on this website.
William Henderson on April 2, 2011 at 12:26am
Good Afternoon -
Can you tell me the difference between filling out the SF-85 and the SF-85P? I was all set to disclose an account in collections that I just found out about (that is being disputed) - along with a bankruptcy from 5 years ago - but when filling out the E-QIP, none of that information was requested. I'm trusting that I was given the correct form to fill out - but I am worried that they will find out about the negatives and penalize me for not disclosing them.
Sarah (MN) on April 1, 2011 at 1:19pm
Bill, William - any input on the prosecution question?
askingforfriend (USA) on April 1, 2011 at 10:55am
What are my chances? (LA):
I doubt that you will get passed the initial HR screening once you submit your SF86, and your COE will be withdrawn. Recommend you decline the COE and wait at least 6 months before reapplying. See my article on Employment Suitability Versus Security Clearance on this website.
William Henderson on March 31, 2011 at 9:48pm
Thanks for running this forum, here's my situation.
I have a conditional offer for a civilian intelligence job that requires a TS-SCI clearance w/ polygraph. My problem is that I've smoked marijuana twice within the past year--once in Amsterdam in July 2010 and one puff in the United States in August 2010 (which I immediately regretted, hence why it was only one puff). Prior to this, my use was experimental/occasional since September 2007, with one long period of abstinence because I was applying for summer internships with intel agencies. I never purchased, never possessed, and obviously intend to abstain from future use. I plan to disclose all of this on my SF-86, but right now I see it as the single major obstacle to me being granted a clearance.
My questions: What do you think my chances are at eventually being granted a TS/SCI? And, as a corollary, how likely is it that if I turn down the offer and reapply after waiting a year, that I will be interviewed/re-hired? Does failing a clearance affect your chances in the re-hiring process?
What are my chances? (LA) on March 31, 2011 at 12:58pm
Gepetto,
You have a right to be concerned. I believe that you will not be granted an interim clearance. I suspect that your investigation will include a personal interview where an investigator will question you about the drug use and reaffirm that you do not intend to use in the future. “Normally”, DoD adjudicator use a guide of no drug use in the past 12 months. However, since your use seems minimal and was all prior to submitting the eQIP, you might be granted a final clearance. Based on the time lines I am seeing, do not expect this process to be completed prior to your graduation date. Good luck.
Bill L. (Bowie, MD) on March 31, 2011 at 9:48am
I will be graduating in May 2011 and have a job lined up. I recently filled out a QNSP on the e-QIP site and listed that I had smoked marijuana less than 10 times between the months of March 2010 to November 2010. I made it clear that I have no intention of smoking illegal drugs again. What are the chances of me getting a security clearance? If I don't get the clearance, where do I go from there?
Thank you.
Gepetto (USA) on March 29, 2011 at 6:39pm
Tony (WA),
In my opinion, you have provided adequate information and documentation to mitigate your situation. You need to continue compliance with your rehab program and I think all will end well. Good luck.
Bill L. (Bowie, MD) on March 29, 2011 at 10:27am
John (CA),
If your forms have been sent forward, they can not be recalled. The investigation for a TS clearance includes a personal interview with an investigator. At that time, you can correct any information on the form and explain. The issue here is going to be your explanation to the investigator of why you forgot to list the drug use. A one-time use of marijuana 2 years ago is not going to result in a clearance denial. And a public trust decision is not equivalent to holding a security clearance so, in my opinion, you did not use after being granted a clearance. Good luck.
Bill L. (Bowie, MD) on March 29, 2011 at 10:24am
I am still a college student. I was granted a secret clearance in 2008 and was offered a job that requires a ts. I was at a party in Jan. of 09 and took a puff of marijuana for the first time. I was hopeful it would help out a medical condition I had (it actually did help, better than any medicine, but that's beside the point). Immediately after, I realized this could jeopardize my clearance, and I've regretted it ever since. I've dissociated myself from anyone that used it. If I admit to my use on the new sf-86, what is my situation?
MAH ((Indiana)) on March 28, 2011 at 3:03pm
I'm asking a security clearance question for a friend who has an offer for an Assistant US Attorney position. He used marijuana on a single occasion between 18-24 months ago when visiting Amsterdam, believing it legal to do so in the Netherlands (though he has since found out that's not technically accurate, and that the relevant laws are just not enforced there). He plans to disclose the single use on the SF-86. He was admitted to his state bar at the time, but was fairly early in his 20s. He did not hold a security clearance. It sounds as though a single use incident disclosed forthrightly on the SF-86 that is more than a year old does not normally disqualify people. But would it be different for a prosecution job? Does it matter that the marijuana was not used in the US? Thoughts?
askingforfriend (USA) on March 27, 2011 at 1:51pm
I had a TS/SCI in the Army and have just started working for a contractor. I am now 2 weeks into the job and settling in Afghanistan and sent back my SCI access request form right before I started the job. I am worried because I answered all the questions truthfully but during my time out of the Army I had a problem with prescription medication from being injured. I self enrolled in a rehab program at a VA hospital about 9 months ago and am wondering if this will cause my SCI access to be denied?
I listed this in if I was under the care of a psychologist section and under drugs section. I am already out here but did not self report any of my drug use as I was not aware of it until speaking with others who are out here as well. Will I be denied and how long does a SCI access request take since I was already TS/SCI eligible?
Also- I am not sure I understand the SCI access request procedures when one is already TS/SCI eligible. Is it another investigation or just a formality? Should I be expecting to hear anything back from them or is no news good news?
Lucy on March 27, 2011 at 12:48pm
I have been selected for a job for the Department of Defense pending my ability to obtain a basic confidential sec clearance. In my past I had a substance abuse problem of oxycodone (regular recreational use) and checked myself in voluntarily to an out patient rehab program and I was treated with suboxone and I STILL GO and am tapering down my suboxone dose.
I have not used since my admission in 09 when I was like 20. They asked for a note from my Doctor and i faxed them my last appointments chart notes. My note says that I am stable and I regularly take UA's in order to continue the program.
Do I have a chance of getting this basic clearance considering my upfront admission and my efforts to be drug free? Any help would be greatly appreciated, I'm really stressing this.
Tony (WA) on March 24, 2011 at 2:15am
Hi Guys,
I recently filled out my form sf86 and forgot to mention I smoked pot when I was on vacation in Las Vegas 2 years ago. This just dawned on me today which I totally forgot.
This is for top secret, should I call my recruiter and let them know now or wait for the interview then tell them.
The other question is if I had used drugs while I had clerance, when I did smoke pot 2 years ago I did have public trust clerance which I forgot to mention on the form too.
Any advise would be appreciated.
john (ca) on March 23, 2011 at 8:47am
Jon (USA):
You’ve committed a security violation by failing to self-report your illegal use of drugs in July 2009. You can have your secret clearance revoked for:
Drug Involvement (Guideline H)
Personal Conduct (Guideline E)
Handling Protected Information (Guideline K)
William Henderson on March 11, 2011 at 3:54pm
tony (LA): There's nothing I can add to what’s already stated in the article.
William Henderson on March 11, 2011 at 3:48pm
I graduated from college in 2008 and got a job needing a security clearance. I was completely honest about drug use on my e-qip. I had smoked pot maybe ten times and did mushrooms once. I had an investigator come down and talk to me and was granted secret clearance at the beginning of 2009.
After getting my secret, I smoked twice in random social settings where somebody offered. The last time was July 2009. Also, I drank part of a drink/shake that I believe had mushrooms in it. I was on vacation in another country with a friend and this was offered at a restaurant. This was in November 2009. I have not done anything since.
I am now interviewing for a separate job that requires secret and potentially top secret. What is my situation?
Jon (USA) on March 8, 2011 at 1:14pm
I am currently seeking a top secret clearance for the military. I smoked marijuana 3 years ago about 6 times, and 1 more time 8 months ago. I already had an interview with a special investigator earlier this week and i disclosed the uses with it, and he has already interviewed two references.
What are my chances of getting a ts clearance?
tony (LA) on March 3, 2011 at 10:47pm
LJ:
Yes, your drug use will prevent your prior security clearance from being reinstated. When you were discharged from the military, an incident report was probably submitted and an entry made in your JPAS (clearance database) record showing an open incident report. Because you were discharged, the incident report (drug use) was not investigated or adjudicated. Instead a “loss of jurisdication” was entered into your JPAS record. Both the incident report and the loss of jurisdication will appear when your JPAS record is checked by the prospective employer and they will immediately recognize that your clearance is not eligible for reinstatement until the incident report is adjudicated.
William Henderson on March 1, 2011 at 9:08pm
Worried (Baltimore, MD)
Who notified you that your clearance request was discontinued?
William Henderson on March 1, 2011 at 8:22pm
jph (PA:
My impression is that DOE may be a little more lenient in their clearance decisions when it comes to past drug involvement than DOHA. The chance you might never qualify for a clearance is nil. Often the deciding factor in a clearance decision is the adjudicator. You can have 2 cases with nearly identical information and one will be granted a clearance and the other denied. See my post on March 3, 2010 at 1:19am, below for an example.
William Henderson on March 1, 2011 at 8:18pm
JD (Boston )
Under the circumstances, I think you will be able to mitigate the falsification of your prior SF86 based on passage of time, your age when it occurred, and positive whole-person factors. For more information see my article on “Falsification of Security Clearance Applications” posted on this website.
William Henderson on March 1, 2011 at 8:00pm
Army Reservist (CO):
As long as you have a legitimate prescription and use the medication as prescribed, it is not a “drug involvement” issue. Treatment for ADD is a mental health issue under Guideline I (Psychological Conditions). Recommend you read my article on “Mental Health and Final Security Clearances.”
William Henderson on March 1, 2011 at 7:54pm
I had an active ts/sci security clearance with the military and got a general discharge under honorable conditions due to drug use. I have just gotten a conditional offer of employment and have not heard anything negative regarding my background check. The offer is conditional upon having an active security clearance... It is my understanding that I have a current clearance (Was in the military less than 2 years ago using the clearance) so there is no problem for them to reactivate it or look into my discharge and entrance into a VA rehab program... is this correct? Or do I have to resubmit a SF 86 or other information? Will this drug instance prevent me from getting my current clearance reactivated?
LJ on February 28, 2011 at 2:29pm
I recently submitted my sf86 for a DoE L clearance. I have tried marijuana once on new years eve 2010 (14 months ago).
My problem is I mistakenly put 12/10 as opposed to 12/09 accidentally on the form. I received a letter stating that my clearance has been discontinued due to using marijuana within 12 months of submitting the sf86.
I have notified the Facility Security Officer of the mistake. I'm curious what the ensuing process will look like for me? Any insight?
Worried (Baltimore, MD) on February 27, 2011 at 7:05pm
I used marijuana from approximately 1998 until almost a year ago. My use was mostly sporadic, but there were periods during which I used regularly. Now I'm finishing my PhD and have applied for a job that requires a Q clearance. Aside from marijuana use, my background is unblemished. What are the chances that
1) I'll be granted a clearance after one year of abstinence?
2) two years of abstinence?
3) I'll never get a clearance?
Thanks for your help.
jph (PA) on February 25, 2011 at 4:07am
When I was 20, I got an internship with a federal law enforcement agency. I filled out the SF86, and said that I had never used any illegal drug. Truth be told, I had tried marijuana once, right when I got to college. At the time, I hadn't a clue to the gravity of the SF86, I thought I was filling out any old job application (idiotic right?). I left the agency on more than good terms, eventually became a police officer, recently completed my law degree, and am now 28.
I disclosed my single use with the PD, and it wasn't a problem. I am now considering applying for an 1811 job with a federal LE agency and was wondering if I should even bother? Beside the SF86 omission, I am squeaky clean. I would most definitely disclose the incident this time around. Would this automatically disqualify me?
JD (Boston ) on February 22, 2011 at 7:24pm
Billy (cali): Yes
William Henderson on February 19, 2011 at 2:07am
Hi all,
Simple question, at least in comparison to most of the people here. I have a TS. I'm up for periodic reinvestigation. After a conversation with a medical provider at the SRP site, I am considering going through the correct channels to get a prescription for ADD, probably Adderall.
Will a military/tricare prescription for Adderall or Ritalin effect the renewal of my TS?
Army Reservist (CO) on February 19, 2011 at 1:44am
Bill(s) thanks for all you insight and help btw...is your previous sf86's usually looked at during an upgrade of a clearance, ie (secret to T/S, what if the old sf is 4yrs ago? thanks again you guys are great!
Billy (cali) on February 16, 2011 at 11:43am
Frustrated:
In order to have a Facility Security Clearance, your company must have someone designated as the Facility Security Officer (FSO). In small companies it is usually an additional duty.
I can’t say what your company will do in this situation. The Adjudicative Guidelines speak directly to your situation at paragraph 2:
“(e) When information of security concern becomes known about an individual who is currently eligible for access to classified information, the adjudicator should consider whether the person:
(1) voluntarily reported the information;
(2) was truthful and complete in responding to questions;
(3) sought assistance and followed professional guidance, where appropriate;
(4) resolved or appears likely to favorably resolve the security concern:
(5) has demonstrated positive changes in behavior and employment;
(6) should have his or her access temporarily suspended pending final adjudication of the information.
(f) If after evaluating information of security concern, the adjudicator decides that the information is not serious enough to warrant a recommendation of disapproval or revocation of the security clearance, it may be appropriate to recommend approval with a warning that future incidents of a similar nature may result in revocation of access.”
When you report the matter to your FSO, he/she will have to submit an “incident report” to the agency that granted your security clearance. They will probably have you submit a new SF86 and open a limited investigation or a regular periodic reinvestigation (yours is overdue). If you lose your clearance, you are barred from reapplying for a clearance for one year.
William Henderson on February 12, 2011 at 11:35pm
Hello,
By 2012 I will be applying for an Intern based position in the DIA and was wondering about two things. I've socially used marijuana from the ages of 17-20, on and off, never habitually, and have once free based Fentanyl when I was 20. By the time the position I will be applying for rolls around, I will be 22. No charges of any kind, no financial issues. Chances of being denied?
Interested on February 12, 2011 at 1:47am
Mr. Henderson, thank you for your reply. I am a contractor, and my company is very small, we subcontract to another company who owns the contract with the government agency that I work with. I have an appointment with my immediate boss and the owner of the company, and I am very nervous and ashamed, and don't want to lose my job right away if I do at all. But, I have been trying to psych myself up to talk with him. I almost do not want to tell him about the "snorting" part, but, that would be withholding information, and in essence lying.
But, I have an appointment with an outpatient rehab for intake on Tuesday, and will start going Thursday next week. I told my therapist (am already seeing professional help). I told the doctor that prescribed me the meds that I had been abusing them, told him not to prescribe them to me anymore. And, I told my family. Started going to NA meetings, and continue to go to AA.
As far as going to my "security officer." Who do you think my security officer will be? I guess I can ask my boss tomorrow. But, since there is only like 10 in my company, I am likely going to have to talk to him. And, I am so afraid he is going to fire me then.
Anyhow; thanks again, any other thoughts?
This is such an aberration of behavior, but, I know now for sure, not to take anything at all that could even remotely become habit forming or that can be addictive. I am looking forward to rehab (wasn't sure I needed it; but, I WANT it). Thanks again.
F
Frustrated on February 10, 2011 at 6:46pm
A friend of mine smoked marijuana regularly for 1 year in high school, then quit <5 years ago when she realized that she wanted to work for the government. Last year she tried it one time to see if it still held any appeal, it did not. She has no interest in ever doing drugs again, she has never tried any other drug. She has never been arrested for drug use, nor has it ever caused any incidents in her life.
So my question is this, on the SF-86 when asked about prior drug use, if she explains the whole situation above, what are the chances that she is not DQed?
Some Kid (DC) on February 10, 2011 at 2:58pm
I have a question regarding a secret clearance. I'm currently on active duty, reenlisting, and applying for a secret clearance. I infrequently used ecstasy during my first enlistment (approximately 5-10 times over a 3.5 year period). I was young and stupid and have been haunted by that fact. That all happened over five years ago and since I've not touched drugs, avoid drug users, and leave a party or situation where drugs are the minute I realize they're there.
I also went through a messy divorce a few years ago that messed up my finances. My current wife and I have set up payment plans and are working to fix my credit. I am paying off my debts and whenever anything that I didn't realize I owed money on arises, I immediately set up a payment plan to resolve it as soon as I can. After these issues, I've had outstanding marks in service since, been decorated for valor, performed above my paygrade and maturity level, started a family, graduated in the top percentages at courses, and been considered for early promotion on multiple occasions. My question is, how likely am I to be granted a clearance with these black marks in my past?
mike (california) on February 9, 2011 at 8:43pm
Frustrated (US):
The only thing to do is seek professional help--immediately. If there is an Employee Assistance Program available to you either at your organization or through your health insurance provider, go there right away. Then go directly to your security officer and explain your situation. Those are the only 2 things you can do to mitigate your problem.
William Henderson on February 8, 2011 at 8:18pm
stressed (NY):
Probably not. By the time your clearance is finally adjudicated it will be more than a year since you last used marijuana. There are no magic numbers for frequency or recency of drug use. The PERSEREC guidance quoted in the article is not policy. A lot depends on the adjudicator or admininstrative judge and their mindset. (See my post on March 3, 2010 at 1:05 am.) You will have to forswear any future involvement with drugs and be able to articulate your reason for stopping—incompatability with future career, unlawful, unhealthy, etc.—as well as some of the other mitigating factors.
William Henderson on February 8, 2011 at 8:03pm
OK -- clarity returns-- I obviously have not dealt with all these "recurring emotinal challenges." I guess NOW is the time.
But can someone please tell me what will likely happen when I go self-id to my supervisor? I have an appoint with an outpatient rehab on Thursday, my therapist, psychiatrist, family, and friends know this behavior is an aberration, but the federal government is another story. My reinvestigation is coming up soon, and I am consulting a lawyer on Thursday. If I lose my clearance, what is the likelihood of getting it back I suppose is my question.
Any suggestions on how to proceed? What to expect?
Frustrated (US) on February 8, 2011 at 4:48pm
This is more of a question...I have had a TSC for the last 24 years, and recently was prescribed Adderall by my doctor for ADD. Within 2 weeks, I believe I was "out of control." I am a recovering alcoholic with 10 years sober from alcohol, and in the back of my mind I knew it probably wasn't a good idea to take Adderall, but, my doctor encouraged me to try it. I abused it off and on for 4 weeks or so. I am not sure what to do to mitigate any potential damage to my security clearance; I am going to go to outpatient treatment, pick up my 12-Step meetings. I am not sure if I should go self-id or not. Main problem: I didn't only use and abuse Adderall, I snorted it about half the time.
I also have had many traumatic events occur to me in my life which the Feds/Investigation folks have records of (sexual assaults, incest, domestic abuse: I am NOT unstable; I just have some recurring emotinal challenges, which I have successfully worked through. My record is squeaky clean otherwise.
Any suggestions? My last Periodic Reinvestigation was conducted in 2005. Polygraph 2007. I need some help!
Frustrated (US) on February 8, 2011 at 12:15am
Hi Bill(s),
I've recently been offered a job upon graduation from college in may with a private defense firm and will require secret clearance. I have smoked marijuana only a handful of times and that was sporadically throughout college. Unfortunately the most recent of which was 4 months ago, though that was the first time in a year. Will this disqualify me from a secret clearance?
stressed (NY) on February 5, 2011 at 8:57pm
Cyber Security (New York):
If you don’t have to apply for a security clearance for 2 more years, you will have a reasonable chance of getting a security clearance by then if you totally obstain from any illegal involvement with drugs from now on. Tell those who know you use drugs that you have quit. When you are investigated for a security clearance 2 years from now, they will be references who can corroborate the fact that you stopped using drugs and when you stopped. Distance yourself from those who use drugs and avoid situations where drug are used.
William Henderson on January 27, 2011 at 8:58pm
A little more than 7 years ago I was involved in a drug trafficking incident that led to my arrest. The charge was dismissed but there is substantial evidence that I did indeed traffic drugs, specifically marijuana and the lowest amount. That incident changed my life forever and afterwards I was a completely different person.
I've been clean for 6 years but I did pick up a couple traffic tickets (moving violation). I've graduated with honors from a respected university and I'm now in medical school, however I never lost my desire to join the active military.
William or Bill, is there any chance, after more than 7 years of the criminal act, the criminal charge and court preceding, that I have of joining the military while I'm still young?
Long Wait (New York) on January 26, 2011 at 9:31pm
Need Help (GA),
First, you should report this incident to your security officer and keep him/her appraised of the status and results of any court proceedings. You don't want them to find out about this from newspapers or other sources. You may have to undergo a re-investigation of sorts for investigators/adjudicators to collect documents from the police and courts, as well as possibly a personal interview of you. There is a high probability that your clearance will be suspended pending final outcome of the court case and the adjudication. Your actual employment situation will be determined by your human resources policy and procedure. Good luck.
Bill L. (Bowie, MD) on January 21, 2011 at 12:30pm
Hello, I am a graduating senior in computer science with a 3.5 GPA going onto grad school for cyber security. I was offered a department of defense scholarship for my two years of grad school and am really excited because I had wanted to work for the government after I graduate grad school. I also have great recommendations and research projects under my belt.. So this brought up a big problem and is making me worry. I stopped my drug use a few weeks ago in attempt to demonstrate that I have my priorities set and will not alter. I smoked marijuana once or twice a week (sometimes 3 times but not often) for a few months and have tried Esctacy twice. I have no prior drug use other than that. I have no desire to continue either of them. Would I still have a shot?
Cyber Security (New York) on January 21, 2011 at 1:38am
I am a DoD civilian. I completed an SF-85 in 2007 when I was hired, at that time had not used marijuana in over a year and therefore answered no. Since then, have used occasionally starting in late 2007 / early 2008 (6x/year). Most recent time was early November 2010. Now it looks like my job is moving at the end of the summer 2011 (less than a year after last use) and I will have to fill out an SF-85p sometime in the next few months. Am I in trouble?
DoOver (MD) on January 20, 2011 at 10:50pm
Hello William/Bill,
I am a current Graduate student with a year and half till graduation. I am studying Information Assurance and Computer Forensics. In Oct 2008-Oct 2010 I occasionally smoked marijuana, never consistently. I had an eight month break in 2009 which I did not use it. I have been clean since Nov 2010 and have full intent to stay that way until June 2012 graduation. I have no records of any kind. What are my chances in receiving a security clearance in Mid 2012?
I am seeking a position for either the NSA, FBI, CIA, DHS including Secret Service. I understand they each have different requirements as well.
Thanks, Appreciate your responses!
RFJ
RFJ (California) on January 20, 2011 at 2:37am
Help Needed (GA):
Report the arrest to your security manager as soon as possible. Evidence that you did not commit the offense for which you were arrest is a mitigating condition. However, being found not guilty or having the charge dismissed at court is not always the same thing as not having committed the offense. Sometimes people are found not guilty or the charge is dismissed because there is insufficient evidence to prove guilt "beyond a reasonable doubt" (the criminal standard of evidence.
Clearance adjudicators evaluate conduct, not the outcome at court, and they use a different standard of evidence than criminal proceedings. The security clearance standard is “substantial evidence.” This is less than the criminal standard and less than the civil standard (preponderance of evidence). At any rate there is nothing you can do, except report the matter to your security manager. It wouldn’t hurt to write down everything that you remember about the incident while it is still fresh in your mind.
William Henderson on January 19, 2011 at 11:48pm
I am facing a serious dilemma and I was hoping one of you knowledgeable guys could help.
I am trying to reenlist in the Army after being out for 2 years. I have never been arrested or charged with anything, but I did experiment with drugs 5 years ago: marijuana, cocaine, and ecstasy. I have not used drugs in over 5 years.
I want to get an intel MOS which requires a Top Secret clearance. If I admit that I used drugs in the past, not only will the Army not clear me, but I will get kicked out for fraudulent enlistment (the Army is no longer giving moral waivers, so I have to say I never used drugs just so I can even get in). So it seems that my only choices are to either lie on my SF86, or forget about the clearance altogether and pick a different MOS that doesn't require clearance.
What should I do??
Worried & Wondering (NY) on January 19, 2011 at 7:55pm
I currently hold a Secret Clearance with the DoD. First clearance given in 2007 with the private sector and recently received one with the government. This past weekend I was arrested for possesion of a controlled substance (felony charge). I have never been arrested nor was the substance mine. I am currently fighting the case with an experienced lawyer. How does this incident impact my security clearance? What steps should be taken to keep my job and clearance?
Help Needed (GA) on January 18, 2011 at 10:36pm
Hi Bill,
I am currently trying to get a TS for the foreign service. I have a couple concerns.
1) I used marijuana regularly during my undergrad years for 2 years (2003-2004) and once at a concert in June 2008.
2) I lived in Japan for 3 years (2005-2008) and Korea for one (2010). I currently have a fiance who is Japanese and a nurse. I have numerous people who will leave me a happy birthday Facebook message, but only a few foreign nationals I really keep in touch with. Will any if this be a problem? Do I have to list girlfriends as well?
3.) I have about 10 grand in credit card debt with a good chunk of that coming from my international move and getting setup before my job in the us started. I only make 50k a year now, but that will be bumped up to 62 in July. I have only had one thing turned over to a collection agency, my last phone bill before Japan that I thought I paid. I took care of it as soon as I discovered it when I moved back.
4.) When in Japan, I was not liable to pay any taxes, so i did not file. However, I was supposed to, so I hired an accountant to do it for me last month ( before the clearance process started).
Will any of these things keep me from getting the TS?
GAguy (Atlanta) on January 3, 2011 at 1:58pm
BL (TX):
If you are denied a TS clearance, your Secret clearance will be revoked. Go to your security manager and find out for certain whether you held a clearance while in the reserves. This information should be in your JPAS record. If you had a clearance while in the reserves, you will have to answer “yes” to the question about drug use while holding a clearance, but the fact that you did not know you had a clearance will be a mitigating factor. What made you think that experimental use of an illegal drug “did not count?” Your chance of getting/retaining your clearance depends on how plausible your explanations are regarding your misunderstanding of the drug question on the SF86 and your clearance status while in the reserves.
William Henderson on January 2, 2011 at 6:24pm
Bill,
I was in the reserves for 6 years and apparently had a Secret clearance that I was unaware of. When I originally enlisted I guess that I was investigated for the clearance, though I don't believe that I ever had access to Secret information while I was in the reserves. During this time, I was also in college and I experimented with marijuana 5 times total, and cocaine 5 times total as well. It's been greater than 7 years since I've touched any drug and I am looking at a Gov't job requiring a TS clearance.
I am currently Active Duty military and hold a Secret clearance.
My questions are as follows:
-Since I apparently had a Secret clearance in the reserves but no access to Secret information, did I have an "Active" Secret clearance?
-In my last SF86 that I filled out for my current clearance I did not check the "used drugs" box because I was on the understanding that experimenting did not count. Now that it's been greater than 7 years, do I check that box now?
-Does my experimental drug use during this time count as "ever used drugs while holding a security clearance?"
-What are the chances that my request for TS will get denied and my current clearance be revoked?
Again it's been greater than 7 years, I was in my young 20's, and I want to be as honest as possible. I'm worried that because I did not list it on my last SF86 4 years ago that I will get my current clearance revoked or deny my TS that I'm going for.
Thanks very much.
BL (TX) on December 28, 2010 at 8:50pm
David (USA),
In my opinion, there will be a personal interview. Good luck.
Bill L. (Bowie, MD) on December 16, 2010 at 9:14am
I am up for a secret-level clearance. I was arrested twice in 1997/98 for possession of a small amount of cannabis, but have been clean for over 7 years. Do you think they will require a personal interview?
David (USA) on December 14, 2010 at 8:43pm
Jason (NY),
You are correct in saying that listing your drug use on your SF 86/eQIP will probably result in a SPIN and make the case take a little longer. And, a one-time use 13 months ago after years of abstinence may result in a denial of an interim clearance, but should not cause a denial of your final clearance eligibility, Good luck.
Bill L. (Bowie, MD) on December 14, 2010 at 10:15am
Interim Clearance Question,
The answer is yes and no. Adjudicators are very good at putting 2+2 together. However, unless you actually worked for CIA or FBI, those applications will not be collected by the investigators and provided as part of your file. It is very possible that the recency of your last drug use may cause a denial of your interim, but should not cause a final denial of your eligibility. Good luck.
Bill L. (Bowie, MD) on December 14, 2010 at 10:10am
Here's my situation. I never used drugs before I was 23 in 2003. Then I tried it once at a concert. I admitted to it on my SF86 back then and received a secret and later a TS.
Then in the summer of 2009 I was on my first vacation since a nasty divorce and with some very close friends. One of their friends, whom I barely knew, brought marijuana and I tried again. I don't know why. It could have been because I was still curious or I was feeling like nothing could go wrong now that I'd ended 8 years of misery. Bottom line is it was stupid and impulsive.
I admitted to that incident on an SF86 for an SCI. The agency involved denied my clearance under guideline H and J. They claim the bond amendment prohibits me from keeping my clearance. I submitted 15+ character references. They still denied me even though I argued I was not a current user. They claim within one year equals "current". I also have no clue how to argue against guideline J.
Now I'm about to go before an appeals bored and the agency basically told me I'm wasting my time. Am I? I see cases where people get their clearances, but I understand currently holding a clearance complicates things.
I have two questions.
1) Do you think I can win the appeal?
2) Do you think I can get a clearance again once I'm denied and reapply next summer after a year has passed since the denial?
Thanks!
Fessed Up (USA) on December 10, 2010 at 7:27pm
I am applying for an interim clearance for a contract in Iraq. I have used marijuana over a year ago (experimental), on the application I was told to put no to any drug use. However, I have submitted a CIA and FBI applications where I have indicated drug use in the past. Will they be able to access my application information and put 2&2 together?
interim clearance question (midwest) on December 8, 2010 at 4:42pm
I have been offered a job that requires secret clearance. I used Marijuana once about 13 months ago during a stressful time involving the death a family member. That was the first time I had used it in about 8 years since undergrad. Other than that I am clean, no debt at all, no criminal record, etc...
Based on what I have read a couple things seem likely (although clarification on this would be great). First putting this on the SF86 will require a SPIN interview that will increase the processing time. Second, this will greatly increase the processing time and based on the luck of the draw I could get denied clearance ultimately. How much longer will this add to the investigation and are what are my chances of getting cleared. I have told my potential employer this and they say they have enough unclassified work for me to do until I get clearance but I need to the clearance for long term employment. I don't want to make my family move or live apart until the clearance is granted if it is going to be years and or if there is a good chance it will be denied. Thanks
Jason (NY) on December 7, 2010 at 3:01pm
FullDisclosure (IL):
If your investigation includes a PRSI or SPIN, yes. If a PRSI is not require as a normal part of the investigation, a SPIN may be required depending on the recency and extent of drug use.
William Henderson on December 6, 2010 at 4:38pm
Worried in VA (VA):
See my post on March 3, 2010 at 1:19am, particularly the two DOHA case examples involving drug use. Buying in bulk and redistibuting complicates your situation.
William Henderson on December 6, 2010 at 4:30pm
Hi.
I am attempting to join the navy in a few months, I need to work to get my credit score up and get more prepared for bootcamp (I am 31)
I have not used marijuana since August of this year, I would not be joining the Navy until March of '11.
My marijuana use in the past 7 years has been sporadic, my wife and I would purchase a small amount, use it, and then a few months later buy another small amount. This probably occurred 7 or 8 times, but the amount we purchased would last a few weeks of using in the evenings.
This usage never resulted in issues at work or any legal issues.
Would this past usage keep me from getting a Secret clearance? All of the rates I would like require at least Secret.
Thanks.
almost_old_man (usa) on December 3, 2010 at 6:38pm
When I disclose information about prior drug use will I be asked to provide information about who I was with, where I was at and etc?
FullDisclosure (IL) on December 2, 2010 at 9:52pm
Bill/Bill,
Please see questions below... I need to turn in my paperwork soon and I am desperate for a response..
Worried in VA (VA) on December 1, 2010 at 12:41pm
Checkered Record (NJ):
1. Yes, 5 years is long enough.
2. No
3. No
William Henderson on November 29, 2010 at 11:48pm
Hello, and thank you in advance for answering my questions.
I want to apply for a SECRET clearance because of a civilian federal position. My problem is that 5 years ago, when I came back home from Iraq, (I was in the Army Reserve for 8 years) I experimented with drugs for the first time in my life. I was 24 at the time, and in college. I smoked marijuana 4 times, did cocaine about 10 times, and ecstasy twice.
This was within a 6 month period after I returned from deployment, and was all done in a casual social setting, with friends who were also just experimenters (no coercion, no one was an addict, etc.). However, I quickly realized how stupid this was, and I have not touched a SINGLE drug in 5 years, and I NEVER will again. I have a squeaky clean criminal record.
These are my questions:
1. Is 5 years a long enough time for this drug use to be mitigated, or should I play it safe and wait for 7 to pass (presumably then I don't have to list it on the SF 86)?
2. I have never dealt (sold) drugs. However I did purchase a few times. Is this an automatic DQ?
3. Will the fact that I used drugs while I was in the Army Reserve (I was not holding a clearance, nor did I ever use them on duty, nor did I ever fail a urine test) automatically DQ me?
Please get back to me; I am desperate for answers.
Thanks much!!
Checkered Record (NJ) on November 24, 2010 at 5:33pm
Here is my situation about 11 months ago, I tried marijuana for the first time in like 8 years. I had a pre-screen telephone interview for the NSA where I admitted to this which immediately ended the phone interview and they said to reapply after it had been one year. I am now applying for a job that will require me to get a secret clearance. My question is this, should I be truthful on the SF86(I know I should I am asking what if I am not)? Will just this phone interview appear in a background check? Does the NSA keep records of preliminary interviews?
Jeffery171 (Ohio) on November 23, 2010 at 6:46pm
Hello,
I'm 22 years old getting an Masters of Science in Business Administration with an emphasis in Information Assurance. I have a clean criminal/financial record. My only issue has been smoking pot. I started smoking pot in Oct 2008. I used it about 3 times 2008 and used it occasionally Jan-April of 2009, quit for a few months, started occasionally Oct 2009 - Oct 2010. Occasionally like once or twice a month. I quit cold turkey few weeks ago because of a bad experience. I now have a total opposite view of marijuana and have no desire or intention on using it anymore. Projecting to be graduated the summer of 2012 what are my chances of receiving a security clearance granted that I stopped completely and have no other issues?
JF (CA) on November 22, 2010 at 6:21pm
I am trying to get a SF 85 but two years ago I was caught with Marijuana at Detroit Airport coming back from Amsterdam. I paid a fine and was released. I was not fingerprinted or read my rights etc. I am wondering if I can pass the SF85 background? A few times on my way back I was stopped and put thru customs to c heck my bags etc but the last few times I have traveled I have gone straight thru without any problem. Something I would never do again.
Yram Esioul (VA) on November 22, 2010 at 4:18am
Hey, i am currently in process of filling out my SF-86. Until July of 2010 i have held 2 jobs that have both been off the books, i was never offered an option of filing a w-2 etc, i worked these jobs throughout college because of the flexible schedule , would that deny me a clearance? Also Do you list drugs that you have used if they are not considered a controlled substance federally or by your state?
Thank you for the help
yaknow (ny) on November 18, 2010 at 9:37pm
Hi Bill (and Bill),
I currently have an active secret clearance. In March 2010, I tried pot for the first and only (1!) time while on vacation in another country. Fast forward 8 months later, I have the opportunity to accept a new job which require TS. My question is, if I were to apply for the TS, do I have a high chance of getting denied? And if so what would happen to my current clearance?
I just wanted to add some more details regarding my earlier question. I've had secret for 2.5 years straight out of college, I'm 24. I have yet to tell my current security manager of anything. I work for a DoD contractor and the potential future job is another DoD contractor. Thanks.
Singularity (MD) on November 18, 2010 at 7:24pm
Here is my situation...
I am in the process of filling out my SF86 for my security clearance. I have not yet been told whether it will be for a secret, TS or a TS/SCI w/ poly but was told to go back 10 years just in case they put me up for a TS w/poly. I graduated college in May 2007. I regularly smoked marijuana in college until the end of 2006. I would sometimes buy it "in bulk" to distribute amongst my friends. I have smoked probably 5 - 10 times since graduating 3.5 years ago and none in the past 12 months. I have tried msuhrooms 5 or so times (all over 5 years ago). I have also tried cocaine (5 -7 times), All of which were over 2.5 years ago with the exception of once about a year ago.
I am worried about the past drug use but I have only smoked marijuana 5 - 10 times in last 3 years and none in the last 12 months. My biggest worry is having tried cocaine about a year ago.
My criminal and financial records are squeaky clean and I have been working for my new company for about 3 months. My last job was for an engineering firm (3 years) that i started right out of college.
Do you think I will get cleared??
THANKS!!
Worried in VA (VA) on November 18, 2010 at 12:50pm
DoE-TS (MO),
Your stated history of drug use, although fairly extensive and varied, does not seem to warrant a denial of a TS clearance. However, several programs, such as nuclear surety, are “access” programs and have more extensive requirements than TS eligibility. Your history could be a problem when it gets to DoE for review or access determination. I do not know all of their programs/requirements so it would be hard to say what your chances are. Good luck.
Bill L. (Annapolis, MD) on November 18, 2010 at 9:34am
Thanks for your help in advance. A year half ago I graduated with a master's in defense and strategy. I had worked for the DoD at NDU until last summer but did not have a security clearance. I have been looking for work since then and am now considering joining the military and have been seeking out jobs that require receiving a security clearance.
I have used marijuana on 3 isolated occasions in the past. The first time being in fall of 2004 and the last being the summer of 2007. I also on one occasion in the late summer of 2007 sold two of my prescription adderall to someone. I have no criminal record and a clean financial history.
Would I likely be precluded from receiving a secret or higher level security clearance based on this?
JB (Alexandria, VA) on November 15, 2010 at 2:33pm
Have a question about public trust investigations at the NIH.
If I understand this right, I will be filling out an SF85P that asks about 1 year drug use and 7 years of activities for profit. This will require the new MBI. I have not used any drug since about 2.5 years ago and certainly no for profit (mine or others) activities in the 7 year window.
What is the chance that they will look beyond the 1 year use and 7 year window for drug profit activities? I'm wondering if my past drug use before these periods could come up.
Thanks.
Anni (US) on November 14, 2010 at 8:04pm
I am applying to a job with a firm that deals with government contracts. I have been told I will require a security clearance although I am not sure what level. I used marijuana very sparsely throughout college (probably around 10-15 times over the course of 3 years) and most recently used it once 9 months ago. I don't plan on using it again in the future. I have never used any other drugs and have no other circumstances that I foresee being a problem. Do you believe the marijuana use I detailed poses a significant problem to my attaining a clearance, or should I be OK provided I tell the truth? Thanks!
curious (USA) on November 13, 2010 at 1:06am
Heya Will or Bill,
I just got the offer and I was hoping that you guys would take a look at my previous post and let me know if I can consider taking it. I appreciate the response.
DoE-TS (Mo) on November 10, 2010 at 3:54pm
Hi!
I've been working at my Public Trust (5) contracting job for two months now. I think the client likes me, or at least tolerates me.
I have not yet been asked to fill out the e-qip (even though I have my email already), and I'm not pushing for it because... I used marijuana in April (with an acquaintance I am no longer in contact with). It's been once in the past year, but I want to delay the process as long as possible.
Is seven months too short since last use? I'm not a recent graduate, and I sorely regret this decision - I already lost my last job (which needed a DHS clearance/suitability) over it... I will never smoke again. I'm constantly nervous about losing another job and I'd love some input. Thank you SO much for your help.
JD (Portland, OR) on November 9, 2010 at 7:09am
Wilber (Maryland):
I’m not sure how you got that impression. The threshold for declining an interim clearance is much lower than for declining a final clearance, but I’ve heard of many people who have received interim Secret clearances from DISCO even though they disclosed past illegal use of drugs on their SF86. It depends on the level of illegal drug involvement and the recency. When it comes to interim clearances, the really tough issue is mental health counseling.
William Henderson on November 8, 2010 at 11:12pm
Here is my situation...
I am in the process of filling out my SF86 for my security clearance. I have not yet been told whether it will be for a secret or a TS/SCI w/ poly but was told to go back 10 years just in case they put me up for a TS w/poly. I graduated college in May 2007. I regularly smoked marijuana in college until the end of 2006. I would sometimes buy it "in bulk" to distribute amongst my friends. I have smoked probably 5 - 10 times since graduating 3.5 years ago and none in the past 12 months. I have tried msuhrooms 5 or so times (all over 5 years ago). I have also tried cocaine (5 -7 times), All of which were over 2 years ago with the exception of once this past February (about 9.5 months ago).
I am worried about the past drug but I have only smoked marijuana 5 - 10 times in last 3 years and none in the last 12 months. My biggest worry is having tried cocaine 9 months ago.
My criminal and financial records are squeaky clean and I have been working for my new company for about 3 months. My last job was for an engineering firm (3 years) that i started right out of college.
Thoughts/Advice??
THANKS!!
Matt (Virginia) on November 8, 2010 at 6:22pm
Paranoid (DC),
I do not think 2-time use will prevent you from being hired or receiving a Position of Trust clearance. Good luck.
Bill L. (Annapolis, MD) on November 8, 2010 at 4:33pm
Clearance Hopeful (IL),
I am not well versed in DHS adjudication but I do not see this incident preventing you from being hired or getting a clearance. Good luck.
Bill L. (Annapolis, MD) on November 8, 2010 at 4:31pm
Henry (Chicago),
If you have been clean for 3+ years, I do not see a problem being granted a TS clearance. Good luck.
Bill L. (Annapolis, MD) on November 8, 2010 at 4:29pm
This is a follow-up, as I've read through this entire thread and it appears like DISCO will immediately bounce back any "yes" answers on the drug section and I know that the contractor will rescind the offer.
Is that correct?
Wilber (Maryland) on November 8, 2010 at 1:45pm
Hey Bill,
Thank you for sharing such useful information. I am a recent grad, and after 8 months of job search, I received an offer to work as an analyst on a government contract. I need Public Trust clearance in order to begin my position.
I filled out the SF-85 form through e-qip online and I am being paranoid that I used Marijuana twice last december, to experiment, before I graduate college. I have only used it twice in my entire life, have a spotless financial & criminal background. I know it would take a few days because I travelled to India three times in the past 7 years. I would really appreciate your help.
Thanks
Paranoid (D.C) on November 3, 2010 at 11:19pm
Hey Bill,
I am recent graduate and after 8 months of job search, i received an offer to work as an analyst on a govt. contract in DC. I filled the SF-85 form through eqip online and i have a clean financial & criminal background. However, i used marijuana twice last year in december, wanted to experiment. I am now paranoid that i might get denied even though i wrote a comment that i have only used it twice in my entire life.
Its for public trust clearance and some people said that they only check financial, criminal and employment activities. I would really appreciate your help. Thanks.
paranoid_applicant (D.C) on November 3, 2010 at 3:25pm
I am applying for jobs that will require me to obtain a confidential or secret clearance. I was arrested in Dec 2006 on 2 felony drug charges. I was accepted into a drug treatment program for a year and graduated. I have since refrained from using drugs and can pass a drug test no problem. Would this prevent me from obtaining clearance? I also have a significant amount of debt and see a therapist once a month for the past year after coming out of a toxic relationship. This makes me sound awful but I really am a stable person! Should I even attempt to obtain clearance or is it a lost cause?
Anonymous Lucy (Alabama) on November 2, 2010 at 9:13am
Hi Bill. I have a question regarding the probability of getting a security clearance with DHS (I am applying for a position as a Border Patrol Agent). I am 22 years old and I have never used any type of illegal drug. However, during my freshman year of college, my friend and I were visiting a mutual acquaintance at her dormitory. When we arrived there, she was visibly disturbed and told us she was afraid her RA would "raid" her room for her marijuana. She asked us if we could take it out of her dorm, so I took a small bag containing the drugs and paraphernalia and brought it across campus to my friend's dormitory, where we left it. I'm not sure what happened to it afterward. Anyway, this is my only personal encounter with illegal drugs, but I think it qualifies for section 23c on the SF-86. Besides this, I also have a ticket for underage drinking in college. Do you think these factors would likely prevent me from getting a clearance? Thanks.
clearance hopeful (illinois) on November 1, 2010 at 7:32pm
Hi Bill,
I am filling out my clearance form for TS clearance which would begin processing end of Nov if I get selected for the job. I'm currently 30.
Looking back at the past 7 years, I used pot sporadically/experimentally, 3-5 times year, at parties, social situations, between 2003 and 2005.
Between 2005 and 2006, use was frequent, and between 2006 and 2007 use was regular. During the 2005 and 2007 period, I was also buying the pot.
The 2005-2007 period happened while I was dating and living with a pothead (toxic relationship, yes). We broke up in 2007, I left for graduate school, and moved away to another city/state.
I've been clean since that time. But I'm worried especially because I was purchasing during that time in addition to using the stuff.
How do you think they'll look at all that activity?
Thanks for your advice!
Henry (Chicago) on October 27, 2010 at 10:02am
Secret Investigation (california):
No. The standard NACLC investigation used for Secret clearance for military personnel does not include reference interviews. Only if the NACLC is expanded due to derogatory information is there a possibility that references might be interviewed.
William Henderson on October 26, 2010 at 7:11pm
Do investigators contact your references for a Secret clearance. I'm wondering if I should tell the people I put them down and that they might be getting a visit or not bother if their not going to be talked to. If joining the army and need a secret clearance if that matters.
Secret Investigation (california) on October 26, 2010 at 1:53pm
Heya Bill,
I have an opportunity to get a job with a defense contractor and I need to obtain a DoE TS clearance. When I was a Junior in high school (2005-2006 I don't remember the year exactly) I tried heroin once. I also tried two different kind of pills (xannax and vicodin) that I didn’t have a prescription for in 2004-2005. I tried mushrooms once in 2005-2006. Then I smoked pot maybe 10 times in high school 2004-2007 and then another 5 times in college 2007-2009. However it has been over 12 months since the last time I have done anything. I think the last time I smoked was the summer of 2009. So maybe 15 months ago. I am concerned on passing on other job offers if I will be denied a clearance.
I no longer associate with the kids from high school. I was never arrested for anything, just a few minor speeding tickets, and my financials are pristine.
Thanks
DoE-TS (Mo) on October 26, 2010 at 8:52am
Tobalt (USA):
Probably not. Although Guideline E (Personal Conduct) of the Adjudicative Guidelines list “association with person’s involved in criminal activity” as a potentially disqualifying condition; I never seen a written case decision where association with a person involved in occasional low-level recreational use of marijuana resulted in a clearance denial or revocation when no other issues were present.
In fact I’ve never seen a case where this was the only issue. This is probably because this potentially disqualifying condition is based on the possibility that the clearance applicant might be influenced by the other person into participating in criminal conduct.
William Henderson on October 21, 2010 at 12:01pm
j.wong3250 (San Diego),
Typically, adjudicators look at a period of at least 1 year since the last drug use before considering a clearance. The time/place of the use is not always relevant. Your stated use does not seem to fall into the frequent or regular user level, so I think 1 year would be a fair time to pass. However, since you just started using marijuana this year, this appears to place your maturity and judgment into question. In my opinion, you would have to wait a minimum of 1 year.
Bill L. (Annapolis, MD) on October 19, 2010 at 11:58am
Tobalt (USA),
You pose an interesting situation – how one person’s conduct affects a cleared individual. You can not control another person, including a spouse or your children for that matter. Only you and the other person in the relationship can evaluate your relationship – where it is going, common goals, etc.
Normally, questions do not arise about other people in your life, except as how they relate to placing you under duress, subject to coercion, etc. If the other person is a casual user, it will probably never surface. However, if the other person is addicted, involved in distribution, or has a police record, their involvement could be a problem for you.
Also, if you are submitted for SCI and undergo a polygraph, information about your relationship would be discussed. I recommend you evaluate your relationship and the risk to your clearance/job. Good luck.
Bill L. (Annapolis, MD) on October 19, 2010 at 11:51am
Bill, or William.
I am currently being convicted of using "spice" which is against the USMJ and I am possibly facing an other than Honorable Discharge or a Dishonorable Discharge. When I was joining the military the recruiters new I had a smoking issue. And they told me to lie, as they have done for many and many of people.
I wasn't clean until about 2 weeks before I left for bootcamp. I am more than likely going to try taking this to the Supreme Court. There are too many people. Like me that have a drug problem that are being let into the military being told to lie. I can get some on my case as well... So I have now been in the military now still addicted to drugs. My bank shows my addiction. I don't believe I deserve an Other than Honorable Discharge due to the fact that my integrity was already ruined from the very get go, when my recruiters told me to lie. Should I continue?
Me (Sacramento) on October 18, 2010 at 12:35pm
I came up positive for marijuana use in august of 2000 while serving in the U.S Army. I received a General under honorable conditions discharge and had my security clearance revoked. I am currently applying for a security clearance for a job overseas. I have worked for the department of the army for the past 4 years. I have not been in trouble or used drugs for the past 11 years. Can I get a security clearance? I am currently filling out my SF86 and I will admit everything.
Mickey (New York) on October 18, 2010 at 11:15am
Hello,
I currently hold a clearance, and have held one for seven years. I have never done any drugs in my lifetime, and had a question. If I were to enter a relationship with someone that does pot a couple of times a year (and I would have every intention of keeping myself clean from that substance) am I liable to lose my clearance? Thank you
Tobalt (USA) on October 17, 2010 at 1:21pm
Hi Bill,
I am a recent college graduate, and I have a job offer for a company that requires a Top Secret level clearance. The job itself is not a government job, the company just deals with sensitive information. I was told that I would need to take a polygraph test in order to obtain that clearance. Right now the main issue I have is mainly drug use. I have no problems with financials.
As a college student I experimented with drugs, (only marijuana and ecstasy, absolutely nothing else). Naturally I've drank alcohol, but I have never been an alcoholic or abused alcohol. Likewise with Marijuana and ecstasy. I have taken ecstasy several times, once again never abused it, and I have never used it ocassionally (I've probably taken it on 7-8 separate occasions), but this was spread throughout 3 years in college (I have not taken it for 6 months). As of now, since I have finished college, I've completely stopped taking ecstasy and don't intend on using it again. As for marijuana, I only started using marijuana this year kind of as experimentation (starting in May), mostly used once in a while (once a month, I had insomnia, so I sometimes took it to help me sleep), never became an addiction and I have not taken it in 3 months (since I've moved back home), this too I intend on never using again.
What are the chances of me getting a TS security clearance, for a non-government job? I know that with the security clearance the time that one has been "clean" definitely factors in (5+ years). But as a recent grad, I haven't had the luxury of having 5+ since my college days (which was only a few months ago). Do you know if me being a recent grad would and the time duration that I have not used any drugs would mitigate the drug factor?
Thank you.
j.wong3250 (San Diego) on October 13, 2010 at 5:05am
I Want A Job,
First, let me commend you for your mature way of addressing of your situation. If you continue to be clean and avoid drugs, I think you will get a clearance. In my opinion, your past use of drugs is not extensive enough to result in a clearance denied. Good luck.
Bill L. (Annapolis, MD) on October 12, 2010 at 10:26am
Help Me (Wash),
DO NOT LISTEN to your recruiter. When you sign the Certification of a SF 86/eQIP, you are stating that the information on the form is true and complete. Falsifying information is the best way to get your clearance denied. If you join the military, once you are on your way to basic training, report your recruiter to the DoD Hotline at 800-424-9098. If you had a witness to his/her coaching, all the better. Although your drug use was somewhat extensive in high school, if you have been clean for 2 years, I think you have a good chance at being granted a clearance. Good luck.
Bill L. (Annapolis, MD) on October 12, 2010 at 10:22am
123 (US),
The longer you wait, the better your chances. You can be sure that you will be required to sign a statement that you intend on refraining from any future involvement with drugs and association with those who use drugs. Most intel community agencies (those who require TS/SCI) already require random drug testing. Drug use is looked at as to when, where, how often, your age at the time of use, so college use is not necessarily looked at differently than post-college use. Good luck.
Bill L. (Annapolis, MD) on October 12, 2010 at 10:13am
Hi Bill,
I am graduating from college in March 2011 and am considering applying for Intelligence (entry level) positions at the NSA, DIA, etc. I received an "Attempted Drinking" charge while in high school (I was under the age of 18 and it has since been sealed/expunged). I tried cocaine once at the very beginning of my freshman year of college. While in college, I have occasionally used marijuana (mostly May 2009 through December of 2009).
I have recently gotten completely sober (cutting out alcohol as well) and am in AA (therefore, I am not going to touch drugs or alcohol anytime in the future).
My question is how likely am I to be denied a security clearance due to these past indiscretions? Will my recent and continuing sobriety count for anything? I would appreciate any and all advice!! Thanks
I want the job! (USA) on October 10, 2010 at 12:01am
I am looking to join the army reserves and have settled on 2 jobs both requiring security clearance; one confidential the other top secret.
My recruiter told me to lie about my drug history because I have never been arrested. I don't feel comfortable with this for good reason.
Basically I smoke marijuana a couple of times 2 years ago, and I had experimented in drugs about 7 years ago (I was an idiot minor).
In high school I used marijuana frequently, used speed occasionally for about a 6 month period, used ecstasy 2 times, used cocaine around 10 times, and used acid and magic mushrooms each once. I was going through some rough family things and got mixed in the wrong crowd.
What are my chances of receiving either clearance?
Help me (WA) on October 5, 2010 at 5:50pm
Bill. Thanks.
So if i wait till its been 11 months or a year since Amsterdam till i submit my sf-86 I should pass?
Also i would be willing to sign a statement saying i would never use drugs again and would be willing to undergo random drug tests ... would that help me out at all?
Some more info about me is that I am currently in college, do they look at drug use in college different than use after college?
123 (us) on October 5, 2010 at 4:13pm
Stella (TX),
In my opinion, baring any other issue, your arrest 5 years ago should not result in a clearance denial. The process will be looking at the police and court records, as well as your compliance with all court-ordered requirements. Good luck.
Bill L. (Annapolis, MD) on October 5, 2010 at 12:26pm
123 (US),
Your last drug use will be an issue. But by the time the investigation is completed and gets to the adjudicators, it will probably be 1 year since your last use. However, intel community agencies also look at what skills you bring to the table. So if your skills are in demand, your drug use 9 months ago might not end in a clearance denial. Let the process run its course and stay clean. Good luck.
Bill L. (Annapolis, MD) on October 5, 2010 at 12:22pm
The last time i used marijuana in the US was nearly 3 years ago. I used only 10 times total. Additionally I used marijuana in Amsterdam 9 months ago. Although this use of marijuana in Amsterdam was legal, will it cause any problems if I am going for a TS/SCI w/ Full scope clearance?
I plan on being completely open and honest and openly admitting my use of marijuana in Amsterdam. I do not see anything else in the SF-86 that would be of any concern.
should i wait till one year since Amsterdam?
123 (us) on October 2, 2010 at 4:35pm
I am now working on my PhD and might be applying for a job which requires a level Q clearance for the DOE. I haven't smoked marijuana for 4 years now. However, during my early college years I smoked marijuana daily. Could this be a dealbreaker for me?
Electron Guy (Austin, TX) on September 29, 2010 at 8:37pm
I was arrested and convicted of 5 felonies on drug charges over 5 years ago. Will I be denied a secret security clearance? It was my first offense and I don't do drugs.
Stella (Richmond, Tx) on September 27, 2010 at 2:25pm
Sean (TX),
It is rare for the Army to discharge someone for lying about a few uses of marijuana. It is even rarer for the information on a SF 86/eQIP to be compared to your enlistment contract/physical forms. If you had used a couple of hundred times, attend rehab, etc, then it might be a problem. The point is to be honest now. If you complete a SF 86/eQIP, complete the form honestly. In my opinion, a few uses of marijuana prior to entering the service should not result in a clearance denial. Good luck.
Bill L. (Annapolis, MD) on September 23, 2010 at 10:39am
Great info!
I have to apply for a secret security clearance for a special forces unit of the army (I'm a medic in the reserves right now) and I'm worried because when I first enlisted I was foolish and listened to my recruiter and lied about a possession of marijuana charge. I did tell the army about it but the details were wrong, I told them we were in my friends car when I was arrested and that I had never used drugs.
The truth is that we were in my car and I have smoked weed a few times.
Is there a way for me to come clean and tell them what really happened without getting a fraudulent enlistment and still getting the secret security clearance?
Or am I'm stuck and will I just have to continue my lies and hope they don't find all the specific details if I want to make it in special forces?
P.S. I don't want to lie, I'm a better person now with morals but I don't want to get kicked out of the army, and I really want to get my secret level clearance.
Please, if someone could give me advice, I would greatly appreciate it. Thank you
Sean (Houston, TX) on September 22, 2010 at 12:43pm
College Regrets (AL),
I think you can crank down your worry index a little. To misquote a movie I recall seeing: “when I was a child, I thought as a child - when I became an adult, I thought as an adult”. Taking your story a piece at a time, I think you can stop worrying about the marijuana use. Six years since your last use is a pretty good indicator that you do not intent to use in the future.
I encourage you to answer the questions honestly on the SF 86/eQIP. There are no questions regarding liberal thinking/opinion, as long as you were not a member of an organization with questionable goals. Even if references state they have reservations about you because of your youthful discussions, I believe they are mitigated as your right to have and express opinions. As long as you were obeying federal and local laws and took no actions to prevent others from exercising their rights, I see no problem.
Intel community agencies may dwell on this area more than basic DoD and other federal agencies, but in my opinion, you should not be denied a clearance. Good luck.
Bill L. (Annapolis, MD) on September 21, 2010 at 8:44am
B,
Sorry to go Dr. Phil on you, but, what the hell were you thinking? It is apparent from your scenario that you are not an immature teenager experimenting with pot. If you quit amphetamines 20 years ago, I suspect you are a 40-something adult. However, since you stopped marijuana “only just recently”, you are probably a long-term user of illegal substances, as well as someone who deliberately falsified his/her SF 86/eQIP. In my opinion, you will not (and should not) be granted a security clearance.
Bill L. (Annapolis, MD) on September 21, 2010 at 8:29am
worthtrying? (virginia):
It depends on how valuable your time is and how important the secuity clearance is to you. I rate your chance of getting a clearance as poor, particularly because of your statement "Had no intention of ever obtaining a security clearance until recent business developments," but that's just my opinion based on reading hundreds of case decisions. There are adjudicators who are exceptionally lenient in their interpretation of the Adjudicative Guidelines. Sometimes it's just the luck of the draw. For example see my post on January 23, 2010 at 7:13pm regarding the DOE case involving drug involvement and falsification.
William Henderson on September 20, 2010 at 9:56pm
I will try to make this quick: I have been on a contract for approx 2 years pending my suitability determination.
- I filled out my SF86 initially but shortly thereafter received a DWI charge which I disclosed in my interview.
- Since I have satisfied all areas of the 5 tickets I was initially charged with- (3 nolle pros.-1DWI PBJ-1 failure to obey lane) I completed all probation and necessary fines etc and the cases are closed. Accepted responsibility.
- During my probation period I was pulled over 7 days following taking my teenage son to a detox center (he has a severe addiction problem) and unknowingly to me he left paraphernalia and a container in my console to which I opened directly in front of the officer and was charged with possession. I do not use drugs and it has been a tough go with my son (5 rehabs centers in 3 yrs).
- My son unfortunately for him was known to the courts, but fortunately to me was helpful in that the case was nolle pros.
However, I was required to report this to my probation officer and go to court for a possible violation. They dropped the case based on the nolle pros.
- I received a letter from the security office stating that during my background investigation for suitability they revealed my arrest for DWI and the related tickets. They were requesting proof that all tickets have been resolved from the court. Nothing referencing the other. (possession charge)
Do I report this now or wait? I do not want to hide anything, I just fear that the combination of the two may hurt me terribly and that if I provide what they need and am approved, then I can address following? In other words should I offer more than what they are requesting at this point? I have only days to respond.
East (East Coast) on September 20, 2010 at 9:48pm
B (Doesn't want to say):
Using marijuana for pain relief is a reason for use, not a mitigating condition for either drug involvement or falsification.
William Henderson on September 20, 2010 at 9:34pm
College Regrets (Alabama):
Your political beliefs should never be a security clearance issue. The only time political views become an issue is when one advocates unlawful action to alter the US Government (sedition). You have a constitutional right to advocate the adoption or repeal of any law. It would not be proper for an investigator to ask you about your lawful political speech. They can only ask about your actions and unlawful speech. To permit government agents to question applicants about their lawful political speech and beliefs, would create a “chilling effect” on the exercise of constitutional rights.
The drug use question on the SF86 is limited to 7 years regardless of the clearance level. That does not mean that an investigator can not question you about earlier drug involvement. I seriously doubt that simple use of marijuana that occurred 6 years ago would result in the denial of a security clearance or SCI eligibility.
William Henderson on September 20, 2010 at 9:29pm
OK, I have quite a different situation. I answered no to the question regarding any use of illegal substances since the age 16. Now, I am in the adjuticative process, and they have uncovered that I admitted to using marijuana, amphetimines and prescription drugs during their medical history investigation. I am now being asked to explain why I answered no, to justify why I stated no, whether I still use marijuana, (I stopped only just recently, but do not intend to continue, I used it for pain relief). I honestly do not remember abusing prescription drugs. I stopped using amphetimines over 20 years ago without any treatment.
Do I have a leg to stand on in the mitigation process, and what else should I do? Thank you for any help you can provide.
B (Doesn't want to say) on September 20, 2010 at 1:16pm
First off, great forum and information. I don't mean to rehash covered topics, but my question specifically refers to TS/SCI.
At the end of high school and the beginning of college I started hanging out with the traditional "wrong crowd" and using marijuana. Use was inconsistent and social, but continued through the first year of college. Partly due to grade concerns, I re-evaluated my situation and moved out of the dorms and this lead to a change in crowd. Over the next 2-3 years use tapered off sharply(a couple times a year), with a final official decision to cease use in (approximately) 2004 in anticipation of graduation. I have not used since, nor do I plan to use in the future. I was never arrested or charged in any way, so there is no legal record.
I am now being sponsored for TS as part of a job as a contractor; and the use falls possibly within the 7 year period. (is it a 10 year period for TS?) It is my primary factor of concern; as a college graduate I have student loans, and some credit card debt, but all accounts are in good standing. I have no criminal record. I am concerned about disclosing the use, is it likely to disqualify me from getting an interim or ts clearance?
Additionally, semi related issue, depending on the level of interviewing, it is likely to become obvious that, although I am a loyal American, I am also a somewhat liberal and opinionated American. For instance I support legalization of MJ, and was opposed to Iraq. My cessation of use is out of a general respect for the consequences to my person(cost/benefit analysis), and a general lack of desire to continue to use. If asked, under polygraph, I am unsure I can indicate anything else if asked. I bring this up because in the course of interviews, my liberal viewpoints might come up. (I in no way seek to undermine the security of this country, and have done nothing except mild political debate) Is this likely to be an issue? Should I indicate this somewhere?
Its possible that I am borrowing trouble, but having lots of anxiety about this. The liberal attitude / expression mostly occurred in college, I have started to mellow a bit with age, but if you asked someone that knew me 3-4 years ago how I felt about Iraq or drug criminalization, well....
College Regrets (Alabama) on September 19, 2010 at 3:39pm
Great forum. Here's my situation. Smoked marijuana in a social situation in July. Had not previously smoked in at least a year and had used ~ 5 times over the past 4 years. Used marijuana frequently from 1995-2000 and stimulants occasionally over the same time period. Convicted of drunk in public Sept 2007 and DUI 2002. Financial, references, employment history, etc are otherwise excellent and several long term character references are TS/SCI cleared (if that matters).
Had no intention of ever obtaining a security clearance until recent business developments. Chances for a Secret initially and ultimately TS/SCI? Am I wasting my time?
worthtrying? (virginia) on September 15, 2010 at 9:23pm
Ted (VA),
In my opinion the 3-year lapse since your last drug use should mitigate the issue. Good luck.
Bill L. (Annapolis, MD) on September 14, 2010 at 11:41am
Worried (VA),
First, I always advise individuals to complete employment and security forms accurately and honestly. As for your drug use, it seems to be minimal enough that it should not be a great problem. There is no agency that I am aware of that would even offer the possibility of asking for a hair sample, only urinalysis. The firing in 2005 should not be a problem. The GNC “under the table” job should not be a problem as no investigator I know of would push you to submit an amended tax return nor would they provide this info to the IRS to investigate the GNC owner/manager. Good luck.
Bill L. (Annapolis, MD) on September 14, 2010 at 11:38am
Worried (VA):
Based on the information you provided, I think you will probably be granted a final security clearance. An interim clearance is more questionable. The employment problems appear to be pretty minor. The drug issue is more important. If your employment offer from the government contractor was not contingent on getting an interim clearance, they should be willing to keep you until the final clearance is adjudicated. I've never heard of DISCO/DOHA requiring any scheduled drug testing, but they can grant a clearance with "conditions." It wouldn't hurt to indicate your willingness to submit to drug testing (at your own expense) along with the "statement of intent."
See my post on March 3, 2010 at 1:19am, particularly the two DOHA case examples involving drug use.
William Henderson on September 12, 2010 at 4:36pm
Is it likely to that it would be mitigated if I used drugs while possessing a SECRET clearance while in the military 7 years prior.....and 3 years being the most recent usage? (cocaine, ecstasy)
Ted (Virginia) on September 10, 2010 at 11:42am
I think I miss wrote one of the sentences in that last post
I meant to say "as well, could I opt into taking a monthly hair sample drug test payed by me for the next couple of years so they have proof I am not, and will never take the drug again? "
I am planning on getting married soon and there is no chance in hell I would put my job at risk over something like marijuana, something I did not realize in college.
Worried (VA) on September 6, 2010 at 9:32am
Ok here is my situation, I recently graduated from college in May '10 and I am applying for a Secret security clearance for a government contractor are there are 3 things that have me concerned.
1. I tried marijuana five times throughout college the most recent being in February 2010 (7 months ago) at a graduation party.
2. In 2006 I worked under the table at GNC for a month working part time, I made about 1000ish dollars, the manager told me up front on my first day 'do you want to work under the table you will save yourself some money'
3. I got fired from a job in 2005 for browsing on the web (not porn just looking at video games)
My financial and legal records are both spotless.
As far as the drug use goes, It was in a social situation at different parties and I have not made any contact with any of the people who I smoked the marijuana with. In addition I am willing to sign a statement of intent that I will never use the drug again, as well, could I opt into taking a monthly hair sample drug test payed at my expense for the next couple of years so they have proof I am not, and will never take the drug again? This was a stupid mistake I made in college without thinking of the repercussions it would have later in life.
Since the 2 job mishaps (getting fired / paid under the table), I have held the same job for 4 years through college and quit when I was recruited by the government contractor my employer has stated that I was his best employee.
Worried (VA) on September 6, 2010 at 9:24am
Kicking Myself and Now What:
I have seen cases where security clearances were granted in situations similar to yours, but I've also seen them denied. See my post at March 3, 2010 at 1:19am and the one at January 23, 2010 at 7:13pm.
Now What:
Because of the "2 year break-in-service" rule, your prior clearance can no longer be reinstated. You will have to go through the process for a new clearance. Your chance of getting an interim clearance is poor. There is a possibility that you could be granted a final Secret clearance, but it's only a possibility.
William Henderson on September 3, 2010 at 4:12pm
Kicking Myself (San Francisco):
Unfortunately, for most Public Trust positions agencies use the suitability criteria at 5 CFR 731.202, not the “Adjudicative Guidelines for Determining Eligibility for Access to Classified Information.” 5 CFR 731.202 lists specific disqualifying factors and additional considerations (conditions that could aggravate or mitigate the disqualifying factors), but there is no mention of a “whole person” evaluation.
The recommended periods of abstinence mentioned in this article come from the Adjudicative Desk Reference, which was written to supplement the Adjudicative Guidelines, but is not official government policy. The actual Adjudicative Guidelines don’t define frequency of drug use or specify any periods of abstinence.
William Henderson on September 3, 2010 at 3:52pm
Terrible Mistake:
You are required to immediately report to your Facility Security Officer (FSO) that you were cited/charged with the 2 offenses. You should give your FSO a written explanation of what happened. Your security clearance may be suspended, pending an investigation and a final decision to “continue” or revoke your clearance.
You have a chance of retaining your clearance, primarily because you claim you did not use the marijuana. Failure to report this incident to your FSO will only reduce your chance of retaining your clearance later. Failure to be completely honest about the circumstances surrounding your possession of marijuana will also reduce your chance of retaining your clearance. I recommend you immediately seek professional mental health counseling. If available, use your company’s Employee Assistance Program.
I question your attorney’s opinion that a conviction will make your situation worse than a dismissal of the charges. Security clearance adjudicators evaluate conduct, not necessarily the outcome of some court proceeding. You illegally possessed marijuana. It really doesn’t matter whether the charges are dismissed because of some legal technicality. Very, very few people are arrested for illegal drug possession the one and only time they possessed any. The burden of proof will be upon you to pursuasively show that this is what happened and that you have not use any marijuana.
William Henderson on September 2, 2010 at 8:33pm
@ the experts: Here is my situation, I wonder what advice you can give me.
I served in the military IC 02-08. Great service record, honorable discharge, blah blah blah. previously held Secret/TS SCI both adjudicated in '03 between my discharge from active duty (08) and this past Mar (college) I used MJ occasionally, and was ticketed by a local LEA for possession in March (10). This was a petty offense under state law, and classified as an unclassified municipal offense, and so was not listed on my job app (misdemeanors/felonies only). Offense also doesn't show up on background check/nics etc. My latest use was Apr of this year, and since that time i have abstained, which I intend to continue doing, disassociated, moved out of state, etc.
I have received a job offer at the secret level.
My concern is as follows: I do not want to accept a job for which i am unqualified (based on clearance contingency- job is at Secret level), but since I was unemployed/unaffiliated with the FedGov during the time of use, i am unsure whether my clearance will be totally reviewed or not.
I assume this is something that I should bring to the immediate attention of my new security manager; what do you think is the most intelligent way to proceed?
Would this be looked at as an incident report on an existing clearance, or will my would-be employer be trying to get me an all new clearance? In that case, what are my chances of adjudication? My reading here leads me to believe that interim granting seems unlikely.
Thanks in advance
it is what it is
Now What (CA) on September 1, 2010 at 11:10pm
Fred:
In addition to the current SF85P, the words, "for your own intended profit or that of another?" appears at question #24c of the September 1995 version of the SF86, which was superceded by the July 2008 version. The July 2008 version of the SF86 is the current version (for at least a few more months). Some agencies did not start using this version until several months after it was implement. In the last paragraph of the above article there is a link to the SF86 posted at the OPM website. Check out question #23c and you will see that the wording of the question changed.
William Henderson on September 1, 2010 at 4:40pm
Is it possible to mitigate having used drugs while possessing a SECRET clearance while in the military 7 years prior.....and 3 years being the most recent usage? (cocaine, ecstasy)
Sorry, let me rephrase. Is it likely that it would be mitigated?
Ted (Virginia) on September 1, 2010 at 7:54am
I was offered and accepted marijuana in April by an acquaintance, and smoked twice. I am now waiting to hear back on my public trust clearance. The adjudicative guidelines say that "experimental" use is generally mitigated after six months of abstinence, but it's only been 4.5 months for me. I have an otherwise clean record--absolutely nothing wrong, not even in the credit department. I was totally honest on the e-qip form and stated I have no intent to use marijuana again and would be willing to sign something to that effect. I understand it's supposed to be a "whole person" evaluation. What do you think?
Kicking Myself (San Francisco) on August 31, 2010 at 6:37pm
Actually, the "for your own profit or for that or another" appears on the version of the SF86 that I have filled out for a non-DOD organization. This is a new edition; I first saw it in late 2009.
Fred on August 31, 2010 at 4:07pm
Contractor Job (USA),
Technically, your clearance became inactive 2 years and 1 day after you separated in 2007. Whether you are up for a Secret or TS, the investigation will require a personal interview which prolongs the investigation part of the process. In my estimation, baring any other issues (financial, criminal, etc), the investigative time is taking from 60-90 days for Secret and 90-150 days for TS. Then the case goes to the adjudicators. Good luck.
Bill L. (Annapolis, MD) on August 31, 2010 at 12:34pm
One last follow up! Any estimate on how long this type of investigation takes given these circumstances? Is it as long as an initial investigation?
Contractor Job (USA) on August 30, 2010 at 2:39pm
Bill or William, please respond to my earlier comment. I'm very anxious to get a response. This is what I said :
I am majoring in information assurance and want to work for the NSA upon graduation. I have a number of issues in my past, notably a suicide attempt (not really serious, more like attention seeking) at age 15, a diagnose of bipolar which is controlled by medication and I have had no incidents related to it, and past drug use. I used a variety of drugs regularly before voluntarily seeking treatment which i successfully completed about 2 years ago. Since then I have smoked marijuana 2 times (do not intend to ever again) and i still drink infrequently. My psychiatrist has told me he does not believe I am or have been addicted to drugs or alcohol and it has been 6 months since last use of marijuana and 2 years since last use of anything else. I will be graduating June 2012, what are my chances of getting a clearance and hired by the NSA assuming i have no drug use between now and then, am fully committed to not using drugs, have no mental health issues and have the support of my psychiatrist? Or should I just change majors now?
Thanks a lot
infosec (michigan) on August 30, 2010 at 12:55pm
Fred:
The question you are referring to appears on the SF85P for Public Trust positions, not on the SF86 for security clearances. My interpetation is that question #21b on the SF85P does not apply to people who illegally purchased drugs only for their own use.
William Henderson on August 28, 2010 at 3:51pm
Hello, First I'd like to thank you for this BLOG and the detailed answers you have provided. It has been very informative. I'm in a jam and I wanted to get your advice on how to proceed. Background: 20 years experience in engineering, the last 9 has been for two defense contractors. 2001-2004 building a national security networking system that was successfully deployed, and 2004 to present as a contractor on the Govt. side for the military branch to manage, design, develop and deploy next generation and follow-on to the system I had built previously for DOD. I've helped save the DOD millions of dollars from misunderstood system requirements and assuring that contractor did the work that had been scoped.
I currently hold an active secret clearance since 2002 having been Interim for a few months before since 2001 when I first started as a defense contractor.
Current Situation: I was recently given notice mid June that, as the system is close to completion and recent DOD funding shortfalls, my DOD contract would expire at the end of the current fiscal year. Although I had anticipated this to a certain extent, I went into a depression that I have never gone through before. I considered myself to take stress very well and very resilient having been through many challenges in my career but this affected me much harder than I thought due to family with young children and a stay-at-home spouse. Though having prepared for this possible event, I found myself with insomnia for two weeks. An old work mentor recommended cannabis as a temporary measure touting its medicinal properties. Being adverse to see my doctor for depression, I made the terrible mistake in getting a very small amount from my old work mentor that he received from a dispensary and I was cited at a traffic checkpoint that evening with an attempt to possess cannabis and attempt to possess drug paraphernalia due to small plastic container. I realize this was a very grave mistake putting my job, livelihood and family in great peril and I will never do this again. I recently received a plea bargain that the drug charge would be dismissed but the paraphernalia would still remain.
My lawyer recommends going to trial and hoping for technicality or procedural mistakes to dismiss all charges since conviction would be very bad for my existing clearance. Besides this issue that is a citation, I have never had a problem and I’ve always been a law abiding citizen (my last speeding ticket was over 20 years ago). As of late, the military branch has approved extension of my contract through FY11 to finalize testing and deployment of this system but now I find myself in grave circumstances.
What is your recommended course of actions given my current situation? What information, if any and when, do I need to report to my security officer at my defense contracting firm? How bad will this impact my ability to renew my clearance in late 2011 if possible? Thank you for all your help. It is very much appreciated, Terrified
Terrible Mistake on August 26, 2010 at 11:01pm
Bill,
I did separate federal service starting in 2007. A follow up question I have is does this constitute as a "yes" answer to the question, "have you ever used drugs while possessing a security clearance". I want to make sure I answer things correctly.
Thanks!
Contractor Job (USA) on August 26, 2010 at 8:57pm
Worried,
I wouldn’t. If hCG was purchased legally from a retail store or pharmacy, I do not think you need to list it on an SF 86/eQIP. You may want to do some research to see if such use can result in a positive response in a drug test as many contractors and Government agencies conduct pre-employment drug tests. Good luck.
Bill L. (Annapolis, MD) on August 26, 2010 at 10:42am
Concerned (VA),
I do not think there is a place on the SF 86/eQIP to report “almost use” of drugs. However, you should discuss this incident with the investigator and the polygraph operator just to clear the air in case you react during the polygraph. In my opinion, you should not be denied a final clearance based on your scenario, providing you have no other issues. Good luck.
Bill L. (Annapolis, MD) on August 26, 2010 at 10:38am
AChickInNY,
I am not experienced in State Department clearance decisions, but, if you were in DoD, you probably would not get a clearance. I know of no agency that does weekly drug testing. Sorry to go "Dr. Phil" on you but if you had left the weed alone after 2008, you would probably have a good chance. After being out of school for 5 years, I think you would have matured enough to avoid these social situations or given up on working for the Government. If you wait another year, your chances go up significantly. You can still apply to the State Department and if you have some skills they really need, they may give you a chance. In my opinion, you screwed yourself. Good luck.
Bill L. (Annapolis, MD) on August 26, 2010 at 10:31am
Contractor Job (USA),
From your scenario, I assume that you have had a break in federal service from 2007 to 2010. This is why you are being asked to complete a new eQIP. I agree that you will probably be denied an interim clearance by DISCO. The personal interview will not resolve the situation. Although you can provide detailed info to the investigator, he/she does not make any decisions regarding the clearance eligibility. The case ends up with DISCO or DOHA and adjudicators at those facilities make the final determination. In my opinion, you will get a clearance in the long run providing you have no other issues and your company is willing to keep you on the books pending completion of the investigation and adjudication. Good luck
Bill L. (Annapolis, MD) on August 26, 2010 at 10:20am
As a follow-up to my below comment, I just remembered that in early April I was out with a bunch of friends at bar that serves exclusively beer. Having a gluten problem, I couldn't drink. So, my friend in prescription pain meds (I think oxycodone or oxycontin) offered me something so "I could have fun too." I had half a pill and didn't even feel any affects.
I don't pose any other security threats whatsoever. I graduated summa cum laude from undergrad and will likely graduate with at least a 3.7 this December from my graduate program. Again, all usage was both in social situations and offered to me.
Again, am I screwed?
AChickInNY (New York) on August 25, 2010 at 10:44pm
On the question about buying/using/drugs "for your own profit or that of another", does that include buying drugs for your own personal use? It seems like it would, because buying drugs profits somebody else, but I've been told that it doesn't. Insight?
Fred on August 25, 2010 at 1:49pm
I purchased and used hCG without a prescription for weight loss within the past 6 months. Depending on the source and location, hCG can be purchased without a prescription for personal use. Other than that I have no other drug use. I have no issues disclosing this information, however don't know if it is relevant. Is this relevant to disclose this on my SF-86 for Q clearance? If so, will it prevent me from getting clearance (I just want to be prepared)?
Worried on August 25, 2010 at 4:48am
Bill/William,
Ok so my story is I used marijuana off and on between 2003 to 2004 (late 20's). I had an active secret clearance at that time. I gave up marijuana in Jan of 2004, but was talked into a single use again in 2006 at a party (no active clearance). I moved and left the state shortly after. In 2008 I went camping with old friends and thou it was there and I came close to using, I did not. Now when I filled out my public trust clearance paperwork in 2008, I did not report any of this as the 2006/2004 stuff was too old, based on the 1 year rule, and I did not report anything on the camping trip because I felt that I did not use it(and still don't), and in fact left the trip early just to get away from it. Now I must fill out a SF-86 because I have to get a TS/SCI with Poly, so I have a couple of questions. Should I report this 2008 incident even thou I did not use? As I plan on reporting everything else and have no future plans to even be around it, am I going to get denied my clearance? If I put this 2008 incident down, will I get a chance to explain, or will they just mark this down as use and a incident of lying on the public trust clearance? This is important as I have young children now and if I need to change jobs to put some more time between me and the stupid mistakes of my past, the sooner the better.
Concerned (VA) on August 24, 2010 at 5:04pm
I'm very interested in working for the State Department, either as a Foreign Service Officer or in the Bureau of Educational and Cultural Affairs (most jobs associated with these two arenas require confidential or secret security clearance). I will likely take the FSOT in the upcoming October window.
My drug use is as follows:
My sophomore year of college (2003), I bought maybe 2 very small quantities of marijuana. This was the year I smoked the most - once or twice a month - and always in a social setting and in the context of "going out" (never between classes or "just cuz"). I have never bought any since.
Throughout the rest of college (the rest of 2003-early 2005), I smoked it less - once every few months, at parties if it were offered to me.
Since college (May 2005 - present), I have smoked it twice: once in 2008 (roughly) and once this past March (2010). Both times were again, in social situations in which it was offered to me. This past March, I had two, maybe three, hits off one joint.
I have no intention of ever using it again (in fact, my asthma has worsened as of late, so I have a health incentive not to do it) and am perfectly capable of saying no if it is offered to me. I would be more than willing to submit to drug testing (weekly if need be!).
Am I screwed?
AChickInNY (NY) on August 24, 2010 at 1:01pm
Hi I have a quick question about getting a contractor job. I was in the military with a TS/SCI, with a reinvestigation approximately 2005/2006. I separated in Sep 2007. I smoked marijuana one time in July 2008 while in college. Recently (Aug 2010) I was offered a contractor job where I will need to update my eQip. I intend to be honest and say I used drugs. What should I expect to happen. From what I gather from other responses, DISCO will deny an interim, in my case that I had a clearance what will happen? Will this be resolved in the personal interview if the investigator feels this has been mitigated? Thanks for your help!
Contractor Job (USA) on August 24, 2010 at 10:02am
Jason (DC),
I can not honestly say how the CIA looks at drug use. But I can assure you that they look hard at falsification. Your previous clearance submissions are not as important as the current one. I urge you to be honest. The fact that you are asking these questions shows that you are concerned about the outcome and, in my opinion; you will react during the poly and cause them to ask more questions.
Additionally, their background checks are more thorough and a reference (fellow student, neighbor, etc) may divulge your use. Your initial clearance submission can be mitigated due to the recruiter’s advice. However, an additional issue is now in play – it seems apparent that you used illegal substances after being granted a DoD clearance. But, if you have worked honorably for State and the CIA, your skills and their investment into your career are also on the table. Good luck.
Bill L. (Annapolis, MD) on August 24, 2010 at 8:31am
Good evening,
I was accepted to an internship program that requires being granted a secret clearance to participate in. On my SF86 I answered honestly to the question about past drug use. I used Marijuana regularly-more than once a week and Oxycodone regularly-more than once a week for two years after high school. I have been clean & sober now for four years and attend twelve-step meetings regularly.
I should also note though that in 2005 and 2006, I failed to file federal & state tax returns due to fear that I would owe money. I have rectified the federal tax issue, but have been unable to rectify with the State as of yet. I have filed annual tax returns since then in a timely manner.
I have no other negative components to my application. Do you think that I will be granted a secret clearance?
Thanks!
Clean and sober now... (Massachusetts) on August 24, 2010 at 2:49am
I joined the Army right out of High School and received a DoD SECRET. When I filled out my SF-86, I had put that I smoked marijuana and my recruiter ripped it up and said "Why put something down that may disqualify you when they will have no idea?" That being said, although not noble, I have basically done that on the following 3 SECRET clearances (DoD, DoS x 2, CIA). I experimented with cocaine occasionally while in college, as well as tried a few other isolated incidents of other drugs. I kept his philosophy and never disclosed the usage. I have no charges, or any record of any usage, and it has not affected my life in anyway, and the most recent usage was over two years ago.
Now, I am going to apply to a CIA career position that requires TS-SCI (w/ poly). My questions is, should I come clean with all my usage, or should I roll the dice on the poly? I realize your response will be to never lie, however, if I disclose this information, will I be automatically disqualified because I didn't disclose it on the 4 previous clearances? If so, it seems I might as well roll the dice on the poly if the alternative is an automatic denial anyways.
Please let me know what you think, thank you very much.
Jason (Washington D.C.) on August 23, 2010 at 9:04am
anonymous (Rhode Island):
All federal employment for a position that requires a security clearance is subject to two processes—one for employment suitability and one for security clearance. For a security clearance I believe your past illegal involvement with drugs (including your purchase of shrooms) is fully mitigated by “passage of time without recurrence.”
Unless DOS has some particularly restrictive employment suitability drug involvement criterion for it FSOs, I don’t think you will be found unsuitable for employment. You can ask the HR office at DOS for their FSO employment suitability criteria. For information see my article on “Employment Suitability Versus Security Clearance” on this website.
William Henderson on August 21, 2010 at 6:04pm
I am applying as a Foreign Service officer, and I am worried about drug use in my past.
I smoked marijuana around 9 or 10 times during the first semester of my freshman year of college. This was in a social setting with some of my friends. However, I stopped smoking marijuana after the first semester of my freshman year.
I am more concerned about my use of mushrooms. I consumed mushrooms 4 times in a one month period of the second semester of my freshman year. What mostly worries me is that I purchased them.
It has been about 4 years since I used mushrooms, and even longer since I used marijuana. Do you think that the fact that I purchased mushrooms will affect my ability to become a Foreign Service Officer?
anonymous (Rhode Island) on August 19, 2010 at 11:05pm
jerod (corpus christi tx):
Because Customs and Border Protection has drug enforcement responsibilities, my best guess is that the position you are applying for has job-specific employment suitability criteria related to drug involvement that are more restrictive than the drug involvement criteria for a security clearance. If you the position you applied for is an "excepted service" appointment or a contractor position there probably is any right to appeal their decision. See the article on "Employment Suitability Versus Security Clearance" on this website.
William Henderson on August 19, 2010 at 2:32pm
I am majoring in information assurance and want to work for the NSA upon graduation. I have a number of issues in my past, notably a suicide attempt (not really serious, more like attention seeking) at age 15, a diagnose of bipolar which is controlled by medication and I have had no incidents related to it, and past drug use. I used a variety of drugs regularly before voluntarily seeking treatment which i successfully completed about 2 years ago. Since then I have smoked marijuana 2 times (do not intend to ever again) and i still drink infrequently. My psychiatrist has told me he does not believe I am or have been addicted to drugs or alcohol and it has been 6 months since last use of marijuana and 2 years since last use of anything else. I will be graduating June 2012, what are my chances of getting a clearance and hired by the NSA assuming i have no drug use between now and then, am fully committed to not using drugs, have no mental health issues and have the support of my psychiatrist? Or should I just change majors now?
Thanks a lot
infosec (mi) on August 18, 2010 at 12:17am
Jerod (Corpus Christi),
I do not know who/what cbp is but the person making the public trust decision is way too conservative. The only thing I can think of is you job may be connected to a nuclear or chemical surety program or an IT position. I do not know if there are any appeal avenues, but I suggest you contact your servicing HR office for advice. In my opinion, it is the norm that if you hold a DoD clearance, the public trust decision is typically favorable. Good luck.
Bill L. (Annapolis, MD) on August 17, 2010 at 12:37pm
I received a call the other day from cbp internal affairs that my public trust clearance was going to be denied for smoking pot 5 times over two years ago while in college.
Since then I have maintained a secret clearance while working for a contractor. I'm 26 and also a vet with no other issues involving my BI. The investigator told me there is no way around it cause it hasn't been long enough.
I did write a detailed letter admitting my guilt and explaining how it was a mistake and would never happen again. Obviously it was way more in depth but you get the picture. Any help would be appreciated!
jerod (corpus christi tx) on August 11, 2010 at 9:42pm
Margaret (Alexandria, VA),
As a parent, I know it is an inherent duty to worry about the “kids”. I know I still worry about mine who are in their 30’s.
But let me alleviate some of your worry. First, you are correct – your son should own up to these incidents during his interview. Possibly, the underage drinking surfaced during a local or college police check and possibly one of his references alluded to the marijuana use. He should admit the incidents and plainly state he will refrain from any future involvement with illegal substances and avoid other involvement in underage drinking.
There are plausible reasons for why he did not list them – he thought the marijuana use was minimal or too old; the underage drinking was after he submitted the eQIP, etc. In my opinion, these incidents should not stop him from getting a TS clearance as long as there are no other issues. Good luck.
Bill L. (Annapolis, MD) on August 10, 2010 at 8:06am
Margaret (Alexandria, va):
Smoking marijuana one time prior to age 16 is not a serious issue. In fact in the previous version (September 1995) of the SF86 your son would not have been required to list it.
Unfortunately his failure to list it on his SF86 (July 2008 version) creates a falsification issue that can be potentially disqualifying. I say “potentially” because most issues can be mitigated. Any illegal drug use is also potentially disqualifying, but there is a presumption that if it occurred more than 7 years ago, it is no longer relevant.
Although there is no longer a presumption that experimental use that occurred prior to age 16 is not relevant, it is usually determined to be fully mitigated by passage of time. A single underage drinking offense without evidence of episodic alcohol abuse or alcohol dependence rarely results in a clearance denial.
Of the 3 issues I think that falsification is the most serious. I recommend you and your son read the articles on “Falsification of Security Clearance Applications” and Alcohol Consumption and Security Clearances” posted on this website.
William Henderson on August 9, 2010 at 4:22pm
My son who is 20 received an interim TS in July 2010. The investigation/interview process has began, they have talked to coworkers and neighbors. He has a meeting with the investigator later this week. He confided in me last night that he did not own up to having smoked marijuana once when he was 15 years old on his SF 86. He also has a recent charge of underage drinking that he was found guilty of on 5 Aug 2010.
I've told him to tell the investigator about both issues at the on start of the meeting. I'm worried though that these 2 issues will hurt his chances of getting a final Top Secret. What do you think? Thanks you.
Margaret (Alexandria, va) on August 8, 2010 at 7:57pm
ThatGuyFromNY,
In my opinion, you will not get an interim clearance due to the relatively short period since your last drug use. Normally, contractors get a quick response from DISCO on interim clearances (a couple of days after the eQIP reaches DISCO). In the long run, I believe you will be granted a final clearance, providing there are no other issues in your past. Good luck.
Bill L. (Annapolis, MD) on August 5, 2010 at 9:23am
Recently got a job with a DOD contractor that requires Secret Clearance. I've smoked Marijuana experimentally less than 10 times between 2005 and 2008 while I was in college. I have never been convicted of a crime, nor have I ever purchased Marijuana, just casually smoked it with some friends who were passing it around. Besides that, my record is clean except a speeding ticket and some parking tickets. I have an awesome credit score but due have some debt from student loans, which I have not started paying back yet (still in their grace period).
I haven't smoked since December of of 2008 (almost 2 years), what do you think my chances are of getting an Interim Clearance and then the full clearance? I finished my security paperwork last Friday.
ThatGuyFromNY (NY) on August 3, 2010 at 6:54pm
Steve (USA),
First, your prior clearance eligibility was valid for 2 years and 1 day after your last employment termination with a federal government agency or contractor. At that point, it is archived in JPAS.
Next, I always encourage people to be honest on employment applications and government forms. Being honest with the new company is the only way to start out an association. In my experience, by the time the investigation is completed and gets to the adjudication facility, about 1 year will have lapsed since your drug use. Providing there are no other issues, I suspect you will be granted a clearance.
However, I am also sure you will not get an interim clearance, so your company must be willing to wait out the process. You must be willing to wait out the process as well in case you can not work until the clearance is resolved. Many companies hire contingent upon you being granted a clearance and the possibility exists you will have no income until then. Good luck.
Bill L. (Annapolis, MD) on August 3, 2010 at 8:47am
I am about to take a new job where I am required to have a TS/SCI clearance. Almost 6 years ago I was a user of marijuana for about 9 months smoking occastionally with friends. I have no drug convictions or any other criminal issues in my record and I have not used marijuana since. Now I did have a secret clearance at the time of use, but my TS was expired and I was not actively using my clearance at the time, what are my chances that this will be an issue?
Chris (Virginia) on August 2, 2010 at 7:47pm
I am being considered for a position requiring some level of clearance. More than two years prior to applying for this job, I held a TS clearance with a contractor, but this clearance expired after I left since I was no longer sponsored by the company (I'm sure about this) and I never really had need-to-know for classified information anyway.
Eight months ago I used marijuana for the first and only time in my life with someone I hadn't seen in 5 years and probably won't see again. My feeling is that I'm in the clear here as long as I'm honest on the SF86 and sign a letter of intent, but since I'm going to have to relocate and leave school for the job I want to be sure. Should I disclose this to my hiring supervisor right now so that I can be sure that I'll be able to get the needed clearances for my job.
Steve (USA) on August 2, 2010 at 4:59pm
thatguy (PA):
Your chance of getting a final secret is fair to good. Your chance of getting an interim Secret clearance is poor. The date you last illegally used drugs is more important than the date you were arrested/charged for possession. If you are not old enough to drink alcohol legally, don't. You don't want another underage drinking offense on your record.
William Henderson on July 27, 2010 at 8:31pm
PeaceCorps (WI):
No, your past use of marijuana should not disqualify you for employment in a non-sensitive position in the Peace Corps. The SF85 is used as the basis of an NACI investigation and an emplopyment suitability determination. A personal interview is not a standard component of the NACI. If you were applying for a position with a higher sensitivity designation, you would have to submit an SF85P, SF85P-S, or SF86. These forms ask for more information than an SF85. So you can assume that illegal use of drugs that occurred more than one year ago is not relevant to your suitability for the position. BTW you will probably also have to fill out an OF306, but there is no drug question on this form.
William Henderson on July 27, 2010 at 8:21pm
I am currently a 19 yo college student hopefully applying for a scholarship with the DOD. I believe I have to get a secret security clearance. I was charged with a possession of minor amount of marijuana roughly 2 years ago (today) which means when I apply for the clearance it will likely be about 2 and a half. I completed the probationary program. Then about a year ago I was cited for underage consumption of alcohol at college. I have completely stopped drug use ( for about a year now) and have limited my alc consumption (not a dependency issue or anything). what do you think my chances are for a secret clearance?
thatguy (PA) on July 25, 2010 at 11:37pm
I recently was selected for a position with Peace Corps as a staff member. The position requires that I submit an SP-85 form, which I did earlier this week. The position is non-sensitive, and the form's only question regarding drug use was if you had used, possessed, sold, etc. illegal drugs in the past year.
While I haven't done this in the past year, I did use marijuana once about four years ago, and then 4-5 times over the period of a few months ending about two years ago. I am not generally a big partier; I usually only drink recreationally once every month or two and have only done drugs as described above.
Do you think this is something that would disqualify me for employment? I didn't disclose it on the form because it wasn't in the past year. Do you think I should tell the investigator in the interest of being forthright, or do you think that is unnecessary?
PeaceCorps (WI) on July 24, 2010 at 9:02pm
Regarding a Secret Clearance (USA):
The investigation for a Secret clearance for federal contractors and military personnel is an NACLC. The investigation for a Secret clearance for an applicant for federal employment is an ANACI. These investigations are explained at Chapter 1 of my book, Security Clearance Manual, which is posted at http://lastpostpublishing.com/securityclearancemanual_chapter1.aspx
Average end-to-end processing times for the fastest 90% of all initial security clearances by agency are posted at: http://www.clearancejobs.com/cleared-news/147/security-clearances-how-long-do-they-take. For Secret clearances you can reduce the investigative time by about 10 days.
William Henderson on July 23, 2010 at 3:16pm
Hopeful (california):
I’m not as familiar with DOE case decisions as I am with DOD contractor case decisions, but the few DOE cases I have seen that involved drugs, suggest that DOE adjudicators may be a little more lenient than DOHA adjudicators. At your age I think that sufficient time has probably gone by to mitigate both the alcohol and drug issues, provided you have made significant changes in your lifestyle and have avoided people who use drugs and places where drugs are used. But yours may be borderline case that can go either way. Be aware that if you are applying for federal employment (vice contractor position), federal employment suitability determinations are a separate process from security clearance determinations.
DOE security clearance case decisions are posted at http://www.oha.doe.gov/persec2.asp
William Henderson on July 23, 2010 at 3:04pm
I'm 23 years old and curious about the combination of drug use and DWI. I'm up for an L clearance and put in my QNSP today.
I used marijuana about 35 times between high school and college with my last usage 16 months ago. Also I was charged with a DWI 3 years ago.
I am curious if enough time has passed to mitigate these two issues.
I've made a commitment to myself to not use drugs or drink and drive again, but I'm still nervous.
Thanks for putting the site together. It has helped me to read the case-by-case analysis and to know that I'm not alone with my skeletons.
Hopeful (california) on July 20, 2010 at 8:02pm
Ive been offered a job that needs a clearance and I have a couple of straight forward question:
What is involved in a Secret level clearance?
Are my referances checked? Will they be contacted?
How invasive is it? How far do they dig for a secret level?
And how long does it take?
Thanks in advance.
Regarding a Secret Clearance (USA) on July 20, 2010 at 11:50am
Personal Interview - Secret (MA),
Read "Preparing For The Personal Subject Interview"
Eric (ClearanceJobs.com) on July 19, 2010 at 8:48am
I recently completed my eQIP for a new job and was contacted by an investigator to setup a "personal interview". What is the "personal interview" like? Is it a polygraph, or just an interview, etc.? Should I bring any additional information about the subject they want to discuss?
Thanks.
Personal Interview - Secret (MA) on July 17, 2010 at 1:22am
Marcus G (NYC),
In my opinion, you should not have a problem getting an Army commission or a clearance. Your use seems to be minimal and the passage of time should mitigate this. Good luck.
Bill L. (Annapolis, MD) on July 13, 2010 at 12:20pm
Can I Get a TS (USA),
There is always hope. In my opinion, you have a fair to good chance to get a TS/SCI with the Army. Generally, the DOD adjudication facilities will grant when the person has minimal drug use and it has been at least a year since last use. However, it would not be so easy going to some of the intelligence community agencies as they are a little tougher on drug use and use the polygraph to follow-up on the info you provide on your form and during a personal interview. Good luck.
Bill L. (Annapolis, MD) on July 13, 2010 at 12:16pm
Charles C (DC),
Adjudicative guidelines and just that – guidelines. Only a couple of the guidelines are written in stone. Otherwise, each agency can implement the guidelines based on the mission of the agency and the behavior of the employee/applicant. Most of the DOD agencies would not have rejected you unless you were working in the chemical or nuclear arena. Most of the DOD adjudication facilities would have granted you a clearance. Good luck.
Bill L. (Annapolis, MD) on July 13, 2010 at 12:11pm
Can I get a TS (USA):
In your case 1 year of abstinence is borderline even with a very positive whole person assessment. Being accepted for an intel job in the military may be more difficult for you than getting a security clearance.
William Henderson on July 13, 2010 at 2:08am
marcus g. (nyc):
The eligibility standard related to drug uses is the same for all levels of security clearances--only the investigations are different. Your drug use history probably won't result in a security clearance denial, but I don't know the Army's current standards for enlisting or commissioning, which are sometime more stringent than security clearance standards.
William Henderson on July 13, 2010 at 1:57am
Charles C (Washington DC):
DHS rejected you based on employment suitability standards, which can vary from agency to agency and from position to position within the same agency. See my article on "Employment Suitability Versus Security clearance" for more information.
William Henderson on July 13, 2010 at 1:52am
I have used marijuana a couple of times over the last several of years (most recently about 2 years ago). I tried cocaine also twice most recently about the same time. I have a reputable job for 11 years at a large financial company.
Will I have issues getting security clearance for a subsequent commission as a 2nd LT in the us army? If not, if I want an MOS in military intelligence or signal corps, will I qualify for the right clearance?
Thanks
marcus g. (nyc) on July 9, 2010 at 2:54pm
Hi there,
I am a 27 year old economist who was offered a position in May with the Council of Economic Advisers. The CEA requires top-secret clearance because they occasionally receive official government statistics the night before their public release, and profitable financial trades could be executed off of this information.
My security clearance is being handled by the Executive Office of the President. On the form (not the SF86, but I'm not sure what it was), I honestly disclosed frequent/regular marijuana use in college ending about five years ago, and very occasional use (once or twice a year) since then with a boomer uncle with a forty year marijuana habit. The last time I smoked with him was, unfortunately, March 5th, 2010, with the time before that being March 2009. The CEA offer came out of nowhere; otherwise I obviously would have passed in March 2010. I never did any other drugs and there are no other issues (i.e., financial, etc.).
I did my best to explain all of this, and offered to sign a statement of intent, but the person in charge of my case has indicated that I have not established a pattern of abstinence of suitable length. The process includes a drug test, which I passed, but apparently that doesn't help much.
Does anyone know anything about how EOP procedures might differ from what is described here? Can I offer anything that would change their minds? If a six month period is required, is it worth trying to get the CEA to change my start date to September, or is it not possible to game the system in that way?
Frustrated,
Just An Economist
JustAnEconomist (Washington, DC) on July 9, 2010 at 12:37pm
I'm a year out of college, graduated from a very respected school. However, I smoked MJ occasionally with friends in school, but never bought it, sold it, wouldn't even know where to get it. Also, the start of my junior year (almost 3 years ago now), I experiment twice with cocaine, 1 time with LSD and Shrooms with some buddys that I know longer associate with. (was about a 3 month period beginning of the semester) I realized that I shouldn't be messing around with this stuff and was nothing more than experimental; I was in the mindset that I was in college so it was alright to push the limits. I know it sounds like a lot, but it was only a few times and I never considered myself a drug user. Well, I'm trying to join the army now, something that I've always wanted to do, and wondering if there's any chance i an get a TS for military Intel. I haven't touched anything since college graduation and don't plan to ever to again and much more mature than my college days. Since this was a couple years ago and in college (I know not much of an excuse) is there any hope?
Can I get a TS (USA) on July 8, 2010 at 11:48am
I just applied to DHS and they told me to withdraw my application for a clearance. I last used marijuana just over a year ago in college (probably once every four months to the point starting three years ago), but have since graduated and am done using. They said DHS requires five years of no usage. I live in DC and almost every engineering position requires a clearance. What gov't agencies have different time frames? And if I work in the private sector will I be denied a clearance?
Charles C (Washington DC) on July 8, 2010 at 4:18am
John (TX):
Absent any particularly unique skills, interim SCI access eligibility is pretty rare. 12-15 weeks is probably your prospective employer’s estimate for a final TS/SCI clearance.
(see my article on Security Clearances: How Long Do They Take? Posted at http://www.clearancejobs.com/cleared-news/147/security-clearances-how-long-do-they-take)
An interim TS/SCI can be granted in less than 30 days. An interim Secret clearance can be granted in only a few days. You may not be considered for an interim Secret or TS clearance unless there is a need for a collateral clearance that is separate from your need for SCI eligibility. Your chance of getting an interim collateral clearance is 50/50. There is no data available on interim collateral clearances (other than a 39% declination rate with DOD last year). I have heard of case similar to yours going both ways.
In theory the standards for granting a clearance under “Drug Involvement” criterion should be the same for Confidential, Secret, Top Secret, Q, SCI, and other SAPs. However, every Central Adjudication Facility and every personnel security adjudicator uses a slightly different interpretation of the standards; in the same way that different criminal court judges pass down different sentences for the same criminal offense involving the same circumstances. Good luck.
William Henderson on July 2, 2010 at 2:55pm
Lawrence (Texas):
No, the 30-year-old felony drug conviction you described should not by itself result in a security clearance denial. It will be taken into consideration and evaluated along with all other aspects of your personal history.
William Henderson on July 2, 2010 at 2:19pm
William Henderson and Bill L,
I am 22, just graduated from college, and have accepted my first job. It requires a top secret clearance with SCI access.
My first two years of college I smoked marijuana defined as frequently by the adjudicator's desktop reference (2-3 times per month when I was 18-20). I quit altogether two years ago and have never used any other type of drug. I admitted honestly on my SF-86, and also stated my intentions to not use drugs in the future in the comments section. Everything else on my SF-86 is clean as a whistle; no criminal history or financial problems whatsoever, all family are US citizens, I've never even left the country myself, etc. I know from my research that these facts will probably lead to a favorable decision when it comes to secret and top secret clearances. However my concerns are with SCI access and interim eligibility.
I need SCI access for my position - will the adjudication be more stringent because of the higher level of security? Also, my employers are telling me that I should hear back about my clearance in about 12-15 weeks. Since I am applying for TS, this makes me think that they expect me to to start work with an interim eligibility. Have I still mitigated my drug use enough for an interim clearance even though the final clearance will involve SCI access? Is there such thing as interim SCI?
Thank you so much in advance. Your comments on this page and others have been nothing but helpful.
John (TX) on July 2, 2010 at 4:29am
College Student (USA),
If you stop the illegal drug use now and do not have any other issues in the future (alcohol incidents, delinquent debts, criminal conduct, etc), the passage of time will mitigate your drug involvement and you should be okay. Good luck.
Biill L. (Annapolis, MD) on June 24, 2010 at 8:34am
Hi Bill,
I'm working on my bachelor's degree and would like to join the Army in a position that requires a secret security clearance when I graduate in two years.
Unfortunately, I have some past drug-related issues like others. In the past two years of college, I've used marijuana (characterized as "frequent" per adjudicative guidelines), including buying small amounts from time to time. I've also tried cocaine once at a party and mushrooms twice at concerts. I haven't engaged in any of this activity for the past several months, nor will I be doing so going forward.
A year ago, while at college, I was arrested for smoking a joint and was charged with possession. I plead guilty, and the charge was subsequently expunged upon successful completion of probation and community service.
Given this info, can I forget about the possibility of attaining a secret security clearance two years from now?
College Student (USA) on June 21, 2010 at 4:44pm
Mr. A (USA),
I am indeed confused on your situation. You imply that you are eligible for SCI access (I assume based on a current investigation) but were denied indoctrination by the AF. This is technically possible as the holder of the information can make an access or need-to-know determination. I do not understand this SCI rejection unless you are being considered for a Special Access Program, access to Restricted Data, or a nuclear or chemical surety program access. For these programs, use of a hallucinogen (ecstasy) can be a factor. Normally, if your hold SCI access eligibility in JPAS, the indoctrination authority does not reject you unless they have new in formation, subsequent to you be granted the SCI eligibility. Your rejection letter should have an appeal process or at least a POC that you or your sponsoring company can pursue a better explanation. Good luck
Bill L. (Annapolis, MD) on June 15, 2010 at 10:25am
Mr. A (USA):
Your denial of SCI is unusual because the criterion for drug involvement is the same for collateral clearances as it is for SCI. I believe that if you rebut this preliminary adverse SCI decision you will be successful. Sometimes adjudicator decisions can be arbitrary and/or capricious. Your rejection letter (also known as a “Statement of Reasons—SOR”) is only a preliminary decision and should have included instructions regarding rebuttal procedures. Follow the instructions and submit a rebuttal to the SOR, then if you are sent a final decision to deny your SCI, there should be instructions for appealing the final decision. To prepare your rebuttal properly I suggest you study the “Alcohol Consumption” criterion of the Adjudicative Guidelines and also include information about positive “whole person” attributes.
William Henderson on June 13, 2010 at 5:00pm
I have a felony drug conviction (1/8th gram controlled substance) dating to Feb. 1980. I was given 3 years probation which was completed and all fines paid. Will that felony prevent me from getting any kind of security clearance?
Lawrence (Texas) on June 13, 2010 at 4:46pm
I received a letter for my rejection of SCI Indoctrination for AFCAF Adjudicative Guideline H for one time uses of ecstasy and pot now over 3 years ago. The rejection letter states further that the drug use and peer pressure were the security concerns. Peer pressure was further stated that I can be easily persuaded.
This response threw me back a bit. I've been employed as a DoD contractor for now over a year and had to sign a Drug-Free Workplace certification as part of my hiring process with my contracting company. I've been recognized by my co-workers and customer for my hard work in a classified environment and I used the same wording in my Secret, TS, and now SCI to describe these events (4 total in the past 10 years).
Do I have the right to respond and clarify?
Mr. A (USA) on June 11, 2010 at 12:51am
B (US),
I was not sure if you meant Bill Henderson (who authors these articles) or me, but I will throw in my 2 cents worth. You actually present 2 possibilities here and I will attempt to address both.
First, the security clearance – Your listed drug use will be a factor, but since your last use was over 1 year ago, I think you have a good chance at being granted a security clearance eligibility. I do not think your DUI incident will adversely affect the decision. Next, flying qualifications – Your listed drug use could have an impact on the medical qualification for flight school, especially the use of ecstasy and mushrooms, both hallucinogens. That use, even >5 times, could have an impact as I believe the medical qualification for flyers is more stringent than for the basic Sailor or Marine. Good luck.
Bill L. (Annapolis, MD) on June 4, 2010 at 8:12am
Bob (MD),
If you answered the questions on the eQIP honestly, you should not have a problem. One of the things the investigator will do is review the eQIP with you to ensure that you understood the questions as some can be very confusing.
For the intelligence community (IC) and polygraph process, you may, repeat may, be asked “Have you ever” on many questions. This helps the polygraph operator formulate his/her questions.
During the polygraph, if you are asked “Have you used illegal substances in the past 10 years?” you will obviously answer “no” however, your mind could be recalling the use 30 years ago and result in a response on the chart, causing more questions by the operator. Just answer all questions honestly, and you should be okay. Good luck.
Bill L. (Annapolis, MD) on June 4, 2010 at 7:41am
Bill,
I see you have some great advice here and I figured I'd at least ask about my personal circumstances.
I am graduating from college in a month, used marijuana regularly throughout college but have stopped for the last year. When I was 20 (I am now 25) I received a DUI for driving while smoking marijuana but the charges were dismissed because I completed all court requirement, including regular weekly meetings with a drug counselor. Prior to that I experimented with cocaine, ecstasy, and mushrooms no more than 5 times each. I have since stopped using ALL illegal drugs and disassociated myself from my friends who do so. I feel like the millionth person asking this question, but given these circumstances what is the possibility that I could get a Secret security clearance.
Some positive factors are that since 2006 I have made a proactive effort to fix and maintain my credit report, I volunteer on a weekly basis at the local food bank, have a 3.6 GPA, as well as practice martial arts 3 times a week.
In reality I wanted to fly for either the Navy or Marines but feel that my drug history will preclude me from doing so. Any comments would be greatly appreciated.
B (US) on May 31, 2010 at 11:31am
I currently going thru SSBI clearance review. I completed Qip on-line sf86. SSBI covers the last ten years regarding drug use. I have not experimented with drugs for over 30 years. Based on the time requirement of 10 years. I answered no to use of drugs for last ten years on sf86. I have not under gone a interview as of yet, I assume the interview will cover only the last tens year for SSBI.
Should I not report this to the investigator since its outside the ten years? and should the investigator ask questions beyond ten years, am I required to respond to those questions? How does the poly play in this situation? I assume poly would ask the question if I used drug without any time scope requirements compared to the sf86. I would have to answer yes to the poly and no to sf86 based on the pass 10 years.
bob (md) on May 30, 2010 at 4:00pm
JA (Kansas):
You definitely should list your marijuana use on the new SF86. If you were not hired for the intern position at State 2 years ago, what makes you think you had a security clearance?
William Henderson on May 25, 2010 at 8:02pm
Richard Bonvini (Sterling, VA):
If your TS/SCI is based on an investigation that is less than 5 years old; your clearance was granted without a waiver, condition, or deviation; you have had less than a 2 year break-in-acces; and nothing of an unfavorable nature has occurred since your last clearance adjudication—your TS/SCI can be reinstated by the same agency or reciprocally accepted by a different agency at the same or lower sensitivity level. You may be required to submit a new SF86 for review only. SCI has 3 sensitivity levels: 1) SSBI w/o polygraph, 2) SSBI w/CI-scope polygraph, and 3) SSBI w/full-scope polygraph.
Those are the rules. But not all agencies comply with all of the rules all of the time.
William Henderson on May 25, 2010 at 7:56pm
Richard (VA),
I just don’t understand the “upgrade to a higher level clearance”. TS/SCI eligibility is as high as you get. The only “higher level” is SCI access caveats or personnel reliability programs for nuclear or chemical programs. Your DoD TS/SCI should be good at any other DoD agency/activity. The only problem could be that databases show an incomplete investigation that requires adjudication. Even so, if your prior DoD TS/SCI determination was based on an investigation less than 5 years old, it is still good as long as it shows in JPAS. Good luck.
Bill L. (Annapolis, MD) on May 25, 2010 at 12:16pm
JA (Kansas),
You are correct in stating that using illegal substances subsequent to be granted a security clearance is a problem. With some intelligence community agencies, it really means “do not apply”. My recommendation is that when completing employment or security forms you should always be honest. If your last use is not recent, the use subsequent to being granted a clearance is often over looked by adjudicators or you are granted with a condition/warning to avoid future use. Good luck.
Bill L. (Annapolis, MD) on May 25, 2010 at 12:10pm
Pretty Puzzled,
The straight up answer is no, nothing can be done for/by your friend. If the FBI policy is no drug use within the past x years, then that is their policy. I assume it is a human resources/hiring policy vice a security policy. Of course, with some agencies, these are one in the same. I suggest your friend consider a different agency like DoD (non-intelligence activities).
Bill L. (Annapolis, MD) on May 25, 2010 at 12:04pm
I held a TS/SCI clearance and left my company for a company that did not require a clearance. I was gone less than 90 days and returned to the first company. My clearance was not reinstated because I left during an upgrade to a higher level clearance. I was told I would get the clearance back upon completion of my upgrade.
The question is can another company hire me for a TS/SCI position and get my eligibility reinstated. I still hold a TS with SCI eligibility from the DOD. thank you
RICHARD BONVINI (Sterling, VA) on May 25, 2010 at 7:33am
Quick question...I had undergone the security clearance process about 2 years ago when I applied for a competitive internship at the Department of State, listing no prior drug use on that SF-86 questionnaire. Now I am having to go through the process again for a defense job, but have smoked marijuana since going through the previous security clearance process.
My question is, since engaging in drug use while holding a clearance is frowned upon, should I list marijuana on the one I am currently filling out? After not getting the Dept. of State internship I basically wrote off a career in government, but now the opportunity has come up and am not sure how to handle it. Any suggestions?? Thanks
JA (Kansas) on May 24, 2010 at 1:42pm
Bill,
Long story short-a close friend was conditionally hired by FBI, subject to polygraph and background check. Applicant is a young man, model citizen, all American boy type, great academic record, who honestly disclosed one puff, literally, on a marijuana spiked cigar 11months ago. He just received a cancellation of the offer due to FBI drug policy. This kid was a college athlete, drug tested randomly by NCAA for 4 years, squeaky clean. Is there anything he can do?
pretty puzzled (Southern USA) on May 24, 2010 at 11:17am
Public Trust (VA):
SF85P question 21b does not apply to you. Questions asked of references during Personnel Security Investigations are not time-bound in the same manner as questions on the SF85P. Security Clearance Manual was written for people applying for National Security Clearances, but the information is generally applicable to Public Trust Positions and HSPD-12 PIV Card applicants. For information about all the federal personnel security programs check out my “Federal Security/Suitability Clearance Chart” at http://lastpostpublishing.com/Documents/Clearance%20Chart.pdf
William Henderson on May 23, 2010 at 5:16pm
I am in a position that requires a public trust 6C clearance and am required to complete an SF85P. Over a 9-16 month period ending approximately 3.5 years ago, I purchased several drugs for personal use among myself and close friends and not for any type of profit. Does question #21 part B apply since the seller may possibly have profited from my purchase? Is it possible that this question without the profit restriction will come up in an interview or some type of background investigation?
Thanks in advance. I thought Mr. Henderson's book was very helpful, but did not see anything related to the public trust questionnaire or investigation.
Public Trust (VA) on May 20, 2010 at 5:57pm
Thanks, Bill!
New Applicant (MI) on May 13, 2010 at 6:21pm
SSBI Subject (CA):
There is a difference between decriminalized and tolerated. I recommend your friend research this matter a little further. It is my understanding that in the Netherlands certain aspects of buying, selling, using and possessing of marijuana are illegal even when only small amounts are involved, but the policy is for police not to enforce the law under these circumstances.
William Henderson on May 11, 2010 at 9:46pm
SSBI Subject (Philadelphia),
The quick answer is “yes” your acquaintance should list ALL drug use, regardless of whether it was legal in the location he/she used it. As a US citizen, marijuana use without a physician’s prescription is illegal. As I read your scenario, your acquaintance is indicating 8-time marijuana use. That number should not be disqualifying for a TS security clearance eligibility decision.
Bill L. (Annapolis, MD) on May 11, 2010 at 11:33am
An acquaintance is filling out his SF 86 for a Top Secret SC and has the following question about past drug use:
Several years ago he was in Amsterdam on a trip, and went to a licensed 'coffee shop' and purchased/smoked marijuana (he apparently had also experimented with marijuana previously on 4 occasions, and 3 times since, which he will openly and honestly be listing on the SF86).
The question is whether or not consuming marijuana in the Netherlands (where personal possession/personal use has been decriminalized) counts as "illegal drug use" as defined by the SF86.
Should he just list the incident either way and provide explanations for the sake of being forthcoming? Or will he be better off not listing the incident?
Thank you for your time, and best of luck to everyone.
SSBI Subject (CA) on May 10, 2010 at 6:48pm
New Applicant (MI),
I suspect that due to the information on your eQIP regarding drug use, you will undergo a personal interview. At that time, you can correct the info including date of last use and reason you were not accurate when you completed the form. By the time the investigation is completed and gets to the adjudicator, the passage of time will probably be in the 9-12 month period since last use.
Routinely, DoD adjudicators use 12 months since last use as a mitigating factor for illegal drug use. The reason for not providing accurate info when you completed the form will be a key in mitigating the personal conduct issue (falsification of the form). Good luck.
Bill L. (Annapolis, MD) on May 6, 2010 at 9:48am
AL ANON (AL),
Criminal issues – the SF 86/eQIP asks for criminal conduct regardless of whether the charge was dismissed, sealed, etc. Specifically, the form asks “Have you EVER been charged with any offense related to alcohol or drugs?”. Credit issues – the individual must list the bankruptcy and any other financial problems. A current credit report will be viewed, court records checked, trustee records checked to verify the current status of the bankruptcy and probably a personal interview conducted for details of the reason for the bankruptcy.
I suggest the person answer honestly and provide explanations where requested. I do not see these issues resulting in a final revocation of the current Secret clearance eligibility. Good luck.
Bill L. (Annapolis, MD) on May 6, 2010 at 9:39am
I recently graduated from grad school (MSE, 5 years after starting college) and accepted a job for a defense contractor that requires me to get a Secret clearance. I have smoked pot on and off throughout college, but the majority of it took place during my freshmen and sophomore years. I reported that I had used it during those two years, though I smoked a few times each year during my later years, including a few times in this past year.
I filled out the SF-86 before doing my due research, and now realize that I should have just been 100% honest, instead of about 50% honest. Given that I have smoked within the past 6 months, what is the best course of action that I can take during the interview?
Thanks.
New Applicant (MI) on May 5, 2010 at 11:45am
Question on clearance investigation renewal.
Subject, 29, married w/ children, currently has secret clearance, since 2000, its up for renewal.
Was arrested 12/2007 (DUI), Charges were dismissed and was never convicted. Was told "it never happened"
Was arrested 02/2008 for possession of controlled substance (cocaine). Charges were dismissed and subject was issued a document from court stating all charges were dropped. Was told "it's like it never happened" No previous drug involvement and was only charged originally b/c he had a person in his vehicle who placed drugs in a possession of his. Has even volunteered and provided services to narcotics division.
No other criminal record or activities.
Subject was Army National Guard since 2000 and now federal contractor.
Suffered loss of income during and after active duty tour to Iraq and just finished filing Bankruptcy. Has completed credit and financial counseling and has not acquired any new debt. After bankruptcy he will have no debt left.
Taking into account the previous clearance and history, but adding the above stated issues:
Will the subject be granted a clearance renewal since they were never convicted and stated that they never use drugs and do not even consume alcoholic beverages now?
With the finances, will the bankruptcy and completed credit and financial courses aid the approval?
Will the clearance be renewed?
AL ANON (AL) on April 29, 2010 at 8:52pm
JJ (Miami),
My complements on discovering the illegal drug use is not the way to deal with problems. I think your use is long enough ago and infrequent enough that it should not be a problem. Also your distribution of a prescription drug was long enough age and isolated in nature. In my opinion, your history should not result in you being denied a final security clearance. Good luck.
Bill L. (Annapolis, MD) on April 27, 2010 at 12:10pm
I have recently been offered an IT job from a DoD contractor at an AFB contingent upon passing an Interim TS Clearance and after perusing the sample copy of the security clearance application and this site, I'm somewhat apprehensive about my chances of passing.
I have Cerebral Palsy and was prescribed a very high dosage of benzos [due to my acute spasticity] for an extended amount of time [approx. 6 years]. Unfortunately I could not "get off" of them on my own [I had also experimented with marijuana to try and suppress my tremors but never mentioned it in treatment, as it was not a factor] and entered a drug treatment facility in August of 2008. Since the completion of my 30 day voluntary stint in rehab, I have been "clean."
Another aspect that concerns me is financial. I had a student loan of about $7,000.00 from 2002 that I defaulted on due to financial hardship [I get about $700.00 a month disability to sustain a wife and two kids] and the fact that it is difficult for me to secure a job, so I have worked sporadically since graduating college 8 years ago. The student loan has been paid down to $160.00 and I have about $3500.00 of outstanding debt. If I got this job, I could pay it all off within 6 months.
I REALLY want and need this job... it would be a Godsend for my family. What do you think are the chances of me passing the clearance based on this... is it a waste of time for me and my prospective employer?
EdgilDe (Alabama) on April 26, 2010 at 3:18am
I am a college student and I have been offered an intern position with a DoD contractor for the summer - the position requires no security clearance. However if offered full time employment, I would apply for TS. I filled out a security questionnaire for the company (it was their own document, not SF 86) and indicated I had tried marijuana but would never use again. An HR person called me to ask when the last time I used it was. The call woke me up and I was caught unawares and answered it was about a year ago. After I hung up the phone, I remembered that there had been a more recent incident.
If I applied for a TS, I would be completely honest on this form and disclose the use accurately. My questions are, will this omission from HR affect my chances of clearance? Will the company see that I made this omission when I report it on the official clearance forms?
I want to remedy this situation and call HR if necessary.
MW on April 24, 2010 at 9:33pm
I am currently a senior in college and applying for my dream job working for the navy as a civilian and I wanted some insight into the likelihood of getting a security clearance. For about 1.5 years I smoked marijuana maybe 10 times; the last time being over one year ago. At the time I was smoking it was during a low point in my life, I had broken up with my girlfriend of four years, and I was trying to figure out who I was as a person. I have since realized that I am not that type of person, and I have distanced myself from that entire crowd.
The bigger issue is my freshman year of College, I sold my prescription Adderall (a form of Ritalin) to a few friends. I did it maybe 4 times. I was immature and stupid, and I have not done it since.
In the past year or so, I have grown and matured significantly, and I have professors and friends that can attest to that. I do not want to be haunted by my past, and I am very scared that I will be unable to land my dream job.
JJ (Miami) on April 22, 2010 at 9:57pm
Damis (MS):
Final security clearances are rarely denied after an interim clearance has been granted, provided the applicant answered all questions on the SF86 honestly and completely and no additional unfavorable information or aggravating factors surface during the background investigation. If past a drug issue is favorably adjudicated for a Secret clearance and there has been no subsequent illegal drug involvement, it will also be favorably adjudicated for a Top Secret clearance, because the adjudicative criteria are the same for both clearances.
William Henderson on April 20, 2010 at 3:26pm
Hello all.
I am a 23 year old college student. I received an offer to complete an internship abroad with the State Department. I have received an interim SECRET clearance, but the process will continue to move forward until full status is given.
Question: I experimented with marijuana over a year ago, and indicated this on my SF-86. With the vetting process continuing to move forward, should I be concerned at a potential denial of clearance based off of my answer of "Yes"? I see from previous comments that this typically warrants a denial.
Additionally, moving forward, I hope to attain a higher clearance. I plan on always pursuing honesty, but will my experimentation before haunt me?
Many thanks for the very informative site! Best wishes.
Damis (MS) on April 19, 2010 at 3:00am
lance (arkansas):
For your situation there really isn't anything I can add to what I wrote in the article.
William Henderson on April 15, 2010 at 8:14pm
Chad (Illinois):
A new SF86 was approved on 10 March 2010. You'll have to ask OPM when they intend to implement it. The federal investigative standards that were approved in December 2008 (but never implemented) are now being revised. There has been no news on when they will approve or implement the revised standards. They might be testing it right now in a pilot program.
William Henderson on April 15, 2010 at 8:10pm
Background Investigation (Seattle):
No it should not cause a problem. I doubt that your responses were even included in the investigators' reports, unless the government agency involved was the FBI or DEA. Regardless of what may have been written down, the important thing is what you said. Investigators make mistakes.
William Henderson on April 15, 2010 at 8:07pm
I have just recently been hired on to a DoD contractor job. I had a TS SCI while in the service, and was honorably discharged 2 years ago. The contractor job I just was hired on to requires me to have a TS SCI - and I am in the process of filling out a SF86 for renewal. Once I got out of the service 2 years ago I did experiment with Marj once in college. It was a mistake that I do regret - what are my odds of continuing to have clearance/cleared job? Will this bar me from having TS SCI as a civilian contractor? I just was hired on after my 2 year stint out of the service, where I was attending college from then till now.
lance (arkansas) on April 14, 2010 at 9:28pm
LJ - if I were you, I'd be more worried about telling the investigators you committed fraud. It will come up when they check records of your residency. Unless illegally obtaining in-state tuition is no big deal...?
Mark Mikowski (Seattle, WA) on April 14, 2010 at 5:17am
I have heard of a new SF-86 that is suspose to come out. Is this true that they are changing federal Investigative standards?
If there is a new sf-86 when will it be implemented?
Chad (Illinois) on April 14, 2010 at 12:59am
I'm undergoing a background investigation for a T/S clearance. I'm already a current employed in the federal employment. In my first interview for employment in 2002 the background investigator asked me if I had in my lifetime experimented with any drugs. I thought about it and gave him a time frame of 1992 to 1994 freshman in high school "marijuana". The background investigator wrote down 1992 (I think). This was outside the 7 year time frame of the SF86. I was interviewed again and I gave the same answer with the same story. This time the Background Investigator wrote down 1993. I honestly can't remember the year that I tried it. Is this going to create a problem for me if there are two different years from my OPM personal interview?
Background Investigation (Seattle) on April 13, 2010 at 5:57pm
Mistake (DC),
Yours is a common tale. However, at this point, you need to be honest when you complete your SF 86/eQIP for the TS. Part of the investigation for TS includes a personal interview and interviews of associates (work, social, etc). If you have no other issues and have not used illegal substances in 14 months, and for sure since you got your Secret clearance, I do not see a problem with you being granted a TS. Good luck.
Bill L. (Annapolis, MD) on April 13, 2010 at 11:05am
LJ (DC),
In my opinion, your history is not that bad as to result in a public trust or clearance denial. Your alcohol abuse is not a pattern. As long as you have complied with any court-ordered requirements and have no other issues, I do not see a serious problem. Good luck.
Bill L. (Annapolis, MD) on April 13, 2010 at 11:00am
I got my secret clearance about a year ago when I was 20 for an internship. I ended up getting hired full time after graduating college early. I took a position that requires me to get a TS. I made the biggest mistake of my life by lying about using weed on my secret. I put that I hadn't but in reality i had used casually during college. Since then, I no longer associate with the people I used to. I have not touched weed in over 14 months. I never thought I would even still be in this industry. I fell in love with what I do, and don't want to lose it. I want to come clean on my TS. I was immature and simply did not know any better. Now that I have worked in my industry and am truly passionate about what I do, I realize what a mistake I made.
I also really don't want to lose my job. I believe what I do is important and actually helps people and I really don't want to lose that. What is your advice?
Mistake (DC) on April 12, 2010 at 11:58pm
I work in the engineering/IT field, two fields that are sought-after in clearance-related jobs, especially in the DC area. In any case, my skeletons are the following: I have 2-3 speeding convictions (no accident, just speeding while on the highway 20+ above the speed limit) from 4-5 years ago where I plead guilty and spent 1 day in jail; I have two DUIs, one occurred in the Pentagon almost 6 years ago (I took the wrong exit! Duh! Measured a high BAC) and the 2nd DUI (DWI charge was dismissed and I reached a plea agreement for a DUI) occurred last year in DC with a .10 (the reading is skeptical, as the breathalyzer printed something weird stating that the .10 was not an average, but the max value read... an investigation with the DC breathalyzers has resulted in them being flawed and my case may be re-done, dismissed or expunged... not sure, but I have currently paid, complied and completed everything that was requested from the court... I'm currently waiting to hear what will happen with the DC breathalyzer investigations)
Also, for about 3-4 years (within the past 7 years), I was going to school in a state where I did NOT live anymore (I lived there for many years though) and was using my old address in order to avoid paying high out-of-state tuition. I have a perfect credit record history and no other 'skeletons' as far as I can remember. I went to a professional counselor for alcohol dependency and was NOT declared an alcohol dependent person (I can go without a beer for months... I seldom drink at home, but when I have fun with friends at bars/club, I had my car available and did stupid things! After good times, I felt well to drive... there were no accidents involved on my DUI cases, but very bad luck - once slightly speeding and the other time took the wrong turn where cops were chilling having cola & donuts at the Pentagon)
What are my chances of obtaining a "public trust" or Secret clearance in the future? If I wait one more year for my 6-year-old DUI to become a 7+ year old conviction, will I improve my chances of obtaining a public trust/confidential clearance?
I am very seriously taking care of myself now and have begun to meditate and think about every little thing I do, since I do not want to commit any more stupidities such as DUIs. I have worked so hard to have a perfect credit and do everything else as well as I could, but my driving history embarrasses me. I also have a few other speeding tickets from 11+ years ago... again, no accidents, etc. just speeding tickets.
LJ (DC) on April 11, 2010 at 2:37am
Nicaragua 2 (Philadelphia):
I recommend you read my article on “Employment Suitability Versus Security Clearance” posted at http://www.clearancejobs.com/defense-news/83/employment-suitability-versus-security-clearance
If you are found unsuitable for federal employment, the agency can bar you from reapplying at that agency for a period of time. I think it’s a year, but I’m not sure. For certain types of disqualification, OPM can bar you from all federal employment for a longer period of time. There is at least one situation that can result in permanent debarment. Most if not all federal agencies do not allow a person to request permission to reapply for a security clearance for a period of one year following a clearance denial.
William Henderson on April 9, 2010 at 7:33pm
Levi (New York):
There are a number of Intelligence Community (IC) agencies that are authorized to use polygraph as part of their security clearance investigations. Whether or not a polygraph is used as part of the investigation, depends on the specific Special Acces Program involved.
William Henderson on April 9, 2010 at 7:23pm
Which governmental agencies polygraph test during/after the security clearance? I have heard that the CIA and FBI do, but do the DoD, DoJ, and DoS?
Levi (New York) on April 7, 2010 at 11:06am
To clarify, I'm applying for the FSO position at the State Department.
If you are offered a job and fail the security clearance, does that make you ineligible for future positions? Or does it simply mean that you must reapply once you satisfy the requirements?
Nicaragua 2 (Philadelphia) on April 7, 2010 at 10:44am
Hopeful (Seattle):
Look at the SF85P again. Question #21 on the form covers involvement with illegal drugs. The form is posted at http://www.opm.gov/forms/pdf_fill/SF85P.pdf
William Henderson on April 6, 2010 at 7:57pm
Nicaragua 2(Philly),
If you are applying for a DoD security clearance, MY opinion is don’t waste your time. DOD adjudication facilities will probably not grant you a clearance eligibility until at least March of next year. Since you aren’t specific regarding “infrequent” use, there is a possibility that you may get a favorable decision in September (six months after last use), but I doubt it. Good luck.
Bill L. (Annapolis, MD) on April 6, 2010 at 9:36am
Nicaragua 2 - I'm not an adjudicator, but marijuana isn't legal in Nicaragua so you would have to report it anyway. Don't omit the incident with the cookie or try to somehow rationalize it medically; it's still illegal and your use of it was illegal. Also if you went to a hospital it would be in your medical records anyhow.
I have no idea how long the FSO process is from end-to-end, it'd be a good idea to ask. I would say if you used pot less than 10 times total in college and your security clearance process starts in December or so, you might be OK. Being in the hospital for alcohol-related problems more than once ("couple other instances"?) could be a red flag, though. I would advise you to talk it over with your contacts over there.
Ed (DC) on April 5, 2010 at 8:00pm
Just in case my question slipped through the cracks, I thought I would repost:
I have been an infrequent marijuana user throughout college (I'm currently a senior) -- there were periods of more than a year where I didn't smoke at all. I'm now in the middle of the FSO application process -- I've passed the test, and am working on the essays towards the interviews in June. I was just in Nicaragua, where I did use weed, and something happened on the way back: I had eaten some cookies with pot in them (honestly to help me sleep through the descent with my two ear infections), but then I got really sick on the plane. I have a history of severe altitude sickness on planes, and this was exactly the same (a paramedic even said the weed was helping keep my blood pressure up, a good thing). They took me to the hospital, and documented that I had marijuana in my system and that that was one of the reasons I had come, even though I had been in identical situations without marijuana.
How can I explain this? If I used weed in March, will I be able to begin a security clearance process when it begins at the end of the selection process? I do have a couple of other instances of being in the hospital for alcohol use as a youngun in college, but these are things I have grown out of. Are such college mistakes excused?
Thank you very much
Nicaragua 2 (Philadelphia) on April 4, 2010 at 6:27pm
Hey Guys,
First off, thank you so much for the great service you are providing. I'm applying for internships with the U.S. Commercial Service for the summer and I have 2 quick questions:
1. On the USCS website, it states that interns simply go through a "security assurance check". Is this the same as a typical SF86 security clearance, or is this more of an shortened version? If I start the internship, it will be in just over a month and I have no idea how they would be able to do a full security check in such a short amount of time.
2. I guess this kind of goes with everyone else, but I've used pot on two occasions: in December and early last month. Both times it was used in strange places with people I didn't know, and I regret both incidents and I'm never going to smoke again. Since I used the drug not too long ago, would this be a big problem?
Thank you so much in advance!
EDIT FOR HOPEFUL:
Hey its me again. I did some more research and discovered that the form I will have to fill out is SF-85P. There is no questions relating to drugs on the form, so does this mean I'm safe from having to reveal my 2 times that I used marijuana? Thanks!
Hopeful (Seattle) on April 2, 2010 at 7:54pm
Joseph L. (NH),
You should not lie; it always catches up to you. As long as your prescribing physician tells investigators that you do not have a condition that could impair your judgment, reliability or ability to safeguard classified information, you will be good to go. Best of luck.
Bill L. (Annapolis, MD) on April 1, 2010 at 8:45am
HI , Short and to the point. I am going turn 60 years old shortly I was in the AF in the 70s. I got out and started my auto repair, restoration shop, my wife and I thought it was the right thing to do so i went into the air ANG. It was interfering with my work so i got out with 14 years in.
SOOO in 1999 we had the same thought ,so what the hell i reenlisted at 49 years old to finish up my 20 years. Well two years later 9/11 came, well you know what happened; they put in stop loss. FIVE years later they said OK back to your real jobs.
Well the shop went under in between.So they still have the Operation Enduing Freedom going for the AIR BRIDGE so I stayed on since I had no work that paid as much as E-6.
OK SO hears my bit I got very depressed three years ago my doctor put me on antidepressants, six months later I feel better than ever. I put in for job as a FPO IN KUWAIT. I have a conference call this weekend, I still take med. possibly forever. Lie or not? That sums it.
JOSEPH L (NH) on March 31, 2010 at 4:10am
Contemplative:
I'm sorry about your situation, and I wish I could offer some helpful information.
As you know use of marijuana is illegal under federal law, regardless of state law. There is a federal law that states: “After January 1, 2008, the head of a Federal agency may not grant or renew a security clearance for a covered person who is an unlawful user of a controlled substance. . . .” A covered person is a federal employee, contractor or military personnel. There is no waiver possible for this prohibition, so it completely precludes consideration of any mitigating circumstances.
Reinvestigations for Secret clearances are done at 10 year intervals. However, if you left the job where you held a Secret clearance more than 2 years ago, you will have to apply for a new clearance. If you currently hold a clearance or if your clearance is reinstated (because there was less than 2 year break in service), you will have to report any illegal use of drugs to your security officer as soon as it occurs.
William Henderson on March 30, 2010 at 9:14pm
Unsure (Colorado):
According to the DEA: “Clenbuterol is currently not controlled under the Controlled Substances Act (CSA). However, clenbuterol is listed by the World Anti-Doping Agency and the International Olympic Committee as a performance enhancing drug; therefore athletes are barred from its use. Presently, no states have placed clenbuterol under control.”
Clenbuterol is a prescription drug in other countries, and it is illegal to import clenbuterol into the U.S. for human use. I have no idea how your involvement with clenbuterol and oxandralone will be viewed by an adjudicator. It seems to me that you will have to answer “yes” to question 23c (illegal purchase/transfer/shipping/receiving of a prescription drug) for both clenbuterol and oxandralone.
William Henderson on March 30, 2010 at 8:50pm
tbb:
Foreign travel per se, no matter how extensive, is not a disqualifying condition. Of course if you have recently been outside the US for a few years, it may be impossible to conduct a background investigation that meets standards and therefore impossible to grant a clearance. Your illegal use of drugs is a potentially disqualifying condition that will be hard to mitigate because it occurred so recently.
William Henderson on March 30, 2010 at 8:23pm
No Name (VA):
The SF85 is not used for security clearances. In your case it will be used to conduct a National Agency Check with Inquires (NACI) for a federal employment suitability determination. Criteria for federal employment suitability are listed at 5 CFR 731.202.
My article on Employment Suitability Versus Security Clearance does apply directly to your situation but it contains information that my be useful to you. The article is posted at http://www.clearancejobs.com/defense-news/83/employment-suitability-versus-security-clearance
Information in the SF85 is protected under the Privacy Act. Individuals with a need-to-know will see it, including personnel in the government HR office. Some or all of the information can be released to other in accordance with the "Privacy Act Routine Uses" disclosure on the 2nd page of the SF85.
William Henderson on March 30, 2010 at 8:14pm
I have been an infrequent marijuana user throughout college (I'm currently a senior) -- there were periods of more than a year where I didn't smoke at all. I'm now in the middle of the FSO application process -- I've passed the test, and am working on the essays towards the interviews in June. I was just in Nicaragua, where I did use weed, and something happened on the way back: I had eaten some cookies with pot in them (honestly to help me sleep through the descent with my two ear infections), but then I got really sick on the plane. I have a history of severe altitude sickness on planes, and this was exactly the same (a paramedic even said the weed was helping keep my blood pressure up, a good thing). They took me to the hospital, and documented that I had marijuana in my system and that that was one of the reasons I had come, even though I had been in identical situations without marijuana.
How can I explain this? If I used weed in March, will I be able to begin a security clearance process when it begins at the end of the selection process? I do have a couple of other instances of being in the hospital for alcohol use as a youngun in college, but these are things I have grown out of. Are such college mistakes excused?
Thank you
Nicaragua (Philly) on March 30, 2010 at 5:11pm
I am preparing to fill out the SF-86 for my TS security clearance soon. I am attempting to compile all of the relevant information, but I also have a question about the drug use/activity section. Mostly I need to know what to report and your input on the impact/consequence of the "activity".
I have never tried any recreational drug at any time. However, I was a competitive bodybuilder for a few years and although I never got involved in the more serious anabolic steroids I did take a compound called "clenbuterol". It is simply a weight-loss formula sometimes prescribed in the UK but I do not know the exact status in the United States. I purchased it online and had it shipped to me. I took it for about a total of 4 weeks before a bodybuilding competition and then stopped.
Does this need to be reported in the drug use section? If so do you think it will have significant impact on my ability to get my clearance?
I also purchased another compound called oxandralone (it is a controlled substance anabolic steroid) from a friend, but never took it because I decided not to take that step.
If you could let me know what you think about the severity of these instances that would be helpful. I know I need to and will report the second instance, although I never actually took the substance. The first is more questionable. Thank you in advance for any insight you might provide.
Unsure (Colorado ) on March 28, 2010 at 12:55pm
I received an internship with the DIA pending a security investigation, including polygraph test.
I have smoked MJ before, most recently in late December/early January.
I dont smoke regularly, how will this effect my security clearance?
Also, I have Extensive international travel (Sailed around the world), does that effect me negatively?
tbb on March 28, 2010 at 12:21am
BTW. Thanks for your time. I really appreciate having the opportunity to ask these questions and remain anonymous.
On that note, I have another question. Who exactly sees the SF-85? Does the security agent keep personal info. to himself? Does the person hiring employees see the SF-85 form too, or do they only care if the potential employee obtains a clearance?
The reason I ask is because my dad works for the gov't, and he doesn't know my history. Obviously, I don't want him to find out...
No Name (VA) on March 26, 2010 at 9:32pm
I have been working for nearly three decades for a company that does a lot of business with the DoD. Until now, all of my work has been for non-classified projects. I have consistently received excellent reviews and I am well respected by my peers and management. I am active as a volunteer in various civic organization in the community, and well regarded there to.
Recently, my supervisor asked my if there was any reason not to put me in for security clearance. Although many of the folks I work with have clearances, in hindsight I suppose I was pretty naive about this. I told him that I didn't think there would be a problem. And I was so close to being right.
I have filled in my eQUIP/SF-86, and I must say with one exception, I would have to say I am a great candidate. No problems with family, debt, arrests, foreign issues, nor almost all drugs.
So, there is the problem. I have been what would be considered a frequent or regular user of marijuana for a long time. I have NEVER gone to work under the influence and would NEVER even consider it. I thought that I would be able to steer my way around this during the investigative process, but after reading posts here, I am convinced that I cannot be misleading on the SF-86. This is unfortunate, because I consider myself to be a very patriotic, responsible and upstanding citizen, and would NEVER to anything to betray the trust of my country. I know that I will have to chose between this next step in my career, or continuing to be a pot user.
Meanwhile, I have painted myself into a corner. If I am completely truthful on the form, I am certain I will be disqualified. I mustn't lie, but if I back out of the process now, this will raise eyebrows too. What is you advise regarding my delema? Further if I decide the give up pot for good (until I retire - at least), how long should I wait before I could apply with reasonable confidence?
TC (CT) on March 25, 2010 at 9:48pm
I am looking at applying for an internship, and I'm 20. If I am to be considered, I will have to fill out an SF-85. I don't know what to do now, because they ask about drug use. I had never used drugs until about Jan of 09. It all started when things started going wrong at home. I tried marijuana...and never planned to do it again. But, since then I have pretty much been a regular user for the past 5 months (of course now that I know about this form, this I am discontinuing from smoking).
I feel like I should not even try to apply for any internships because of that. Should I just wait until next year to apply so that I don''t have to answer yes to the drug question?
No Name (VA) on March 25, 2010 at 3:33pm
Bill;
Foreign nationals who are non-immediate family members are not an issue? One of my non-immediate family members is a lieutenant colonel in the Colombian Air Force (family members for half of my family are not American citizens but Colombian citizens). I did, as you surmised earlier, have a personal interview and stated that my uncle worked in the Colombian Air Force, but I did not remember at the time what his position was, just that he was up there. I've only seen him once in the last seven years and I speak to him every now and then over the phone. I imagine that the DOD system will require a further follow up for my secret clearance but do you believe that this is something I should be worried about?
I have an interim right now, would they be able to rescind it based on the fact that half my family are not American citizens (and my uncles involvement in the military there)? Thanks for all the help!
Joe (DC) on March 24, 2010 at 10:56am
I currently posses an active Secret Security Clearance, which I received in 2008. To my knowledge it is renewed every 5 years. At the time that I obtained my clearance I worked for a DOD contractor, that I no longer work for. I recently had a child and am now considering attempting to find another job through a DOD contractor.
My question is, If I attempt to obtain a Medical Marijuana Card, in what ways will this affect my clearance?
Will any consequences not show up until my clearance has to be renewed?
My criminal back round is completely clean, as well as my driving record. I've never been in trouble for anything. Which is why my clearance went through in a matter of a month.
I have been given many different types of medication for my medical conditions, and do not like the toll they take on my body. I rather not take addictive pills if I do not have to. My doctor sees eye to eye with me in my situation. I would just like to look into any, and all possibilities before I throw my clearance away.
I know my chances are grater in finding a successful job with a clearance. But at the same time, I do not like being in pain. Thank you for taking the time to answer my questions.
Contemplative (California) on March 24, 2010 at 9:12am
Pondering getting a clearance:
I am thinking of applying for jobs that require clearances but like a lot of people I have past drug use. Here is my history.
Marijuana use experimentation started young and probably used 5-10 times/yr in high school.
College Marijuana use was frequent on and off for 5 years (2000-2005) and I experimented with Cocaine (3 times) and mushrooms (4 times). I also used aderol without a prescription to help me study fairly regularly. I didn't do all that well in college either and dropped out for a semester mid way (unrelated to drug use).
After college (mid to early 2006) I pretty much gave up everything. Think I did Marijuana 4 times between 2006-2008. In late 2008 I did mushrooms again (the only other drug besides marijuana out of college) and pot for the last time. I have been clean since December 2008 and have been holding steady job at a great company, good credit, part time graduate school (doing well) etc since 2006. I am very far removed from a drug use environment and have absolutely no intentions of using again.
What are my chances for various levels of security?
Thanks!
Chris G (Bethesda, MD) on March 19, 2010 at 9:31am
Thanks Bill. This website is a really great.
So if I understand correctly TS/SCI is something even higher then just receiving TS and SCI will have it's own adjudicative policies depending on the particular agency. So I may be okay using the adjudicative guidelines above for TS?
Well, I already submitted my forms and I was honest about everything (which seems to be the best course of action in all these situations). I do wish they would add more space to the forms so I could give the circumstances and such for each instance.
Thanks!
Jake (LA) on March 18, 2010 at 4:07pm
Jake (LA),
You provide a tough scenario for an adjudicator. SCI is an access identifier above the TS level. Normally, contractor positions for SCI are connected to an “intel agency” and they are responsible for adjudicating SCI. Most intel agencies are somewhat harder on drug use, especially the recency and variety that you have described. Additionally, most intel agencies make use of the polygraph during their processing, so providing false information on the SF 86/eQIP and personal interview is never advised. My opinion is that you would not get the SCI eligibility until a longer period of time has elapsed since your last use.
Bill L. (Annapolis, MD) on March 18, 2010 at 9:28am
Nervous about life (NH):
This article offers some broad guidelines, but no one can give you an accurate estimate of the minimum amount of time you should wait before you will have a good chance of getting a clearance.
There are just too many variables involved, including the adjudicator and agency that decides your clearance eligibility and the “whole person” factors that will be taken into consideration in your case.
See my response to “Peace of Mind” on 3 Mar 2010 at 1:05 am (below) in which I gave 2 examples where one applicant who had abstained from drugs for 5 months was granted a clearance and another applicant who had abstained from drugs for 15 months was denied a clearance.
William Henderson on March 15, 2010 at 3:54pm
David (TN):
It seems that all of your marijuana use (1992-1997) occurred with the the 7-year time frame, if you submitted your SF86 in 1999. However, almost any suitability/security issue can be mitigated by “passage of time without recurrence” and/or by the unlikelihood of recurrence because the behavior was an isolated incident.
I think your chance of getting a TS/SCI is good, but no one can guarantee your success. If the State Department denies you a clearance, the information on which they based their denial can be provided to the US Army Central Clearance Facility (CCF). CCF will make its own decision whether to continue or revoke your Army clearance. It is my understanding that all NCOs and officers must be eligible for a secret clearance, so if your Army clearance is revoked (which I don’t think is likely), you may be prohibited from continuing in the ARNG when your current obligation ends.
BTW periodic reinvestigations for secret clearances should be initiated about 2-4 months before the 10-year anniversary of the date the last investigation was completed (not the 10-year anniversary of the clearance date).
William Henderson on March 15, 2010 at 3:37pm
I'm currently a college student looking for jobs right now. Six months ago I was arrested for possession of marijuana and for smoking in public. Those charges were eventually dismissed. For about a year before that incident I was a frequent marijuana user, and before that I was an occasional smoker. (I never smoked before college.) I quit smoking immediately after I got arrested as it was a huge wake up call. I see how serious the consequences of using marijuana are now that I'm looking for a job and don't think I'll be able to obtain a security clearance.
What can I do/ how long should I wait before applying for a job that requires a security clearance? Should I even bother applying to these jobs? I'm nervous that in applying for these jobs they'll find out about my past history and never consider hiring me in the future.
Thank You.
nervous about life (NH) on March 14, 2010 at 11:47pm
wondering? Yes, you should be concerned.
William Henderson on March 14, 2010 at 12:27am
I tried pot in 1992. I occasionally used it from 1993 to 1997 (and that was infrequently/socially), maybe a couple times a year at best. I was in my 20's then. I joined the military in 1998 and never looked back.
However, when I filled out my SF86 in 1999, I didn't report the pot use. I have had a Secret Clearance for 12 years now, and have NEVER even thought about pot usage (I've never even seen another drug for that matter). But it's always bugged me about the SF86. I also thought that the SF86 mentioned "7 years" in which case I wouldn't have been lying at all. I am now going for a TS-SCI, and want to clear my name. Will I get in trouble for that? Will I lose my Secret now and be booted out of the Army National Guard?
I am pursuing a job with the State Department, and they will be conducting the TS-SCI. This clearance will be separate from my current Secret with the ARNG, which comes due next year as well. I've never been in ANY trouble, etc other than the minimal pot usage. I've got great credit, never been in trouble with the law, and my last speeding ticket was in 1990. Thanks
David (TN) on March 13, 2010 at 4:30pm
After being offered and accepting a job, dependent on the award of a contract with a government contractor, I began the process of getting a Secret security clearance. Knowing that this process takes a long time to complete, I wanted to get going on it as quickly as possible. I filled out the SF86 in less than 24hours and thought I paid attention to every detail. After signing and submitting the form, I was going back over my answers and to my dismay, realized I used an incorrect date regarding past marijuana use.
I meant to put 2008, but instead put 2009 and did not catch this typo until I had already submitted the form. I contacted my Security sponsor and she said there is nothing she can do as it has already been submitted.
Now I am concerned this will ruin my chances of being granted the interim secret because it makes me appear as though I have recently used marijuana, when in fact, it has been well over a year. My record is superb in every other regard.
Should I be concerned about being granted an interim secret?
wondering? on March 11, 2010 at 3:31pm
HopingForClearance (WI),
Please see my comments to Starting Clean, below. Although your DUI seems to be more serious than his alcohol incident, it is over one year old and I think you have been clean enough. In my opinion, you should be granted a clearance eligibility. Good luck.
Bill L. (Annapolis, MD) on March 11, 2010 at 11:42am
Starting Clean (MN),
I applaud your wake-up call and efforts to do the right thing. First of all, provide truthful information on your enlistment application and security paperwork. Your drug use, although it seems like a lot, ended over a year ago and that demonstrates intent to avoid drug involvement. Your alcohol incident seems minor, but will show up in local agency checks, so don’t fail to list it. In my opinion, your clearance should be granted. Good luck.
Bill L. (Annapolis, MD) on March 11, 2010 at 11:38am
Justin,
In my opinion, your situation should not result in a clearance denial. Your last drug use seems to be about 2006, which will not be a problem. Your DUIs are 8 years old, also should not be a problem. Enrolling in a debt consolidation or credit reduction counseling program is favorable in that you are trying to be proactive to manage your debts. The issue here will be are you currently delinquent on debts and how much, as well as does your total debt put you at risk to be subject to pressure or coercion? Good luck.
Bill L. (Annapolis, MD) on March 11, 2010 at 11:32am
Anonymous,
You have raised a question that has plagued clearance holders for many years – reporting information on co-workers. However, the problem lies in the credibility of the information. If you have observed her use illegal substances, possibly in a social setting (picnic, concert, etc), you have the duty and responsibility to report her activity to the appropriate security official. Without evidence (date, time, location), it is your word against hers. She can always say she was just probing you or expanding on the true to fit in, etc. Sorry I don’t have a better answer for you.
Bill L. (Annapolis, MD) on March 11, 2010 at 11:26am
Joe (DC),
Do not worry about your drug use count. Using 25 times vs 24 times will not make a difference in the adjudication of your case. What will be more important is the date of last use. I suspect you will be interviewed and you can again express your intent to refrain from any drug involvement in the future. At that time, you can also make corrections to your eQIP regarding your family members living abroad. Unless they are living in countries whose interests are against the U.S., this should not be a problem. Minor errors in completing the SF 86/eQIP are not normally a cause to deny a security clearance eligibility. Good luck.
Bill L. (Annapolis, MD) on March 11, 2010 at 11:19am
I have had some things in my past that I'm concerned about, as I'm enlisting and I will need a secret clearance. From late 07-09, I engaged in what can be described as "frequent" use of marijuana, totaling about two to three times a month. I also tried ecstasy twice and mushrooms once in late 08. I got a DUI early 2009, and have been clean ever since (so a little more than a year now). I was also not the best student during this time.
Is there any chance I could get a clearance? If not, what would I have to do to prove that I am worthy?
HopingForClearance (WI) on March 9, 2010 at 5:01pm
I am enlisting in the Navy in a few days time, for a job requiring a secret level clearance (aviation rescue swimmer). I have some concerns about my past. I do not wish to lie on my SF86, as I wish to make a career out of this.
From around Sept 2007 to Feb 2009, I used marijuana on and off, with some regular usage totaling around 150 times. My high school friends that I had made (after transferring schools) at the time were involved with smoking, and I was initially pressured into it towards the end of my senior year. I also attribute my later heavier smoking to coping with my fathers diagnosis of non-hodgekins lymphoma, a type of cancer.
In late 2008, I lived in a college dormitory setting where drug usage was commonplace. I tried MDMA 3 times and psilocybin mushrooms 1 time during this time period, and felt awful from both so I stopped. At this time, my grades were beginning to slip and I was placed on academic suspension from a community college.
In Feb 2009, i got a misdemeanor Not-A-Drop (which is basically a lower level DUI...I was driving while under the influence, but I was under the legal limit..I believe .04 or .05). This was quite a shocker, and snapped me to my senses. Following this, I stopped smoking or doing any illicit substances as I realized what a negative impact this was collectively having on my future (although I occasionally still had a few beers perhaps twice a month, though never drinking to excess). I voluntarily went to a chemical evaluation for my court appearance, which revealed that I did not have a chemical dependence problem.
I began to use my time away from school constructively, and severed ties with most of my friends associated with drug use, with the exception of one or two of my close friends, who respected my choice to stop and never pressured me.
I have stayed clean, gotten a job which I have kept for over 6 months now, and am continuing to progress.
I enjoy life much more now away from chemicals, and have absolutely no desire to return to them.
Would I be able to obtain secret clearance, with the knowledge that this was in my past and I have made significant efforts to wipe my slate clean? (especially my decision to serve my country, hopefully until I am forced to retire)
Starting Clean (minnesota) on March 9, 2010 at 4:37pm
I joined the army national guard in 2002. I was in for 3 and a half years. On new years I smoked marijuana. I was discharged (general discharged). I got back into the guard a year ago, and now I am trying to switch to a MOS that requires a SC.
Will the discharged effect me even tho it was a general not dishonorable? I also have two DUIs on my record . One was in 2000 and the other was in 2002. I spent four days in jail before I went to basic training. I have not smoked marijuana since that new years. My wife has joined a credit card consolidation program because of high interest rates. Will this financial decision hurt me, as well as my past behaviors?
Justin on March 7, 2010 at 7:56pm
Strange question here. I have a co-worker at my job who recently received a secret clearance, regardless of the fact that she smoked marijuana regularly up until 2 weeks of getting a federal job. I know that she under-reported the frequency of use, but as long as the use had ended, it seemed harmless, and it wasn't my place to make OPM's decision for them. However, she recently told me that she's smoked marijuana during our employment, and after she received her clearance. She has no plans to self-report. Is there any way to report this? How should a co-worker (I also possess a security clearance) deal with this issue?
Anonymous on March 6, 2010 at 3:28pm
I recently submitted an SF86 and made several dumb mistakes that I only caught when looking through the PDF several days later. I filled out this form during the course of several months and did not check it completely upon submission.
I have non-immediate family members living abroad who I see often and whose relation to me I did not explain in the form. Hence it looks as if there are totally random foreign national contacts stated on the form. I did not mean to omit this information.
Additionally and much more seriously, I miscounted the number of times Id used a certain common drug in my past. The total I put down was 24 times in the last 4.5 years, but I miscounted one of the numbers and typed in an entirely incorrect number for one instance and the actual total is in fact 25.
I have all ready spoken with my security officer but since it was submitted through equip it cannot be amended. There is an extremely high chance considering the above factors, and the fact that I have been to several countries in the past 7 years, that I will be interviewed for the secret level clearance. If I explain the above, provide documentation that I attempted to contact my security officer and amend the situation, and state my continued intent to not use drugs, will together this mitigate the fact that there was incorrect information on my form?
I could even show them this blog in an effort to further state my case. I am very worried that I will either a) get into legal trouble and/or b) have my clearance denied due to stupid mistakes. Although my current job at my company does not require a clearance, it is extremely beneficial for future advancement. I would really appreciate any advice.
Joe (DC) on March 5, 2010 at 8:58am
Toby:
Don’t worry about the information you provided the Marine Corps. You have a perfectly good explanation for why there was less information on the paperwork done by the Marine recruiter. As for the rest of your question, see my response to “Peace of Mind” below.
William Henderson on March 3, 2010 at 1:19am
Peace of Mind:
I think your chance of getting a clearance is good, but it is only my opinion. Predicting such things is like trying to predict what sentence a judge will impose for a first-time DUI. I’ve seen different judges impose grossly different sentences for the exact the same set of facts. Depending on the judge and the jurisdiction, a first-time DUI sentence can range from a few hundred dollar fine with a little community service to a week of jail time, a couple thousand dollars in fine, suspended license, 3 years probation, 1000 hours of community service and a 3-month alcohol treatment program.
There are two cases that exemplify these differences and both were at DOHA. You can imagine the differences that are possible when similar cases are decided at completely different agencies. The first is Case No. 04-10404 (http://www.dod.mil/dodgc/doha/industrial/04-10404.h1.html) and the second is Case No. 09-00521 (http://www.dod.mil/dodgc/doha/industrial/09-00521.h1.pdf).
The drug use in both cases is very similar (there is little difference between using marijuana 70 times over a 9 year period and using it 120 times over a 3 year period). The one who hadn’t used any drugs for less than 5 months (last use to date of hearing) was granted a clearance, and the applicant who hadn’t used any drugs for 15 months (last use to date of hearing) was denied a clearance. If you read the case decisions, you will see that sometimes the deciding factor is the judge not the facts. Okay, the first applicant received counseling and had a little more going for him under the “whole person” concept, but only 5 months of abstinence following poly-drug use!
William Henderson on March 3, 2010 at 1:05am
William or Bill,
I am considering applying to be a Foreign Service Officer with State and my issue will be drug use.
I used THC off and on, regularly at times, from the the end of high school (2002) to first quarter 2009. Since the beginning of 2009 I have not taken any illegal drugs. From the period of 2003-2006 I used cocaine occasionally, and used it less than 5 times from 2006 to first quarter 2009. I also used opium once in 2004, mushrooms less than five times ending in 2006, and ecstasy once in 2004. Clearly this raises red flags.
By the time I apply, it will have been about 2 year since last use. My question is whether this is enough time, or should I wait another year? Is my pattern of use simply too much to overcome?
Further, this past year I approached a marine recruiter who took down my information and some of my drug use history. We stopped half way through the conversation as he said he would need to ask his advisers if such use would be OK (this is for a non-clearance role).
My question is whether this information will turn up in a clearance investigation, my concern being that the history on this form will be incomplete.
Thanks for your time.
Toby (US) on March 2, 2010 at 12:58pm
I have filled out the security forms and just had an interview with an investigator because I admitted to drug use on the forms. I have been completely honest and consistent on the forms and in the interview. I am 23 years old and used marijuana from Dec 2003 to Summer of 2007 with varying levels of frequency but at least once a week during that time period and up to 3 or 4 times a week (for about a one year period).
I have no record, financial problems, etc. I have since completed a graduate degree, gotten married, and been drug free.
I need a secret security clearance for my position. I have read the article, and given that I was in high school and college while I used and have no other faults, I feel I am OK. However, I would like the opinion of someone more knowledgeable than I as to whether my clearance will be granted.
Thanks!!
Peace of Mind (Aberdeen, MD) on March 2, 2010 at 11:42am
Anonymous (CA),
You situation is a tough call. This will certainly be an issue the employing agency looks at as your history clearly falls under the adjudicative guideline that states that illegal drug use after being granted a security clearance is a condition that could raise a security concern.
My experience is that some “intelligence” agencies are very hard on this. However, most realize that it is important to weigh the skills a person brings to the table. Your 2+ years since last use will be looked upon as favorable. I urge you to be honest in completing all employment and security forms and during any required polygraph process. Good luck.
Bill L. (Annapolis, MD) on March 2, 2010 at 11:03am
Hello Bill, I have a question for you. I recently was honorably discharged from service a short while ago. I received a TS/SCI while in the military. I was honest during my investigation and let it be known I had tried marijuana 3-4 times in the past. It was basicly a non issue, I got my clearance with no problem.
In 2007 while home on leave I smoked marijuana again one time while possessing a TS/SCI. Also, sometime during late 2006 early 2007 a co worker (who also has a TS/SCI), gave me a couple of percocet painkillers which I did take. Since those two instances from early 2007 I have not taken any drugs. Now that I am discharged I have been receiving job offers to be a contractor. I still have an active TS/SCI and am aware I will probably have to get a poly for employment. I plan on being honest on any paperwork as well as the poly and telling them the truth, but what is the likelyhood this is going to become a problem and what possible repercussions will there be?
Anonymous (California) on February 23, 2010 at 5:47pm
Patrick (FL),
First of all, stop worrying. Your first issue is a non-issue. Asthma has never been (to my knowledge) a reason to expand an investigation or deny a security clearance eligibility. The admission of asthma would have been for your induction physical so the doctor could evaluate your fitness to begin and complete basic training.
Secondly, once the eQIP has been sent to OPM to conduct the investigation, you can not amend it. However, a TS clearance investigation requires a personal interview. During the interview, you can explain that subsequent to completion of the eQIP, you became aware of the debt and paid it. Since you were not aware of the debt prior to completing the eQIP, you did not deliberately falsify the information. Good luck.
Bill L. (Annapolis, MD) on February 23, 2010 at 11:18am
Bill,
Thanks in advance for taking a look at my question. I have a two-part question.
First, I am in the DEP program for the Air Force and my job requires TS Clearance. During MEPs we were asked if we had symptoms of asthma after the age of 12. I had mild symptoms earlier in life, but not after the age of 12. So I answered "no." But now that I'm learning more about the background check I'm seeing places that even if you had asthma prior to the age of 12 you still need to put that down on your application at MEPs. I was unaware of this, and don't think I can amend the app at MEPs. It raises concern because if the SSBI goes back into my medical records they will see the asthma as a child won't that contradict what they were trying to figure out at MEPs? The only prescription drugs associated with asthma were preventative inhalers that we kept in the house just in case any symptoms recurred, which never happened. That being said, my family still purchased some of these meds after I turned 12 for preventative measures. I'm just nervous at this point in time, any suggestions?
Second, I did a credit check on myself even after the Air Force did one on me in order to get a better idea of what they were looking at. On the Initial credit check done by the AF we found a charge that had been turned over to collections, I didn't know what it was for (2004) and I paid immediately based on the AF credit policy for entrance. Once that was cleared, I was accepted into the AF. More recently the credit check I did on myself (using all 3 credit reporting agencies) found that there was one more that had been in collections, but NOT found by the AF credit check. Again, this was from 2005 and I paid right away but on my SF 86 I didn't list it because I filled that out before I checked my credit on my own. Can I amend the SF 86 upon arrival at basic training?
How often do investigators obtain childhood medical records?
I'm really worried, I just wanted to fill out everything correctly and now it seems the more I learn the less confident I feel about my responses on the application.
Your expertise is greatly appreciated.
-Pat
Patrick (Florida) on February 20, 2010 at 12:22pm
Benny (MD),
There are 2 possibilities – one is that you were denied an interim clearance/access, in which case there is no SOR because you can not appeal an interim denial.
The second is that some “intelligence agencies” read the directive for SCI access eligibility (Intelligence Community Policy Guidance 704.3 and prior Director of Central Intelligence Directive 6/4) as they can deny the eligibility, and then afford you the SOR and rebuttal process.
If you want more definitive guidance, I suggest you contact an attorney who has experience in the security clearance arena. There are several very good ones in Maryland. Good luck.
Bill L. (Annapolis, MD) on February 18, 2010 at 11:23am
Thanks for the feedback Bill...
After I turned my SF86, maybe a month later my first contact after turning my paper work was to take a poly. I was instructed by Security Officer that if I didn't' receive results right after the poly, to give her a call 2 weeks later. A week later, I had my security interview, which I felt went well, I remained consistent with my sf86, and from my poly...So I waited the 2 weeks and gave my security officer a call regarding the poly. There I was told that my security clearance was denied. She told me that I would receive a packet explaining the reasons behind it.
The thing that threw me off for a loop was after I was told I was denied, myself, my references, professors, and past employers were still being contacted by the investigators regarding investigating my background. This is the first time I've ever been thru this process... I was under assumption before making the a decision on a denial, the investigation has to be completed. So, I'm waiting at the bit for this SOR, to see what happened... Because at this point I don't know what is going on....
Bill one more thing I noticed in your last response...
You mentioned I should receive a SOR or LOI before the denial of the clearance?? Could you elaborate a little more on that... This is the first time I've ever been thru this process, and I'm clueless..
Benny Palmer (MD) on February 16, 2010 at 10:41pm
Kay,
I can not speak to State Department procedures, but keep your chin up. In my opinion, your minimal drug use 5 years ago should not prohibit you from being hired by the government nor should it stop you from being granted a security clearance eligibility. Good luck.
Bill L. (Annapolis, MD) on February 16, 2010 at 2:24pm
Benny (MD),
Under the various directives implementing the Personnel Security Program, there is a procedure that all agencies are supposed to follow when information indicates that an individual should not have a clearance eligibly. Specifically, after a review of the completed investigation, the adjudicator initiates a notice to the individual called a Statement of Reasons (SOR), aka Letter of Intent (LOI). The SOR is sent to you, usually through your servicing security officer, and you are required to acknowledge receipt and indicate whether or not you will submit a response.
You usually have 60 days to submit the response or the clearance is denied. If you submit a response and the clearance is denied, the adjudicator initiates a letter of determination (LOD) sent to you through your security officer. The LOD tells you the clearance was denied and gives you information on how to appeal the decision.
There is no established time frame for how soon after completion of the investigation the adjudicator must take action. Hope this info helps.
Bill L. (Annapolis, MD) on February 16, 2010 at 2:20pm
Mac (San Diego),
Your situation has several issues to address. First, chances are slim (though not impossible) that the differences in your SF 86 applications will be identified. The 2 SF 86’s will be sent to 2 different investigative agencies (OPM for the USMC and the FBI) and the results will be sent to 2 different adjudication facilities (DoNCAF for the USMC and the FBI). So chances are slim that either adjudication facility will see both SF 86’s.
Next issue – falsifying the USMC SF 86. I have 34 years military experience (Active and Reserve) and ANY recruiter who tells anyone to deliberately falsify a form to get the training, assignment, or skill they want should be slapped down and reclassified posthaste. I know they are under pressure for quality applicants and a monthly body count, but it is wrong. Recruiters can only tell you what the regulation says about a skill prerequisite or their past experience, but they can not accurately predict the adjudicative outcome of your SF 86 submission.
In my opinion, your minimal drug use 5 years ago should not prohibit you being granted a clearance or being assigned to intel duties. Good luck.
Bill L. (Annapolis, MD) on February 16, 2010 at 2:10pm
Rick (Mexico),
I can not speak for the State Department (who probably adjudicates US Embassy personnel), but a military adjudication facility would probably grant you a clearance eligibility. Your DUI is old and your minimal drug use is 1+ years old. If your delinquent credit amount is not too much, it will probably pass. I suggest you get a current credit report from the 3 leading credit reporting companies and if any info is erroneous, take action to get it corrected. Good luck.
Bill L. (Annapolis, MD) on February 16, 2010 at 1:48pm
Pat (FL),
In my opinion, your chances are good to be granted TS/SCI eligibility. Your drug use is 5+ years old and your other criminal conduct is 11+ years old. Keep in mind that most DIA positions require a polygraph, so provide accurate (to the best of your recollection) and consistent answers when completing the form, during your personal interviews and during your polygraph interviews. Good luck.
Bill L. (Annapolis, MD) on February 16, 2010 at 1:43pm
My brother-in-law is a civilian working for a DOD contractor. Last fall he was arrested for possession of prescription pain killers; a short time later he was also arrested for DUI (alcohol). He is terrified of losing his security clearance (and his job), and he is absolutely convinced that there is nothing he can do to prevent this from happening. He attends AA meetings but continues to drink because, he says, stopping won't make any difference. The stress and fear -- and his drinking -- have really taken their toll on his judgment, and, under the current circumstances, I'm sure he WILL lose his clearance. Until recently he was a valuable, smart, dedicated employee.
Besides the obvious advice that he should address his drinking problem, are there any steps he can take to prevent what he believes is an inevitable outcome? Thank you.
MW (Seattle, WA) on February 16, 2010 at 12:45pm
What a wonderful and informative site.
I interned as an undergrad w/DoS overseas w/what I assume was an interim security clearance. While interning I took a hit of a marijuana cigarette offered to me. I was with a foreign national and a US citizen. The reason I only took one hit was because immediately I realized what a terrible mistake this was.
I smoked again (1) later that year and used adderal a several times (4?) that year. Why? I was going through a lot of changes and not knowing what the next steps in my life were.
Now, it is over five years later. No drug use since. Moved. Worked. Entered a graduate program. In short, grew up. I was considering applying to an internship w/DoS, or another gov agency, feeling that a good deal of time had passed and perhaps I had redeemed myself. But looking at the SF86 and question about drug use while holding a security clearance is terrifying.
Will I get thrown out for an interim? Would being thrown out on interim mean no chance for internships? Would it be better to wait and let more time elapse ? Will I ever be able to hold a security clearance? Is gov employment a dream I can ever hope to pursue at this point or something to toss in the garbage?
Kay on February 15, 2010 at 6:01pm
How long doe it normally take to receive a Statement of Reasons, after a denied clearance?
Benny Palmer (MD) on February 14, 2010 at 10:01pm
So this is a little lengthy please bear with me. I was an active duty officer in the Marine Corps from 2001-2005. I received an honorable discharge and have been working a civilian job ever since.
When I left the Marine Corps I had no desire to ever return though I was still a member of the IRR and am currently a member of the IRR. In September of 2005 while engaged to another former Marine Officer I made the mistake at his best friend's wedding of taking a hit of Marijuana for the first time in my life. I've never done any drugs before and that was the first and only time. This was 5 years ago. Currently I'm in the application process with the FBI and there policy is, as long as the use wasn't significant or in within the last 3 years it shouldn't be a problem. However, they do ask that you disclose all information of prior use so I did. FBI is fine with this.
Concurrently I've been offered the opportunity to change my MOS in the Marine Corps reserves to intelligence, which would also require a TS clearance. The Marine Corps has a "zero tolerance" for any kind of drug use following already served time. My prior service recruiter said that if I say yes on my clearance forms I'd be disqualified from serving in a reservists capacity forever. He gave me guidance not to disclose this information.
The FBI however will make me put yes on my SF-86, because it asks you to go back 7 years. So my long winded question is, if I have two TS clearance checks going on at the same time and they have mismatched info in the marijuana use area, will I be denied and will the military discover what the other said? I
Thank you for the time!
Mac
mac (San Diego) on February 11, 2010 at 11:46am
Hi, Bill (or anyone).
I fear that I may not get security clearance with the U.S. Embassy due to my past history of occasional drug use, an alcohol-related incident and delinquent credit. Sounds bad already, doesn't it?!
I last smoked marijuana over a year ago. That was one time. I did other illicit drugs perhaps 5 years ago. That was a few times only with a couple months time.
I had a DUI almost 15 years ago. That was B.S. But I got it, anyway.
My current credit is bad to poor, due to not being able to make payments because of financial difficulty over the last several years. So I have a few bad marks on my credit.
I´m 39 years old, if that makes any kind of impact.
So...would I most definitely be denied security clearance?
Thanks.
Rick (Mexico) on February 11, 2010 at 1:18am
Hello, 30 year old applying for TS/SCI for DIA intel position, and I'm a bit nervous. I used marijuana occaisionally from ~2000-2004, about 15-20 times. I have since moved, went to grad school, got married and started a family, no drug use or contact with drug users. I also have an underage drinking and property damage citation (the prop damage was dropped) from 1998. Do I have a shot? Any feedback is much appreciated.
Pat (Florida) on February 10, 2010 at 6:42pm
Steve (FL),
The only advice I can give is that you should always answer questions concerning employment, suitability for employment and security clearance questionnaires honestly. Many who don’t are caught in the lie and that is worse than what they are trying to hide. For a TS clearance, whether DoD or not, the investigation usually entails interviews with your present and former employers, personal references, employment references, neighborhood references, people with knowledge of your periods of unemployment and possibly knowledge of your education. And any ex-spouses. Also, you will undergo a personal interview and good investigating agents can tell when people are "fudging" the answers. Again, I urge anyone working in any capacity with the government to answer questions and complete forms honestly based on the questions asked.
Bill L. (Annapolis, MD) on February 9, 2010 at 11:50am
Bill H and Bill L,
I am currently in the process of submitting my SF-86 for TS (non-DOD). I completed SF-86's in the past, admitting only to experimental marijuana use until 2003. But I have continued to dabble infrequently in cocaine and marijuana up until about last year. There is no record of this use, and while I would be happy to admit it now, I fear that admitting misrepresentation on the earlier SF-86's (one as late as last year) is probably riskier than continuing with the earlier story (especially since only a personal reference could reveal the true extent of my use). Given the background investigation, what is the likelihood that my real drug use will emerge? Do I have a chance to make things right now? And would such an admission widen the scope of the drug component of the investigation? Thanks for your help. And great website!
Steve (FL) on February 8, 2010 at 6:28pm
Swampee (Fla):
The adjudicative standards for a Top Secret clearance are exactly the same as for a Secret clearance, only the investigations are different. So if you previously disclosed your past drug involvement for your Secret clearance, you should have no problem getting a Top Secret clearance. Not all federal law enforcement positions are equal, so there may be differences in federal employment suitability standards for the two positions.
William Henderson (Pacific Grove, CA) on February 1, 2010 at 5:26pm
Hmodeous:
Did you read the article? You have no hope of being granted a security clearance until you decide to permanently stop your illegal use of drugs. I don’t recommend you even apply for a clearance until you have made that decision and have abstained from marijuana use for at least 6 months. You will have to check with a military recruiter about you eligibility to join the military for a position that requires a security clearance. The 3 traffic violations are very minor and don’t even have to be listed on the clearance application form if the fines were less than $300 each. The fighting is also a relatively minor matter, if it is not part of a pattern of misconduct/rule violation.
William Henderson (Pacific Grove, CA) on February 1, 2010 at 5:18pm
Hello, I am in the process of applying for a TS clearance and wanted to know how would my past use influence a decision on me getting a clearance or not. I used ecstasy 1x (1pill) in December 2000 and 1x (1pill) in Jan 2001. Marijuana 1x (1joint) in December 2003. I have had a Secret clearance before, but am worried that TS may be more strict. The clearance is for an LE position. My past position was LE as well. Thanks.
swampee (Fla) on January 29, 2010 at 5:58pm
Thanks, Bill L, for your response!
bristolboard (California) on January 29, 2010 at 12:17pm
I'm 21 year old and am now certain I want to join the army and train to become a linguist/translator.
My question is will I receive security clearance if I smoked marijuana in my junior year of High school, quit and now I might smoke occasionally maybe 3 times a month... I never had any arrests because of the drug but did spend the night in jail for getting into a street fight, I also have received 2 speeding tickets and a red-light ticket just recently!! I understand I'm a hot headed young kid but I'm learning and want to be in the military, can I have hopes of gaining clearance?
Hmodeous (Bay Area, California) on January 29, 2010 at 12:33am
Bristolboard (CA),
If you do not use again and no other issues develop (finances, etc), I see no problem with you being granted a Secret clearance eligibility. Good luck.
Bill L. (Annapolis, MD) on January 28, 2010 at 11:59am
I'm 21 years old seeking to go into the cyber security field. I know eventually i will need at least a secret security clearance. I'm graduating with a degree in Business administration and will get an MBA in information assurance and security.
Last year I experimentally used Marijuana in March-April; stopped for 6 months then used it again 3 times from November to December. My New Year's Resolution was to quit indefinitely, which has so far worked. I was wondering what would my chances be on getting a Secret or TS security clearance? I probably wouldn't be getting the Cyber Security Job until after the MBA around 2012? I have a clean record apart from that.
Bristolboard (CA) on January 27, 2010 at 12:32pm
Bill L:
Thanks for your comments. The AJ's decision in that case really surprised me.
William Henderson (Pacific Grove, CA) on January 26, 2010 at 8:45pm
SEY (NM):
I don’t know how long it is now taking for DOHA to issue a decision following a hearing, but last fall most hearing decisions were issued between 8 to 12 weeks after the hearing date. I’m not aware of any way to speed up the process. DOHA’s telephone number is 866-231-3153, but I think it’s much too early to inquire about your case.
William Henderson (Pacific Grove, CA) on January 26, 2010 at 6:58pm
Bill H.,
I agree that this decision is out of line for the norm. The decision is barely 1 year after last use. The falsification was deliberate and was not corrected in a timely manner. Also not reflected is the level of clearance/access and the type of investigation conducted. If he held a “Q” clearance/access, he would have required a SSBI and had a personal interview conducted. If so, he also falsified any statements to the investigator. A moot point, but his more recent history (4 times from 2004 to 2008) hardly seems to warrant the intensive program he became involved in. Of course, if he is paying for it, the providers will treat him as he wants. Also a moot point is if he got custody of the children with this history, how bad was the ex-spouse? Perhaps the AJ was indulging… Only kidding, but I do not agree with this decision. I do not see mitigation of the falsification or the drug use.
Bill L. (Annapolis, MD) on January 26, 2010 at 11:32am
I had a appeals hearing for my denied secret clearance as a contractor. My question how long is the average wait time for the Administrative Judge to make a decision after the hearing which in my case closed on Dec 11 2009. Is there any way to speed up the process or someone to contact to make sure it is not lost or misplaced and is still be worked on.
SEY (NM) on January 26, 2010 at 11:29am
Bill L:
I recently read a February 2009 DOE OHA clearance decision, and I would appreciate your opinion on it. Subject (now about 47 years old) used marijuana regularly from 1981 to 2001, intermittently from 2001 to 2004, infrequently from 2004 to June 2007. He submitted an SF86 to DOE in November 2006 in which he denied any drug involvement in the past 7 years and signed a DOE document that stated he understood that any future drug involvement could affect his clearance eligibility. Subject was granted a DOE security clearance in August 2007. Subject used marijuana twice, 14-15 June 2008, with friends at a music festival. On 21 June 2008 Subject self-reported his drug use to his supervisor and later to the DOE security office. On 30 June 2008 he enrolled in a drug treatment program, which he successfully completed and later enter an after-care program. He also joined a church-based support group for substance abuse. In July 2008 he divorce. The AJ restored Subject’s security clearance. The entire decision is posted at http://www.oha.doe.gov/cases/security/tso0707.pdf. This seems totally inconsistent with other drug involvement decisions I have read. What do you think?
William Henderson (Pacific Grove, CA) on January 23, 2010 at 7:13pm
Mike:
You are obligated to self-report your arrest and your use of marijuana (if any) to your AF Reserve unit security manager. Do this immediately. Hopefully this whole matter can be properly reviewed, investigated if necessary, and adjudicated before you have to make a decision about reenlistment.
William Henderson (scmauthor@lastpostpublishing.com) on January 22, 2010 at 11:38pm
Ben:
Check out the article I wrote on "Misuse of IT Systems and Security Clearances" at http://www.clearancejobs.com/cleared-news/89/misuse-of-it-systems-and-security-clearances
William Henderson (Pacific Grove, CA) on January 22, 2010 at 3:04am
I'm undergoing a TS investigation, and I have a few marks that stand out on my record. I am 23 now:
- Marijuana use, 40 times over 2003-2005, and twice in April 2009
- Shrooms, once in 2004, once in 2006
- Driving While Ability Impaired due to alcohol (a traffic violation, a lesser DUI infraction), occured 5 years ago
- Disorderly Conduct, a result of being caught with a fake ID used to enter bars, 3 years ago
Thats pretty much all the bad stuff on my record. Any idea what my chances are? Thanks for your help.
Will (San Diego) on January 21, 2010 at 6:47pm
I am currently in the AF Reserves and am coming up for reenlistment. I had an incident this past August where I was arrested for two misdemeanors’; drug paraphernalia and possession of marijuana. My lawyer had the possession charge thrown out. My concern is that I possess a secret clearance and am going to be coming up for my reevaluation in 3 years. I know I really messed up and other then this offense my record is clean since I have been in the military. Should I reenlist and risk losing my clearance and an honorable discharge? I also plan on pursuing a GS position once I graduate with my bachelors next year. This is ultimately my concern relating to this issue.
Mike (Wichita Falls, TX) on January 21, 2010 at 3:13pm
Ben (PA),
Let me start with the easier issue. Your drug use was isolated to a short period of time 3+ years ago. This should not be a problem. It is commendable that you are trying to help your friend. Most intel/SCI agencies require you to sign a statement attesting to your efforts to refrain from any future association with drug users. The downloading software illegally is a little trickier. Depending on the time frame of this act, intel agencies may not be inclined to take a chance on you. However, the eQIP/SF 86 question (27.c) asks “In the past 7 years have you … used software…?” and I think your answer should be “yes” and explain. Most intel agencies also use a polygraph in the application process and you don’t want to be caught in providing erroneous info on the eQIP/SF 86. Good luck.
Bill L. (Annapolis, MD) on January 21, 2010 at 10:04am
David (USA),
I believe the requirement for an SSBI is to go back 10 years. Regardless, the question regarding criminal conduct (Police Record, Question 22) asks “Have you EVER been charged with an offense(s) related to alcohol or drugs?” So you must report your arrests in 1997/98. If these are your only issues, I do not see a problem with you being approved for a public trust position. Good luck.
Bill L. (Annapolis, MD) on January 21, 2010 at 9:55am
Dan (CA),
You need not put anything on your eQIP/SF 86 about a conflict in information between your form 4 years ago and the present submission. Just complete it with accurate information. If you have no other issues than marijuana use 5+ years ago, I do not see a problem in you being granted a TS eligibility. Good luck.
Bill L. (Annapolis, MD) on January 21, 2010 at 9:50am
This website is very good, thank you for all the advice.
Can I ask a question? I have an offer for an intelligence position requiring TS/SCI. I have two concerns.
I've used marijuana probably 15 times, these were all over a period of about 20 days in August of 2006, when I was 20, and a sophomore in college. I haven't used anything since then, and I rarely see the people I used marijuana with, but I still see two or three of them very occasionally-- maybe once or twice a year when I visit my family.
One of these people is a serious screw up who does hard drugs. I became friends with him when we were 15, and I've seen him recently because I felt like I should try and help him. I gave him the name of a psychiatrist and tried to talk to him. He is still using heroin and cocaine.
Also, I've downloaded software illegally to replace my Windows OS when my PC crashed. Is this likely to pose a serious problem?
I don't know if anyone is still looking at these, but I appreciate any help.
Ben (PA) on January 12, 2010 at 12:48pm
Hello. I am in the process of getting clearance for a position of public trust (single scope background investigation). I have two questions: The SQ 86 form asked about arrests/convictions in the last 7 years, during which time I had none. I assume though, that they will know about any arrests anytime in my past, correct? If so, I was arrested for posession of a small amount of pot twice, in 1997 and 1998. Both of which were cleared from my record after completing court supervision. I have been clean for the past few years. What are my chances?
David (USA) on January 7, 2010 at 11:41am
Hello,
Quick background: I've had a secret clearance for about 4 years now. I plan on applying for a TS for a different position in about a year. On my original SF-86 4 years ago, I regretfully neglected to put down that I had tried marijuana a few times a year or so before that (didn't think anything of it...stupid). I definitely plan on putting it on my form this time around, as I've learned a thing or two about integrity since then. My question is, do I just fill out the form and put down the drug use and nothing else? Or should I put a comment in there about how this section would conflict with my previous SF-86 from 4 years ago?
Thanks in advance.
Dan (CA) on January 6, 2010 at 11:08pm
Risky Business (USA),
Ethics violations are one of the most difficult issues to adjudicate. Speaking from many years at a DOD adjudication facility (CAF), normally if you resign or are terminated from employment, the CAF can close your case (remove your clearance eligibility, typically cited in JPAS as “loss of jurisdiction”) as you are no longer affiliated with the Government. If you leave employment and are immediately hired in support of the Government and require a clearance, the adjudication action can continue. Upon completion of your organization’s investigation, they should submit all info to the CAF that services your organization. If you provided a statement during the investigation, that statement should be provided as well. The CAF will weigh all available credible info (documents, statements, legal analysis, etc) and has the option of requesting that you provide appropriate investigative forms and an investigation can be initiated through OPM (or other appropriate investigative agency) to obtain more info.
Bill L. (Annapolis, MD) on January 5, 2010 at 9:39am
Greetings.
How does termination for an ethics violation/perceived misconduct (based only on company's findings) affect ones current Secret/TS clearance?
Would it be better to resign if in the middle of an investigation (before the company's conclusion, whether right or wrong) to save your clearance?
What is the real risk of the adjudication board weighting the company's findings?
Risky Business (USA) on December 31, 2009 at 12:00pm
I am 45 years old and I am graduating this May with my Bachelors in Business Administration. I have just started applying for jobs in the federal government. I would love to work for Homeland Security.
My skeletons: Had an affair with a neighbor & am currently separated from my husband. We will be divorcing (he had an affair as well, and is an alcoholic). Behind on all credit cards because of the marital situation; working with a bankruptcy attorney - one year now. Not going to file bankruptcy yet until I get final approval on loan modification on mortgages. Smoked pot in August of 2008 on a camping trip (had an anxiety attack - daughter going to college; bad marriage), and a couple of times previous to that (less than 5 times in 25 years total). On Wellbutrin (prescribed by primary care doc) to help with quitting smoking, and on Celexa (prescribed by ob/gyn) for PMDD (severe PMS). Not-yet-ex husband has multiple DUI's; leaving the scene of an accident. His girlfriend (a neighbor/past friend/ex-wife of my lover) will surely throw me under the bus in any way that she can during a security interview.
Besides the above, have been consistently employed (almost 10 years at current position - public sector), with exceptional performance appraisals; became a Realtor (#2 Salesperson of the Year); went back to school full-time (GPA of 3.90) and will be getting my degree in May; active community volunteer ("Coats for Kids", etc.), and parent to two teenagers. All of my past employers should give me exceptional recommendations (have left every job on extremely friendly terms).
What are my chances? I want this so much, but am afraid that my current indiscretions might hold me back. Thank you for your help.
mel (Massachusetts) on December 29, 2009 at 4:36pm
Bunde (DC),
You raise several questions and I will try to address each. First, I offer congratulations on turning your life around and being a productive and successful person. However, you must be prepared to be interviewed and discuss your period of unfortunate incarceration.
Most Federal forms are specific in their questions regarding employment, residence and involvement in criminal conduct/drugs, whether the form involves employment application, security clearance, or public trust/IT position. The forms typically ask “Have you ever” or “In the past X years, have you” been arrested/charged for a felony, or any crime involving drugs/alcohol or defaulted on any financial obligation. I urge everyone to complete forms honestly.
You may not have to provide this info up front, but you will for investigative purposes. In my opinion, agencies such as the FBI, DHS, DEA and possibly State (due to your overseas conviction) may not accept you for employment, let alone clearance/access.
Due to the Bond Amendment (Public Law 110-81), you will not be eligible for a clearance/access involving a Special Access Program, Restricted Data access or access to Sensitive Compartmented Information. My opinion also is that your chance of getting a DOD Secret or TS clearance eligibility is medium, but you will be questioned about your arrest, conviction, etc. Good luck.
Bill L. (Annapolis, MD) on December 29, 2009 at 9:52am
Deryck D. (NJ),
The type of discharge you listed and the period of time since your drug use (assuming you have no other issues) should not preclude you from being granted a TS clearance eligibility/ITL 1 access. Good luck.
Bill L. (Annapolis, MD) on December 29, 2009 at 9:33am
Human (USA),
You were not specific in describing your “experimentation” and that holds the key to your answer. I have seen cases where an individual claims they “experimented” with marijuana 200-300 times over a 10-year period. That is not the definition of “experimented”. If we agree on and use Mr. Henderson’s definition in the above article (6 times or less), then I don’t see a problem with you being granted a clearance eligibility. I stress that you be honest in completing your forms and during interviews with investigators. Good luck.
Bill L. (Annapolis, MD) on December 29, 2009 at 9:30am
Jason:
No. But that doesn't preclude employers (federal and private) from requiring drug test for employment suitability purposes.
William Henderson (Pacific Grove, CA) on December 26, 2009 at 12:49am
Deryck D:
The adjudicative criteria for secret and top secret clearances are exactly the same; only the investigations are different. If a person is eligible for a secret clearance, he/she is also eligible for a top secret clearance, provided the more comprehensive investigation does not develop any additional unfavorable information.
The adjudicative criteria for Public Trust positions can vary from position to position and from agency to agency. But as a general rule the same principles apply to the adjudication of Public Trust positions within the same career field as they do for security clearances. DoD uses the terms IT-1, IT-2, and IT-3 (also known as ADP-1, ADP-2, and ADP-3). I have never heard of ITL1 and ITL2, but I believe they are the same as IT-1 and IT-2. These are all Public Trust positions. It appears that your new position will be a combination Public Trust and National Security position with an overall sensitivity level of “Critical Sensitive,” even though you will only require access to Secret information. All critical sensitive positions require a Single Scope Background Investigation (SSBI). Absent any new potentially disqualifying information, you should have no problem getting the higher level clearance.
William Henderson (Pacific Grove, CA) on December 26, 2009 at 12:45am
11 years ago I completed 16 months of jail time in a European country for trying to smuggle a large quantity of cocaine. I knew what I was doing but it was a very bad time for me as I was thinking suicide and as result reckless. Prior to that, I tried cocaine one time and marijuana a few times but that's about it. I used to look upon it with a lot of shame and unease (less so now but still) for (1) I was really really stupid, (2) my judgment wasn't very good and (3) if you look at it certain way I indirectly was going to help out killers and terrorists. With respect to #3, I also felt like I was one of those depressed people going to a crowded place and shooting, and in my case, I was shooting my family (who had a very very hard time from what I did) and others who may have bee impacted. I was tried in court and found guilty but was given a relatively short stay in prison even though I had a whole lot of drugs because I cooperated and my testimony helped them to lead to an arrest of someone.
I also had to default on student loan because I was not able to take care of it while I was in prison.
Immediate problem after release was that I was afraid of background search when looking for a job. I was even more afraid of looking for a job in the government, so I ended up in private sector.
Now, 11 years later, I am considering getting a job in federal government. FBI web site says that past felony conviction definitely disqualifies me (not that I am passionate about FBI). And, I assume other Homeland Security agencies also will. I suppose I can still apply at other agencies, such as DoD.
My first actual question on this web site is this: For jobs requiring security clearance, do I tell the hiring managers and HR in the interview process about my past felony conviction (and student default)? If I am the hiring manager and if I selected a person to fill a position, I would hate to find out later that he won't be able to work for me, because he couldn't get the clearance. In other words, do I just interview normally, but don't discuss past convictions unless with the HR person or the people who will do the background investigation? I am thinking I should tell upfront. But am I being impractical?
My second question is, reading my past history, is the probability for getting security clearance low, medium, high???? I had no problems with law after getting out of prison, have stable job history, paid up my student loans, have a family, and is actually a patriotic guy.
Thank you in advance for any comments.
Bunde (DC) on December 24, 2009 at 11:36pm
I currently have a secret clearance/ITL2. My company wants me to go for a TS/SSBI investigation. (Secret ITL1, position requirement).
Does my general discharge under honorable conditions from the U.S. army for Cocaine use, (1 time) disqualify me for a higher clearance? even for a SSBI investigation? all which happened 20 years ago?
Any help would appreciated.
Thanks
Deryck D (Southampton New Jersey) on December 21, 2009 at 7:17pm
Please help me...I currently work for a non government agency and they want me to get a security clearance, I have experimented with marijuana within the past months will I be able to get a clearance at all or am I out of luck? Please, please. please someone respond i don't know anything about these things?
human (usa) on December 17, 2009 at 8:13pm
Mandi:
An interim security clearance is based on the completion of minimum investigative requirements. It is granted on a temporary basis, pending the completion of the full investigative requirements. Interim clearances are “declined” for the same reasons that final clearances are "denied"—the existance of unmitigated disqualifying condition(s). These reasons are enumerated in the “Adjudicative Guidelines for Determining Eligibility for Access to Classified Information.” For SCI/SAP there are some additional “foreign influence” criteria at ICPG 704.1. People, whose interim clearances are declined, are often granted a final clearance. This is because adjudicators are frequently unable to properly evaluate the disqualifying conditions, mitigating conditions, and “whole person” considerations without a fully completed investigation.
“The adjudicative process is an examination of a sufficient period of a person’s life to make an affirmative determination that the peson is an acceptable security risk.” So, it is possible that an interim clearance could be declined and a final clearance denied, if an applicant recently lived outside the United States for a substantial period of time where it is not possible to conduct an investigation. This probably very, very rarely happens. I’ve interviewed a lot of young people who recently returned from a one- or two-year religious mission in a foreign country and none of them were ever denied a clearance (TS/SCI) because of the major time gap in their background investigation. Any illegal drug use can result in the declination of an interim clearance—the decision depends on the adjudicative agency’s willingness to accept uncorroborated mitigating conditions and the persuasiveness of the mitigation listed on a clearance application form.
It’s possible to be granted a final TS/SCI clearance in 5 months, but not very likely if any overseas investigative work must be done. Whether or not investigative work outside the U.S. will be done in your case depends on where you were, why you were there, and how long you were there.
William Henderson (Pacific Grove, CA) on December 17, 2009 at 2:41pm
Bill,
Can the security clearance process itself mandate a drug test? or do they simply check on past facts. if so, would they be required to give you notice?
jason (md) on December 17, 2009 at 1:58pm
Mandi (USA),
Your “quick questions” are difficult to answer as there are many unknown variables. For instance, interim clearance procedures are different based on your employment status. For DoD contractors, the eQIP/SF 86 is submitted to DISCO (the adjudication facility for contractors) where it is reviewed and the interim determination is made. DISCO is generally more conservative in interim decisions as they do not have ready access, nor a procedure in place, to gather additional info for issues listed on the eQIP/SF 86. For military and federal civilian personnel, the eQIP/SF 86 is submitted to the employing agency security manager who makes the interim determination and has the ability to ask you for clarification/information and then submits the packet to OPM. An interim clearance could be denied if you had recent/frequent travel to countries with questionable relationships with the US (Iran, N. Korea, etc) but travel to Canada, Mexico, or England would not be a problem. Personally, I do not think your isolated marijuana use would cause an interim denial. An interim clearance is granted at the convenience of the government to facilitate mission accomplishment. Denial of an interim clearance can not be appealed as it is an interim decision and not subject to the due process provisions of the regulation. It is possible to have an interim denied and a final clearance be granted within 5 months.
Under the Intel Reform Act of 2004, there is a requirement (guideline) that 90% of all applications for clearances be completed in 60 days – 40 days for investigation and 20 days for adjudication. In Sep 2009, DoD reported to Congress that all DoD agencies were in compliance with this requirement. However, you could be one of the 10% that are not completed in 60 days. Hope this helps. Good luck
Bill L. (Annapolis, MD) on December 17, 2009 at 10:00am
If I currently work for a non government agency and they want me to get an sf86 clearance and i may have used an illegal substance recently will i be denied for the clearance?
curious (usa) on December 16, 2009 at 8:08pm
Jimmy (Detroit),
If you listed your ticket as speeding vs. something more serious like reckless driving, your interim will probably be approved. Good luck.
Bill L. (Annapolis, MD) on December 15, 2009 at 9:18am
Hello, I have a few quick questions concerning interim clearances and full clearances. First, what is the specific difference between the two? Second, under what circumstances can an interim be denied, and what does that entail? Specifically, can an interim be denied for extensive foreign travel that includes living overseas? Or for a one time marijuana experimentation from 3 years ago? I am applying to a program that requires TS w/ CI poly and employment is contingent upon receiving at least an interim clearance five months after acceptance to the program. Could my interim be denied due to the aforementioned circumstances, and if so, is it possible to receive a full clearance w/in 5 months if an interim is denied? Thank you for your help!
Mandi (USA) on December 15, 2009 at 1:12am
I have a question about getting an interim clearance that is not related to drug use. In the Spring of 2007 I got a speeding ticket for 400 bucks, going 25 over. I paid the ticket, case closed. I'm a new grad and have no other issues at all. Will this result in a denial of my interim? Oh and it's a secret clearance
Thanks
Jimmy (Detroit) on December 11, 2009 at 6:30pm
I am trying to obtain a security clearance for NAVAIR. I am a new college graduate and have not done any drugs for 2 years and month or two. I did cocaine like 4 times and prescription drugs under 10 times over about the same two year period. Now back in june of 03 i smoked pot twice. I was wondering two things. Firstly do you think I will be denied? Secondly I am wondering what my chances of getting a polygraph are?
Josh (Virginia) on December 10, 2009 at 8:29pm
John:
The proposed new SF86 asks if you were ever convicted of a crime for which you were sentenced to imprisonment for a term exceeding one year. I recommend you check your court records. Many people convicted of felonies receive a sentence of more than one year but the sentence is often suspended on condition that the person submit to probation, obey all laws, serve a little time in county jail, pay a fine, perform community service, etc. for or within a prescribed period of time.
Having the arrest/charge/conviction expunged has no effect on the requirement to list the matter on an SF86. You also need to consider the forms the US Army will have you fill out. The criminal conduct questions on those forms are probably worded more broadly than on the proposed SF86.
There is no guarantee the proposed SF86 will be approved as written. Even if it is, implementation may not occur for a number of months after it is approved and then it may be implemented gradually—one agency at a time—over a period of several months.
William Henderson (Pacific Grove, CA) on December 8, 2009 at 8:39pm
Jay (DC),
Your situation is tough to call. Your use goes well beyond “experimentation” but clearly not substantial or compulsive. You will undoubtedly be interviewed by an investigator - be honest in your response to questions. Most military adjudication facilities use a minimum of one year since last use to help establish an intent to refrain from involvement. Other federal agencies may use a different standard and I am not familiar with their workings. You will probably not get an interim clearance, but I think in the long run you will get a final clearance eligibility. Good luck.
Bill L. (Annapolis, MD) on December 8, 2009 at 9:56am
Fred (Austin, TX),
Assuming your are a DoD contractor, a statement of intent to avoid drug involvement will not work for an interim, only a final clearance eligibility. Info you list on your SF 86/eQIP is reviewed by the Security Officer or someone designated to review it for completeness. Any info on the form is forbidden to be discussed with anyone else in the organization. If you discuss with your supervisor/human resources/etc, you are opening yourself to a withdrawal of the employment offer. Believe me, many, many people work for the government in all capacities who have used drugs at some time in their lives. The use you have described should not, repeat should not, preclude you from getting a final clearance. Please note – even though you used drugs in a location where they were “legal”, as a U.S. citizen (especially one holding a clearance), such use is still considered use of an illegal substance under the adjudicative guidelines. I strongly urge that anyone who works for the government in any capacity refrain from ANY drug involvement. This is but one method that foreign intelligence agents can get a hook in someone. Good luck.
Bill L. (Annapolis, MD) on December 8, 2009 at 9:48am
I was arrested with possesion with intent to deliver, over 7 years ago and pleaded gulity to 22 grams.
[ In october 2010, I will get my records expunged local, state, and FBI]
With the new SF-86 coming out in early 2010 that only asks in the last seven years, should I wait until early 2011, after my record is expunged to join Active- Army OCS or would it be alirght to go ahead in join May 2010, while my fingerprints are still in FBI database?
Will waiting make much of a difference?
John (illinios) on December 8, 2009 at 12:27am
Ok, I want to become an intern for intel analysis at the CIA. The applications says no illegal drug use in the past year and anything prior will be considered in further inquiry.
I understand this job would require secret or ts clearance, and I have a basic grasp of what the guidelines are based on the other posts.
My problem is this is not a "I only took one hit of marijuana in the past 2 years/I smoked cannabis 5-10 times in the past two years" I smoked a great deal of marijuana for the last two years of high school and the first two of college. I have cut down a great deal and only smoke socially on occasion. Still during those four years I purchased marijuana and smoked quite often. It never affected my ability to hold down a job, I got excellent grades, graduated with honors, and will be enrolled in a PHD program next fall.
Also, I do not drink alcohol, I hate the stuff. Marijuana was kind of a substitute in social situations. I have never, ever used any other drug, nor do I intend to.
So I would like to apply for a summer internship in 2011. I have taken four years of farsi in college, completed a study abroad program in the Critical Languages Institute and generally have a vital skill set in Islamic Studies. I have no other financial, legal, or personal complications, and I have been charged with anything relating to marijuana or anything else for that matter. Obviously I plan to heed the CIA warning and will abstain completely from marijuana for an entire year prior to applying.
What are my chances for obtaining secret or ts clearance? Should I not outright lie, but perhaps mitigate my youthful indiscretions in the last 6 years? Will the fact that I have not used any other drug, including alcohol at all in the past 6 years help at all with the fact that I used marijuana regularly for four? Thanks for all your help with this forum, it has been extremely useful.
Joseph (Phoenix) on December 5, 2009 at 10:53pm
My current job recently submitted me for a Secret Clearance and I have a couple of worries. During the course of college i smoked marijuana no more than 30 times, with one period junior year where i smoked 20 times in a semester. Additionally, at the end of my junior year I unfortunately tried cocaine once. The last time I smoked was in May of 2009. Before that I had not smoked more than two times in the previous year. Recently out of college, I was hoping to get at least another 6-8 months to prove that I do not intend to ever use illegal drugs again. At no point has the consumption of any alcohol or drugs affected any part of my life, and I currently have near perfect credit. Will the above disqualify me for a security clearance and should i discuss this with my employer? I cannot stress enough how since May i have not used anything and how i do not plan to ever again.
Jay (DC) on December 5, 2009 at 1:19pm
Bill,
Thanks so much for the input. Just a couple of follow-up questions. First, do you think a statement of intent never to participate or be around such substances would change the likelihood of getting an interim or only for the final clearance? Also, do you think before I fill out the eQIP that I should discuss it with the person in the Dept of the DoD for whom I would be working since the job is entirely dependent on having a Clearance or is do people commonly apply with similar circumstances?
Fred (Austin, TX) on December 4, 2009 at 12:24am
Fred (Austin, TX),
First and foremost, I urge everyone to be honest in completing all employment and security forms. If you are applying for a DoD contractor position/clearance, you will be denied an interim. DISCO will not inform the company of the specific reasons, but the Security Officer will know as he will review your eQIP before it is submitted. If you are applying for a DoD civilian position/clearance, the command Security Manager makes that decision and my experience tells me they will deny the interim.
Bill L. (Annapolis, MD) on December 3, 2009 at 2:51pm
Old Guy (FL),
Don't be silly - I guarentee that I am older than you. I don't think your prior instances of marijuana use or failure to list your use on forms will be a great hinderance to you getting TS/SCI. Time forgives most mistakes and yours are very minor. Good luck.
Bill L. (Annapolis, MD) on December 3, 2009 at 2:46pm
KCB,
The simple answer is no. For DoD contractor personnel, the eQIP goes to DISCO and if there are any "yes" answers requiring investigation to resolve, the interim is denied and there is no appeal or other actions that can be taken. Until contractor Facility Security Officers are allowed to grant interim access, this will be the way. Sorry.
Bill L. (Annapolis, MD) on December 3, 2009 at 2:42pm
I have been offered a job at the DoD which requires a Secret Clearance. My job is dependent on me getting a interim-clearance and a full clearance shortly thereafter. I smoked a bit back in 2007 and 2006. No more than about 5 times I'd say. I did smoke a bit during some traveling overseas where drugs are not illegal. I have never done anything other than marijuana. Should I suspect to be denied an interim-clearance? As well, will they inform the office of which I am applying why or will it just be a simple deny? I'm debating whether I should come clean with them upfront about it or just wait and see what the Clearance Dept. determines? Thanks so much.
Fred (Austin, TX) on December 2, 2009 at 5:51pm
Bill,
Started the process for joining the military in 1991, and have been active duty since 1994, first clearance application in 1993. I was not completely honest when joining as I tried pot once in (1987) and once in (1990) and didn't answer the questions honestly. I got some bad advice about what constituted drug use. I have held a secret clearance in the military since 1994 and have been selected for a position that requires TS/SCI. Obviously the SCI has some "Have you ever" questions. I plan on answering honestly and I'm pretty frustrated I didn't do it to begin with 1991. I have maintained a secret clearance since 1994, have outstanding credit, been married for 12 years. What are my chances of getting a TS/SCI clearance. Thanks for the help.
old guy (FL) on December 1, 2009 at 7:27pm
Thank you for the information. That job was withdrawn due to the denial of the interim and the problem that I am now faced with is that all jobs I am seeking seem to require the interim clearance. If I am always going to be denied the interim (even though it i s now more than a year since the last incident), I will never get the chance to explain about the infrequency of the drug use and the intention to never use them again. Is there a way to get to the adjudicator before the interim is automatically denied because I said 'yes' to the question regardless of circumstances?
KCB (Colorado) on November 30, 2009 at 5:23pm
KCB (Colorado),
You were denied an interim because you answered “yes” to the question regarding drug use, regardless of the amount or your explanation. The adjudication facility for contractor personnel, DISCO, denies interim clearances when an applicant answers “yes” to questions in the eQIP indicating that further investigation is needed to resolve the information listed. In your case, you will undergo a personal interview to explain your drug use and to emphasize that you do not intend to use illegal substances in the future. Unless your employing company terminated your employment or withdrew their offer of employment, your investigation should be on-going and a final clearance eligibility determination will be made by DISCO. If your company terminated you or withdrew the offer, you will need to find new employment with a federal contractor before you can re-submit your clearance application. Based on your minimal drug use, my opinion is that you will probably be granted a clearance when the case gets to an adjudicator. Good luck.
Bill L. (Annapolis, MD) on November 30, 2009 at 2:15pm
Brittany P. (NC),
First, my congratulations on your serious consideration of the military services as a career choice. The military can be a great opportunity for many people if you are willing to learn, be disciplined, and be flexible in the duties you will be required to do. Next, I have good news and bad news. The bad news is that you will be required to list this offense on your enlistment and security forms. The enlistment processing form (DD Fm 1966) asks “Have you ever tried, used…cannabis..?” and the security form (SF 86/eQIP) is specific in questions regarding drug use and criminal conduct. The drug question asks “in the past 7 years, have you used any controlled substance…THC…?” The police record question asks “Have you ever been charged with any offense related to …drugs?” These questions must be answered honestly, regardless of the judicial outcome of your case (dismissed, nol pros) or whether the case was expunged. The good news is that you can not enlist until you are 18 (17 with parental permission) so you have time to show what kind of person you are going to be. If your drug involvement was minimal, you will not be rejected for military service and you should not have a problem getting a security clearance. Also, be completely honest when completing your forms and do not take advice from anyone telling you NOT to list the info. Best of luck.
Bill L. (Annapolis, MD) on November 30, 2009 at 2:07pm
I applied for a government contract job in May of 2009 and was denied an interim TS clearance. On my SF86 form, I admitted to experimenting with marijuana three times and cocaine once between March of 2007 through December of 2008. I believe I was denied because I was not specific enough about the fact that the cocaine was only once in November of 2007 and the marijuana use was only three particular dates during this period. These four times were the only times I used illegal drugs and they were all in social situations. My question is would I be allowed to
apply again now that it has been almost a year since last usage and be more specific about these circumstances or am I
simply out of luck?
KCB (Colorado) on November 30, 2009 at 11:00am
Hello all!
Ive had a run in with the law about a month ago. I got a marijuana citation for less then one oz. Anyway I have an attorney and my goal is to get it dissmised or drug classes. Im 16 years old and it was for experimental use only. I do not plan to use again and have not tried other drugs
My dream is to be in the military and I would like to have a job that needs clearance. Im unsure if I will be affected or even allowed into the military with this under my belt. Is there a way to get it cleared off my record?
Thanks!
Brittany P. (NC ) on November 29, 2009 at 8:34pm
OCStobe (Chicago),
The investigation for a Secret clearance eligibility include your completion of an investigative form (SF 86/eQIP), which will allow OPM to conduct a National Agency Check (including FBI), state/county police checks where you have lived/worked/attended college, a credit check and a personal interview for any info you provided on the form regarding drug/alcohol abuse, criminal conduct, or any discrepancies between what you entered on the form and what the checks uncover. References are almost never interviewed during the investigation for a Secret clearance. I encourage you to be honest in your answers on the form. Good luck.
Bill L. (Annapolis, MD) on November 27, 2009 at 2:21pm
Mr. Henderson:
I was arrested with possesion with intent to deliver, over 7 years ago and pleaded gulity to 22 grams.
[ In october 2010, I will get my records expunged local, state, and FBI]
With the new SF-86 coming out in early 2010 that only asks in the last seven years, should I wait until early 2011, after my record is expunged to join Active- Army OCS or would it be alirght to go ahead in join May 2010, while my fingerprints are still in FBI database?
Will waiting make much of a difference?
Jack ILCS 550/10 (IL) on November 26, 2009 at 11:19pm
OC Stobe:
There are two types of investigations for initial security clearances for military personnel—the NACLC for Confidential and Secret clearances and the SSBI for Top Secret clearances. Both the NACLC and the SSBI have standard components (scoping) and standard periods of coverage. However, when a case contains potentially disqualifying conditions, the investigation is usually expanded beyond the standard scoping (and sometimes beyond the standard period of coverage). In some cases a NACLC with significant unfavorable information can be expanded to the point that its scope and coverage can exceed that of a standard SSBI. Likewise an SSBI containing significant unfavorable information can be expanded well beyond its standard scope and coverage.
Security clearance investigators are not authorized to investigate your friends or associates. Your clearance eligibility will not be affected by the conduct of your friends or associates, except when it appears that you are susceptible to being influence by your friends or associates to do something illegal or contrary to the national security interest of the United States.
William Henderson (Pacific Grove, CA) on November 25, 2009 at 9:32pm
I am applying to the Navy OCS, a part of which includes filling out the SF-86 for secret clearance. I've used marijuana in the past, and plan to be completely honest about it on the form. I fear that this is going to cause my file to be investigated more than it would if I hadn't, but there is little I can do to change that.
My question is how extensive the background search is for "secret" clearance. Will the references I give for my last 3 years of residence be interviewed? Will they themselves be looked into as well? I ask because I went to a small liberal arts college where drugs seemed to be the norm (my little pot smoking seems so insignificant to all the other stuff, but I guess not). While I would call some of the references friends, they do have questionable backgrounds and I don't want the causing even more problems than my own background will.
OCStobe (Chicago) on November 22, 2009 at 7:05pm
Rob (DC area),
Military adjudication facilities will be looking at a minimum of 6-12 months from last use, but will also consider factors such as your age and maturity at the time of use. Intelligence community activities are usually more stringent. Although your “hobby” may be perfectly legal, use of an illegal substance is not. You being around those who use on a routine basis falls into the adjudicative guideline of Personal Conduct and the specific condition that may be disqualifying is “association with persons involved in criminal activity”. In my opinion, you are grasping at straws. Unless you have skills that an agency needs/wants badly, your chances are poor to be granted clearance/access eligibility.
Bill L. (Annapolis, MD) on November 19, 2009 at 11:38am
At the moment, I am still in the Air Force. I was told that I am still in because of the pending situation w my clearance. I do not understand why it is like that. I even have a job opportunity waiting in Fort Bragg, NC. They know my situation, but they are asking if I can find out what's going on w my clearance. I have not received a SOR but do plan to make a response if I get one. At the moment, I dont plan on moving to another military service, rather I would want to get a contracting job. I am supposed to be getting a under honorable conditions- general discharge, not other than honorable. Thank you for your time.
DJ (Hampton Virginia) on November 17, 2009 at 3:32pm
Thanks for the quick and candid response. Is there an amount of time that could go by that might sway this decision? Also, if I had to put a more exact figure, it would be 6 times in last 15 years. Although I can't claim youthful indiscretion, I can certainly attempt to provide mitigating details that may sway adjudicator. Because of a hobby i'm involved in (perfectly legal), I'm around individuals that smoke at least once a week and I never use because of disinterest. The times I have were at large rare celebratory events, and I feel that by my behaviour week in and week out proves that I am fully in control of being able to not use in the future. I think that this makes me provably LESS likely to be become addicted to anything than someone who may pass on this issue, but might use and get hooked after the passing. Am I grasping at straws here?
Rob (DC Area) on November 17, 2009 at 12:27pm
Rob (DC area),
My opinion is - out of the question. You are implying that you are approximately 35-40 years old and last used 4 months ago. This is hardly youthful experimentation and I believe adjudicators would recommend that you be denied any clearance/access eligibility.
Bill L. (Annapolis, MD) on November 17, 2009 at 7:48am
DJ:
As a practical matter I think that you will be discharged and your clearance status will change to "Loss of Jurisdication" before there is any decision to continue or revoke your security clearance.
If you have already received an SOR, submit a rebuttal. If you don't submit a rebuttal, your clearance will be revoked and you will be ineligible to apply for a clearance for one year. If you submit a rebuttal, your discharge will probably occur before your case is adjudicated and your status will change to "Loss of Jurisdication" rather than "revoked."
With an incident report on file, your prior military clearance will not be eligible for automatic reinstatement or for reciprocal acceptance at another agency. At a minimum the incident report will have to be adjudicated and in all likelihood some type of investigation will have to be completed before you can be considered for a new clearance. It's going to be very hard to find a government agency or a federal contractor willing to sponsor you for a clearance. You used an illegal drug while in the military (a drug free environment); you did it while holding a security clearance; and you did it only 3 months ago. Actually getting a clearance this soon after receiving an UOTHC discharge for drug use will be even harder.
William Henderson (Pacific Grove, CA) on November 12, 2009 at 8:40pm
DJ (Hampton, VA),
There are several issues here that you need to be aware of. First, if you are discharged vs separated and transferred to the Reserves, you are no longer “affiliated” with the government. Your case will be closed as such. However, if you are transferred to or join the Reserves/National Guard, you remain “affiliated” and retain the “right” of due process to respond to the Statement of Reasons (SOR) and appeal if/when your TS/SCI are revoked. Generally, military adjudication facilities will deny/revoke clearance/access eligibility when illegal drug use is within the past year. My experience also tells me that most IC agencies will deny eligibility based on use after signing the Drug Waiver in which you expressed your intent to never use illegal substances in the future. My opinion is that you are SOL for the time being. However, if you remain in any military service (Reserves/National Guard), you will also face reclassification due to the loss of TS/SCI. I suggest you respond to the SOR and appeal to document your remorse and the circumstances that lead you to the drug use. Good luck.
Bill L. (Annapolis, MD) on November 12, 2009 at 9:51am
TS with Full Scope Poly
Specific to drug use, I was a regular Marijuana user in college 18 years ago, and have since only occasionally used it. I would guesstimate less than 10 times in last 10 years, with most recent being about 4 months ago. Is TS with Full Scopy Poly out of the question?
Rob (D.C. Area) on November 11, 2009 at 10:59am
I am applying to a special academic program with DIA that requires TS-SCI. By the time of my employment next July '10, it will have been over 3 years since the only time I ever experimented with marijuana. I understand that under normal circumstances, this one time college age experimentation would probably not disqualify me. However, I am concerned that DIA may recommend stricter policies concerning clearances as this is a selective academic program. Is DIA known for instituting stricter standards for certain jobs than those standards that are published?
Thank you for your help Mr. Henderson!
A.S. (USA) on November 10, 2009 at 10:23pm
1st Question: Should I still apply for Intelligence jobs right out of my discharge? or is it a waste of time?
2nd Question: Should i still make a response to my SOR and request an appeal? or am I SOL... I really dont want to waste money for something I lost at the starting line.
DJ (hampton) on November 10, 2009 at 3:26pm
I have TS/SCI clearance. I currently being in the process of being discharged general- under honorable conditions. This is being I have smoked marijuana in august. a one time offense w no previous history. I have been going thru alot w my wife, which she played a bad influence of stress on me. With these factors included: disassociation from drug-using associates, changing or avoiding the environment where drugs were used, and a signed “statement of intent” not to illegally use drugs in the future and agreeing to an automatic revocation of clearance for any violation. Will I still have a chance to fight to retain my clearance? I have spoke w an attorney. He said it is possible. But maybe he is trying to get my money? My life is at its lowest and my entire career has been based off of my clearance in Intelligence. Thank you for your time.
DJ (Hampton Virginia) on November 10, 2009 at 3:13pm
Jack (Alexandria, VA),
Yes, this is experimental use of an illegal substance. Whether he knew before or after the consumption, he knows now and should list this on the SF 86.
Bill L. (Annapolis, MD) on November 10, 2009 at 8:47am
A friend of mine is applying for a job with the government and filling out his SF-86. He is 22 years old and has no previous drug use. He did however take one bite out of a marijuana brownie about 4 months ago. He did not experience any highs. Is this considered to be "experimenting" with drugs?
Jack (Alexandria, VA) on November 8, 2009 at 1:36pm
I'm curious how this discussion of security clearances compares to employment suitability decisions by DOJ. Do you have a sense how DOJ views past occasional marijuana use? What if that past use occurred within a year of applying?
anon on November 7, 2009 at 8:40am
Darby (CO),
Honesty is always the best policy. When you complete the form, list the date of last use and in the remarks section indicate the date is not exact, but is to the best of your recollection or estimation. If you are interviewed by an investigator, you can further expand on the explanation. Good luck.
Bill L. (Annapolis, MD) on November 5, 2009 at 11:13am
Christian,
In my opinion, you should not be denied a TS eligibility. Additionally, there should be no restriction for you to apply and be considered for government or contractor positions upon completion of your military service.
Bill L. (Annapolis, MD) on November 5, 2009 at 11:04am
Hi,
Between 1999 and 2006 I smoked marijuana countless times and would not even know how to count. How should I account for that on my SF 86? Should I try to approimate the number of times I used marijuana or should I just say I was a frequent user. I also took Ecstacy 3 times in that period.
I have never had any problems with work or addiction becuase of these substances, but it does tarnish my otherwise clean backgound. I do realize that this shows a huge lack of judgement on my part and a disregard for the law.
What do you think my chances are of being granted a TS with a record like this?
Thanks,
Robert
Robert (Illinois) on November 5, 2009 at 9:01am
bill,
great page, it is incredibly helpful. i am graduating in august and planning on finding a job, and most of my potential careers require security clearance. now over the last couple years i have used pot maybe 2-3 times a month, but it has alot to do with the laws in ann arbor, where i studied. pot has, in effect, been decriminalized in the city. the law states the an individual may carry up to an ounce of pot for personal use and only receive a $25 civil infraction if caught. ive been issued parking tickets that are more severe than $25, and never ran into any legal trouble surrounding marijuana. can the leniency of these laws help to mitigate my drug use in the clearance process? especially when i will be moving away from the city upon graduation?
thanks!
Ann Arbor (MI) on November 4, 2009 at 9:50am
I've recently accepted an offer as a consultant working in conjunction with a federal agency (non-DoD, NSA level). I was given an SF85-P to fill out and I honestly can't recall if I have used mj in the last year or not. It was an isolated incident where no money was exchanged. It was a small social gathering and I don't even know the name of the individual who supplied. It has been well over 6 months for sure, but neither acquaintance I was with can recall when it took place and have said "not this year." I want to be honest, but I am afraid that this one time use will hurt me even if I have no intention of trying it again as I have terrible reactions to smoke. I had tried 3 other times more than two years ago over the course of one month with one individual who I am no longer in contact with. And again, I never went out of my way to purchase anything or try again. What do I do in this case?
Darby (CO) on November 3, 2009 at 5:08pm
yes this was a one-time issue and I totally learned my lesson. I just want to serve the country. I'm a totally honest guy I told the cops everything. I regret it. So this doesn't disqualify me from getting a ts-3 clearance. By the way because of all this is it true i can't do government jobs after my military time because of this event?
cristian (winter haven, Florida) on November 2, 2009 at 6:31pm
cristian (winter haven, FL)
First, I urge you to be honest when completing your clearance application (eQIP/SF 86). The questions regarding illegal drug involvement include misuse of prescription drugs. And the questions regarding criminal conduct ask have you “EVER” been charged with any offense relating to drugs. Your arrest will most certainly show up on the FBI and/or local agency checks. If this is truly a one-time misuse and distribution of a prescription drug, the primary factors in your case will be the passage of time since the events and your statement/commitment to never use illegal drugs or misuse prescription drugs in the future. My opinion is that this should not stop you from being granted a clearance eligibility. Good luck.
Bill L. (Annapolis, MD) on November 2, 2009 at 11:15am
Seven,
I can not guess what other federal agencies will do, but if you are being offered a job as a DoD contractor, your interim will probably be denied based on answers on your eQIP/SF 86. DISCO (the adjudication facility for DoD contractors) generally denies interim clearances when there are "yes" answers pertaining to drug use, criminal conduct or financial issues, regardless of the time frame in which these events occurred. Sorry, but that is just the way it goes. Good luck.
Bill L. (Annapolis, MD) on November 1, 2009 at 7:53pm
Rob (USA)
My opinion is that you should not be denied TS/SCI or an intel speciality. It will be 2+ years since your last drug use by the time your investigation is completed and received at the AF adjudications facility. Continue to be honest with the investigators when you are interviewed. Good Luck.
Bill L. (Annapolis, MD) on November 1, 2009 at 7:47pm
Ok Bill i got a question. I'm in JROTC last year i had straight A's but this year i got caught up in the wrong crowd. I did Xanax which is a prescription pill that wasnt mine. I only did it once but the next time i bought it and my friend went up and pressured me to give him some in class i did and the teacher saw me give it to him and i got arrested. But I won't be convicted of the felony can i still get a security clearance because I really want to join the Army.
cristian (winter haven, FL) on November 1, 2009 at 1:41pm
I've recently been offered a job that will be contingent on my obtaining an interim clearance. I have yet to submit the e-QIP, but I intend to disclose all past drug involvement. I'm worried because of the choices I made starting around the end of high school through the first semester of my sophomore year of college, about three years ago. During that period I smoked marijuana about 50 times, less than once a week in school and sometimes more on breaks. I also tried opium four times in that same time span. In my sophomore year I realized what I was doing and I stopped. Since then I have gradually lost contact with most of the people I did this with. While I always did these things in social settings, on some occasions I made my own purchases. I'm getting very anxious about obtaining the interim clearance and I would really appreciate the thoughts of someone who's familiar with the process.
Seven on October 28, 2009 at 11:06am
Hi Bill. Young pup getting ready to go to MEPS for AF. I just graduated and have been totally honest with my recruiter. I have smoked pot a total of ten times (I counted very specifically) in my life all in 2007 and once in Feb. 2008. That is the last time I touched the stuff. In 2007 I was suspended from high school (not expelled) for having a marijuana pipe in my locker. I was not charged with anything, simply suspended for ten days. I am not the same immature person I used to be and again have not touched it since Feb. 2008.
I am looking to get into AF Intel and want your opinion on if this will hinder my chances. I no longer hang out with the group I used too. They are going no where in life & I want too. Opinions please on if this will kill my security check. I have been totally upfront with my recruiter & will be honest with the security rep at MEPS as well.
Rob (USA) on October 28, 2009 at 8:49am
bf626g (US)
Since you were not specific in the frequency of marijuana use, there are 2 possibilities. First, if your use was experimental/occasional use, you might be okay. By the time your case gets to the adjudicator, it will probably be over a year since your last use. However, more extensive use will be a problem. For many Army MOS recruitment actions, the MEPS station has a Security Interviewer, who interviews you after you take your aptitude tests and delves deeper into your background than the questions on the eQIP. This “pre-employment” interview can be used to disqualify you from an MOS requiring a TS or SCI eligibility. The Security Interviewers have separate guidelines that they can use and if in doubt, they can call the Army Adjudication Facility (CCF) to get a determination. This determination can not be appealed since it is “pre-employment” (prior to signing a contract). You should be honest in completing all enlistment forms and in conversations with your recruiter and the Security Interviewer. Good luck.
Bill L. (Annapolis, MD) on October 27, 2009 at 10:13am
OHIODoc (Ohio)
My opinion is that you will be granted a clearance eligibility. But, here are the bumps in the road. Your marijuana use, although it will be over a year old when the case gets to adjudication, does reflect poor judgment as your use was into your mid-30’s (hardly youthful experimentation). Your use falls into the “occasional use” definition above and MOST adjudicative facilities use 1 year passage of time to mitigate this use. Your bankruptcy alone will not be disqualifying, as long as your current financial status is favorable. You will certainly be interviewed about both issues and will be afforded an opportunity to state your intentions to never use illegal substances again. Good luck.
Bill L. (Annapolis, MD) on October 27, 2009 at 9:53am
KC (st. louis, mo)
You raise several questions and I will try to address them in order. Interim clearance eligibility determinations for contractors are made by DISCO. Generally, the determination is based on the information provided on your eQIP/SF 86. If you admitted recent marijuana use on the eQIP, that is the reason for the denial. The denial is posted in JPAS and your FSO or Security Office can not explain further and can not ask for clarification from DISCO, nor can you appeal this interim decision. This prior interim denial should not affect your Public Trust determination, especially since it has been some time since your illegal drug use. The SSN error should have no affect on your clearance or Public Trust action nor should your numerous address changes. Continue to be honest in completing your forms. Good luck.
Bill L. (Annapolis, MD) on October 27, 2009 at 9:43am
I'm considering taking a MOS in the army that requires a Top Secret clearance. I am 21 years old and I have used marijuana in the past. I’ve been clean for almost 5 months now and I might enlist on January and I meet all other requirements for the clearance. Could that affect me getting the security clearance?
bf626g (US) on October 26, 2009 at 8:47pm
Hi. I am applying for work at a defense contractor. I will need to get a security clearance. I realize that honesty is the best policy and have a friend that works for NSA. She told me to be honest about past drug use. I have read the "Adjudicative Guidelines" above, and feel like my drug usage will be mitigated, but I'd like to hear from someone with experience in granting or denying clearances to let me know what my chances are. Here are my circumstance:
--I have NO criminal record (only 1 speeding ticket when I was 18)
--I have used marijuana occasionally since I was about 22. Never more than once a month. Often went MONTHS without smoking it at all. Never went out of my way to purchase it.
--I have not used pot since this past new year's (about 10 months ago) and don't intend to use it again.
--I filed a chapter 7 bankruptcy in 2004 which was discharged in 2004.
I am 35 years old and will be 36 this December. What do you think of my chances of being shot down? I really want this job, and didn't realize that my past would haunt me like this.
Thank,
Frank
OHIODoc (Ohio) on October 25, 2009 at 5:01pm
I have a few questions. I am looking to get fulltime employment with a gov contractor. Right out of college last year I was offered employment with another company pending an interim clearance (I believe it was a Secret Clearance). I filled out everything honestly and was denied and they did not tell me the reason why and said that I cannot ask that FSO or the Security Office why I was denied. Is this a common thing not to tell why I was denied? Can I find out why?
I am worried about having employment now because Im in another company where I have to fill out a Public Trust Form in order to work on a Base. Will I be denied that because I was denied an interim before?
Some factors that may have lead to that first denial are as follows. I used marijuana a couple times for two months with the end about 5 months before my first try at a clearance and have not used since that last time. Also, the first time I filled out the form I faxed over my forms to the company and somehow they got my SSN wrong and they had to reenter me into the system with my correct SSN. Finally I moved back and forth from school and therefore had 9 change of addresses in 5 years. I used the same person that knows me for my "home" address each time. Should I use a different person for each address? And does changing addresses that many times a factor that could work against me? Please give me some insight on this.
KC (st. louis, mo) on October 22, 2009 at 10:23pm
Worried (Wash, DC)
Your isolated use of marijuana on one occasion should not have an affect on your clearance eligibility. However, your father working for a foreign government will certainly be a concern for the investigators and adjudicators. You will be queried about your knowledge of your father’s work, possibly what department he works in, his lever of influence over you, frequency and type of contact, and possibly his view of the U.S. Answer all questions honestly and good luck.
Bill L. (Annapolis, MD) on October 22, 2009 at 11:49am
I am about to undergo a security clearance investigation. I have used marijuana once and that instance was almost 6 years ago come January. Will that one time affect my receiving a secret clearance? One other thing, my father works for a foreign government (india), i am a citizen while he is not, will that affect my receiving a secret clearance?
Worried (Washington DC) on October 21, 2009 at 8:20pm
Hopeful and Needing Advice,
Since your situations are very much similar, I will comment on both as one. If you truly have not used any illegal substances in 7+ years and you have no other issues, I do not see why you could not be granted TS/SCI eligibility. I suggest that you soul-search before completing the SF 86 and accurately (as best as you can recall) reflect your past drug use. Since the drug use questions on the SF 86 cite “in the past 7 years” and you did not use while holding a Secret security clearance, you can honestly answer “no”. However, some agencies have an addendum to the SF 86 that asks “have you ever”. Read the questions carefully and answer honestly. Good luck to both of you.
Bill L. (Annapolis, MD) on October 20, 2009 at 1:14pm
Mr. Henderson,
Thanks for your response - just a quick follow up. My friend is going to come clean with security office at current job regarding all details of past experimentation. They have accepted that they may very well not be eligible for TS-SCI with CI poly given these circumstances.
However, the big questions is: what are the chances they will have their current secret clearance revoked, essentially resulting in losing their current job?
Your feedback is greatly appreciated
anonymous (USA) on October 19, 2009 at 9:57pm
I am in late 20's and have worked with a secret clearance for 5+ years. I under reported high-school/early college drug experimentation on my first SF86. I was straight out of college, cavalier and ignorant. I've regretted this ever since and have very much wanted to "come clean". I didn't list anything on the SF86, but I smoked marijuana ~twice a week for 2 or 3 months in high school, and then ~10 more times later in high school and in first year of college. I also experimented with LSD twice in high school. It has been 7+ years since any of this (10 years for LSD).
I am now up for a TS/SCI with a CI polygraph. I want to come clean during the interview process and know this is the right thing to do - this has been a burden on my conscience. I have great credit, no criminal history whatsoever, everything else is in very good shape. What are my chances for the clearance; is it even worth pursuing? Will I lose my secret clearance which would effectively mean I lose my job due to lack of total honest on original SF86?
hopeful on October 18, 2009 at 9:10pm
I am in my late 20's and have been working for 5+ years now with a secret clearance and am up for a new position that requires TS-SCI with a CI polygraph. I under-reported my drug experimentation on my original SF86. I have regretted it ever since - I was straight out of college - cavalier and scared at same time. I didn't declare any experimentation and it was partly due to a friend of mine who had asked a JAG who recommended that a little high-school/early college experimentation didn't constitute "drug use" as articulated on the SF86 at the time (they have since put the word "experimentation" on the new SF86). I experimented with marijuana some in high school, and a few times my first year in college. I experimented with LSD twice in high school. All of this has been over 7 years ago (10 for LSD) now since I have experimented with anything. I would very much like to "come clean" with my investigator for my TS and report this previously unreported "experimentation". I know your answer will be that I must absolutely do this. With that understood - what do you think my chances of getting the TS-SCI will be with this information coming to light. I have never had any criminal issues of any kind, my credit is great, everything else about my profile is very good.
needing advice on October 16, 2009 at 11:29am
I began the process about half a year ago for a TS clearance. (I think I have a SSBI with a CI polygraph.) I smoked marijuana once a month for about 5 years, and not since summer of 2007.
I did not report my marijuana use on the SF86 and almost immediately regretted it. I was told by a friend who did the same to just come clean in the interview, as he had. He was fine, but he was also 18 at the time and maybe not up for the same clearance.
I recently got a call to schedule a phone interview where I'll be going over the SF86 line-by-line. (I believe it's the PRSI.)
I'm normally a very honest person and this is probably the most dishonest thing I've ever done, so I'm looking forward to just coming clean, but I would really like to hear from an expert just how this will affect my chances. Is my clearance hopeless?
I don't know if it'll help, but I'll explain that my conservative parents were helping me with all the foreign contact information and I really didn't want them seeing my form.
Thanks.
Wondering (DC) on October 15, 2009 at 12:50pm
Ed (Falls Church),
Yours is a tough question since all of the SCI agencies are a little different in processing SCI applicants and applying the ICD 704 guidelines. Remember, SCI access is a higher level than Secret or TS. I am assuming that your original falsification of forms “some time ago” was probably 10+ years and you have had favorable service in some capacity since. If you are honest during the SCI processing, I don’t see why you couldn’t be granted SCI access eligibility. I think the skill set you bring to the organization may have something to do with the final approval/disapproval. Good luck.
Bill L. (Annapolis, MD) on October 15, 2009 at 7:53am
With regards to getting a TS/SCI with Full Scope for the NSA, I'm wondering if using marijuana ~10 times, ~4 months ago and also lightly a year ago, and going back 2-3 years of also light to moderate at times would have a pretty high chance of ruling me out.
That would be the only negative factor against me, and I would be truthful about it, but I'm wondering if really I should just wait for at least a year to attempt the clearance, as NSA seems to indicate, they have little tolerance for use in the past year.
Anon (Washington DC) on October 15, 2009 at 2:51am
I looked for a "Personal Conduct" article and couldn't find one, so here goes. Some time ago I applied for a job that asked about drug use. I underreported my drug use and had a very cavalier attitude at the time; I was fresh out of college and feeling arrogant. (I also strangely said some things that made my situation actually sound worse than the truth...I don't know why, I was in a hurry.) A day or so later, I felt bad about it and asked if I could change my answer. I was told that I could change my information at the next stage of the process, which never happened; they booted me for reporting drug use at all. This was not an SF86 or ESPQ, by the way.
Fast forward a bit. I have since gotten work with the US governmentI was nothing but 100% honest on my SF86 and EPSQ forms---I learned my lesson---and I was cleared both times. But, soon I'll have to admit that I once underreported my drug use. It's in the past and I can't hide it. It's the only time in my life I've ever knowingly lied on something like that. Do you think that is enough to deny SCI access?
Thanks...
Ed Bradley (Falls Church) on October 14, 2009 at 8:30am
DC Native (Washington DC)
Your situation should not adversely affect your clearance eligibility. However, I recommend that you immediately get a copy of your credit report from all 3 major reporting agencies and you get one every year. You are entitled to a free copy every year. This way you can keep track of what is being reported on you as well as possibly see attempts of identity theft.
Bill L. (Annapolis, MD) on October 13, 2009 at 8:45am
My situation is simple, I have recently received a job offer with a government contractor which requires a 6C Public Trust Clearance. I filled out my questionnaire to the best of my knowledge. I have a pretty clean record, no arrest, DUI's or police run-ins. I wasn't sure if i answered my question correctly on if i have any existing debts 90 days past due, because i haven't reviewed any of my credit reports, but as far as i know i don't think i do.
My second issue is on having wages garnished. My wages were garnished once by mistake on behalf of a collection agency in the amount of $120, because i made an agreement to pay them off before the garnishment took place, which i did, but they still went ahead and took the first scheduled garnishment out and haven't reimbursed me at all! Anyhow, I unintentionally answered this question with a "no" because i completely forgot about the error on their part.
So the question stands, will this affect my chances of getting the clearance??
DC Native (Washington DC) on October 11, 2009 at 4:52am
Question:
Because you are applying for federal employment, see my response to USMS FCIP Applicant about employment suitability determinations. Your chance of being granted or denied a security clearance (if you first get a favorable employment suitability determination) will depend on many factors other than just your one time use of marijuana. What I’m saying is that this one single factor will not automatically result in a clearance denial. Circumstances surrounding the one time use, likelihood of future involvement, stated intent not to do it again, etc., will all be taken into consideration along with “whole person” factors.
William Henderson (Pacific Grove, CA) on October 9, 2009 at 4:23pm
Anonymous:
Since your friend has a security clearance, he/she has an obligation to self-report the past marijuana use to his/her security officer. Once that obligation is met, then your friend can consider any career choices open to him/her. I'm sorry if this sounds harsh, but sometimes you have to drink what is bitter in the cup and move on with your life.
William Henderson (Pacific Grove, CA) on October 9, 2009 at 4:01pm
USMS FCIP Applicant:
Bankruptcy per se is not a reason to deny a security clearance. People are denied clearances because they were unable or unwilling to pay their debts. So it depends on the reasons you were unable to pay the debts that were included in your bankruptcy, the type of bankruptcy, and how you have handled your finances since then. As a USMS applicant your investigation will probably be adjudicated first for employment suitability. If you receive a favorable employment suitability determination, then your investigation will be adjudicated for a security clearance. Employment suitability criteria are written in very broad language and subject to broad interpretation. I recommend you read my articles on “Personal Finances and Security Clearances” and “Employment Suitability Versus Security Clearances.”
William Henderson (Pacific Grove, CA) on October 9, 2009 at 3:41pm
Paul:
All federal agencies, including State Department, CIA, and DIA, use the same adjudicative guidelines for making security clearance eligibility determinations. If an agency has issued its adjudicators written guidance on the application/interpretation of the adjudicative guidelines, they are not publicly available. PERSEREC’s recommended periods of abstinence are only recommendation. Each adjudicative facility decides this matter for itself. The appropriate period of abstinence for an 18 year old who used marijuana occasionally for 2 years probably is not appropriate for a 30 year old who used marijuana occasionally for 15 years. As explained in the article there are many factors other than the period of abstinence that go into an adjudicator’s decision.
William Henderson (Pacific Grove, CA) on October 9, 2009 at 3:26pm
Mr. Henderson
I was wondering what the policy is at the State Department regarding past Marijuana use as well as other intelligence community areas such as DIA and CIA.
I am 21 and have used marijuana a few times in the last year as well as on and off occasionally for the last few years. How long is it necessary to have not smoked for different branches including State Department? I have no intention of smoking after college at any point, but I want to know what sort of time line would be wise to follow. Any help you or anyone else can give me would be appreciated.
Paul (los angeles) on October 6, 2009 at 6:29pm
Bill- I have been selected through the FCIP application process and was given a Conditional offer. My background has been completed about 8 weeks ago. I have a PERFECT BI except for a Bankruptcy about 1 year ago. My area was hit by a terrible flood, long story short we received a lot of damage and had no flood insurance. My wife and I lived check to check already and the flood just sank us. Will this DQ me from getting security clearance. My BI thought I would be OK, but she also said "You never know tho." Any thoughts???
USMS FCIP Applicant (south west) on October 5, 2009 at 11:52pm
A friend of mine is in their my late 20's and received their secret clearance 5 years ago. They did not come clean with past high-school experimentation with marijuana. They really wish they had, and regret this. Since being granted secret clearance they have made the mistake of trying twice again, impulsively in social situation. They will never do this again, and admit it was also a mistake they regret. Other than this they have a perfectly clean record, absolutely no criminal record, no financial problems, no foreign contacts, have a master's degree, own a house, etc.
They believe they will likely get a position that requires them to upgrade to a TS clearance with a counter-intelligence polygraph. They understand the CI poly will likely not ask any drug related questions. However they know there will be the "past drug use" section on the SF86 for the TS. Also they're wondering if they will be asked in the poly if all the information on their SF86 (previous or current) is 100% accurate. Should they "come clean"? Their conscious would very much like to but they're afraid not being entirely truthful on original secret clearance and then trying twice since being granted the clearance makes them look very bad.
They're also afraid they could lose their current secret clearance from this process and therefor lose their current job. Is it smarter to simply not go through with this job offer? They would very much like to take it and have no interest in experimenting any more and am the first to admit mistakes.
anonymous (USA) on October 5, 2009 at 9:43pm
I smoked for the first time ever four months ago, I am being hired by the National Archives. I am being honest on my SF 86, do you think there is a good chance I will still be disqualified?
Question (USA) on October 5, 2009 at 3:01pm
I have a question. I am a contractor at the NSA. and I am due for my PR soon. I obtained my current clearance from the military. While going through all the processes (life-poly, paperwork, etc.), I notified the NSA security folks that I had omitted some drug use information when I went through the clearance process in the military (with a long explanation to follow). Yes, I know it was wrong, but what's done is done. It was something that bothered me for a long time and I was happy to get it off my chest.
Anyways, I told them that I 100% intended to report it on my PR. Everything went well, they gave me access and I am now a badged employee. This PR that I have coming up is bothering me now. Is there any chance at all that OPM will give me a favorable adjudication?
Nervous in MD (Annapolis Maryland) on October 4, 2009 at 12:02pm
Michele (Arlington),
Mr. Henderson is correct - I am "a very knowledgeable retired DoD personnel security adjudicator" ha ha, but I did not write the article or the Security Clearance Manual. Mr. Henderson is the author of both and both are very good sources for users of this website.
Bill L. (Annapolis, MD) on October 1, 2009 at 12:14pm
Scadam:
FBI has a very restrictive employment drug use policy. The basic rule is no marijuana during the past 3 years and no other illegal drugs during the past 10 years, plus absolutely no illegal drug use of any kind while employed as a law enforcement officer. This is part of the FBI's employment suitability standards. It is not the standard for granting or denying a security clearance. For an FBI applicant it doesn't matter, because if you are disqualified because of their employment suitability standards, you don't progress to the security clearance stage. See my article on "Employment Suitability Versus Security Clearances" for more information.
William Henderson (Pacific Grove, CA) on September 30, 2009 at 8:25pm
I am applying for a position as a CIA geographer intern next summer which I apparently need a clearance for. I have experimented with pot, as recently as July. I have never purchased it myself or sold it or tried anything harder. While I would never be dishonest on my application, I now wonder if I should even bother completing the fairly lengthy application. Do I have a shot at being given the internship?
College Kid (North Carolina) on September 29, 2009 at 1:31pm
William:
Thanks for weighing in on my case. I hope you are right and I do get my secret clearance. It certainly seems like there aren't any deal breakers on my app, but you never know which desk it will land on.
DOD Guy (USA) on September 25, 2009 at 11:01pm
Bill -- Thank You - it has been bugging me since this usage denied me a FBI support position recently.
Scadam (New York) on September 25, 2009 at 7:22am
cowboy:
I would be amazed if any federal agency denied you a security clearance based solely on taking a Tylenol 3 tablet given to you by your mother when you were 17 to control back pain. I would be equally amazed if you were rejected for this because of employment suitability criteria used by the US Marshals Service.
William Henderson (Pacific Grove, CA) on September 24, 2009 at 11:11pm
I'm 23 years old and hoping to join the us marshal service. When I was 17 I had been working doing landscaping one day, couldn't get out of bed the next day my back hurt so bad. My mother gave me one of her prescription Tylenol 3 tablets and made me an appointment to see the doctor. He didn't prescribe Tylenol 3, something else
Will taking this non- prescribed(to me) Tylenol 3 as a minor from my mother, keep me from being able to be hired by the marshals? At 17 I wasn't looking to be in FLE and was not aware of any of the rules. It's he only time I ever took a prescription not prescribed in my name.
cowboy (Arkansas) on September 24, 2009 at 2:30pm
Thanks
Curious (DC) on September 22, 2009 at 9:18pm
DOD guy:
Absent any other problems or aggravating circumstance, I think you have a good chance of getting a Secret clearance.
William Henderson (Pacific Grove, CA) on September 21, 2009 at 11:13pm
MIchele:
Bill L. is a very knowledgeable retired DoD personnel security adjudicator, but he is not the author of this article or the book, Security Clearance Manual.
William Henderson (Pacific Grove, CA) on September 21, 2009 at 10:46pm
Scadam: No.
William Henderson (Pacific Grove, CA) on September 21, 2009 at 10:40pm
Curious (DC):
No they will not investigate him nor will they provide the information to a law enforcement agency for prosecution or any other purpose. First, security clearance investigators have no authority to investigate him. Second, no one has the time or interest to pursue criminal action against your former roommate. It's just way too much work for such a petty alleged offense where there really isn't any evidence (just your word against his).
William Henderson (Pacific Grove, CA) on September 21, 2009 at 10:38pm
Hi,
I am an all but dissertation, doctoral student. I am applying for several jobs that require a security clearance CIA, State Dept, and DIA. I used marijuana fairly regularly in college and tried several other drugs once. I used marijuana a couple times in my first 2 years of graduate school. I walked the straight and narrow since then, but recently (4-6) months ago while studying/researching abroad I used marijuana for about 2 months once a week. This was helpful for my research as I had been having trouble establishing rapport.
Will I have trouble getting TS security clearance? How long should I wait before beginning the application process for these positions? Is research a mitigating factor?
unemployed (NY) on September 21, 2009 at 9:56pm
I want to thank you for all the time you've put in to answering all our questions... I feel like a lot of these questions are about mild to ridiculously insignificant interactions with drugs, etc. Mine's not.
I just graduated from UC Berkeley with a degree in Arabic and although I wouldn't use the term fluent - as they only teach Standard Arabic and not the dialects in colleges and universities to anywhere near the same extent - I speak it really well and have picked up colloquial Arabic well before I even studied in the West Bank.
My issue is that I wanted to study abroad in either Lebanon or the West Bank, my parents said under no conditions would they ever send their son to either of those places. I fought with them a lot, of course in vain. I come from an affluent community and wasn't a great high school student and therefore was not eligible for merit-based nor need-base financial aid in any form and my bank stopped doing personal loans a long time ago. So i resorted to selling drugs. I became very passionate about my studies and I was gonna study in the Arab world whatever it took - and i knew I had to do it while I was a student, since students often have opportunities not available to others. I also took on three legal, legitimate jobs to help me raise the money to travel to the Middle East. This is in addition to being a full time student and excelling in my classes. During the time when I sold marijuana, cocaine, and MDMA, (~12 months) I only every used marijuana regularly and tried cocaine socially a couple times. I never went to work or to class high and it never interfered in my ~50-hour, 7-day work week. And as of 1.5 years ago, I could probably count the number of times I've smoked on one hand, when I came back from the West Bank a year ago, I lacked any desire to smoke - who knows why. After I came back, all and any connections I had that was accomplice to my selling drugs was severed, or rather had been severed when I left for the summer four months prior.
Okay, my question is this, in the gov't's eyes, can you ever do the wrong thing for the right reasons?
For me, my end justified my means. I wanted to visit Israel and the West Bank to see with my own eyes - anyone who thinks that news stations aren't biased one way or another is sadly naïve. So how else am I supposed to make opinions on the issue? As an American, it's my responsibility to know how my country affects the world I live in and god knows how much American policy affects the situation in the holyland whether positive or negative. I was able to spend a month in Israel with Israeli and American Jewish friends where as I was in the West Bank for two months under the auspices of a university.
I read the adjudicated guidelines and also saw above the 'take with a grain of salt'' list of preferred periods of time of abstention from interaction, possession and/or transferring of illegal drugs. It hasn't been too long, but I graduated college, no longer live in Berkeley or associate with really anyone I knew except for my two best friends from UC Berkeley who are far removed from the whole situation.
I want to serve as a linguist in Iraq. Ever since I was five years old I have wanted to be an interpreter. I don't want to start off by getting denied clearance... so I think I might wait till after grad school in either Beirut or Jerusalem because I know I won't get involved with anything questionable, especially over there, and allow more time to pass to disassociate myself with my past. But if I were to join the services before hand, they would pay for my education after some service.
What's your take?
Wanna Arab Linguist (San Francisco, CA) on September 21, 2009 at 8:33pm
Since I had mentioned some drug usage on the SF86, they sent someone to investigate me. They asked who provided me with the prescription medication I experimented with and I told them it was roommate and upon further prompting, I gave his name. Will they look into him and possibly prosecute him?
Curious (DC) on September 21, 2009 at 4:46pm
Would a one time marijuana use 35 years ago while employed as a police officer automatically disqualify me for a TS or even a Secret?
Scadam (New York) on September 18, 2009 at 5:42pm
Oh, and just so folks know, the lawyer tells me it will cost between $7000 and $15000 to resolve this issue and defend myself.
Michele (Arlington) on September 18, 2009 at 7:18am
Bill,
Thank you for your quick and thorough response. I wish I had bought your book long before I embarked on this journey for TS/SCI clearance! But I've got it now, and I also have an attorney that specializes in clearances/military law. I'll see him on Monday afternoon.
He gave me a lot of good information -- like one of his foremost problems are Navy chiefs because they always give their sailors bad information, and don't refer them to proper legal help. And the other thing he shared with me was that the agency I applied to is FUBAR and doesn't get any of the paperwork correct.
The other very interesting thing he told me was the those who are interviewed are immune from being sued. So, people can destroy your reputation, defame your character, and basically lie to the ends ot the earth about youj -- AND IT"S OKAY!!!!
But I'm getting a copy of the clearance package, and he's going to expedite it. If it's someone at work that lied about me, then I'm suing the agency I currently work for instead. I'm done with the lies and innuendoes of these disgusting lecherous old goats that I've worked for over the last 30 years.
Michele (Arlington) on September 18, 2009 at 7:08am
Hi folks I would really appreciate anyone's take on my chances for getting my secret security clearance approved for an overseas civilian DOD job that I was recently hired for. Here are the details:
1985 - General (Under Honorable Conditions) Specific reason for discharge: drug abuse
This was for being accused of smoking marijuana while in the military
1992 - charged with DUI .10, plead No Contest and was not assessed points and did not lose license
Subsequently I enlisted and was honorably discharged twice by the National Guard. I have good credit and everything else is clean on my record.
Will the passage of time and two honorable discharges mitigate the DUI and General Discharge from so long ago? Will the DOD grant me a secret clearance? I have listed these two issues on my application.
DOD guy (USA) on September 17, 2009 at 8:52pm
Hello everyone, thanks for the taking the opportunity to read this. I am gonna lay out my situation and you let me know what my chances are here lol.
Two misdemeanors (shoplifting one year ago and "providing to a minor" four years ago -- I threw a party when I was 18 and that's what the cops wrote it up as), no jail time or arrest for either. Also, I fall under experimental/occasional drug use of marijuana in June 2008 and it's been out of my life since then. I am gonna be 100% open on the application about that.
I am fluent in Farsi and want to go into cryptologic linguistics which needs TS-SCI. I am 22, have a bachelor's degree, and the rest of my life has been handled responsibly (no credit issues, constant employment history, etc). What do you think my chances are of getting this clearance? I am turning in my SF-86 tomorrow and go to MEPS on Tuesday..
Hola (USA) on September 17, 2009 at 12:59pm
Michelle (Arlington),
If the agency you applied to is truly going to deny you employment or clearance eligibility for what you have described, I would consider another agency. An NJP action is generally kept in your local files for 1 year; however, a copy is filed in your permanent records. Although, technically you did falsify your SF 86/eQIP, a denial of employment/clearance for something 30 years ago is ridiculous. If you really, really want the position you applied for, I suggest you consult an attorney. There are several in the DC area that do a lot of work on clearance/employment issues. Good luck.
Bill L. (Annapolis, MD) on September 15, 2009 at 11:39am
Daniel,
I do not think your situation will result in a denial of TS or revocation of your Secret, as long as you are honest on your current SF 86/eQIP.
Bill L. (Annapolis, MD) on September 15, 2009 at 11:31am
Under "How can I get a copy of my clearance investigation?" on page 10.
Eric (ClearanceJobs) on September 14, 2009 at 11:09am
I was discharged from the Navy in Dec 06 for testing positive for cocaine on a urinalysis. I didnt actually do drugs it was an over the counter supplement from GNC and it was tested by a lab and confirmed something in it metabolizes the same as cocaine. Nevertheless I was still separated with a general under honerable, they say because of th zero tolerance policy. Anyways I had a TS and on the day I separated according to the Navy I still had my clearance. How do I find out if they ever took it away and will I be able to get it back?
gunnergrl (san diego) on September 12, 2009 at 2:42pm
I applied for a position that required a TS SCI. I filled out the paperwork and the investigation was done. Today I received a certified letter called a Notice of Proposed Action that said in essence that I lied on the application and need to provide a response to them. The questions were: Have you ever been charged with any felony offense? Have you ever been charged with any offense related to alcohol or druges?
30 years ago I was in the Navy overseas and was given an NJP due to having been accused of smoking marijuana at a party off base. The accuser was sent back to the states because he was mentally unstable and he had been stalking me for months. Of course, back in the day, stalking wasn't a crime. And even though he was put into a mental institution, the NJP stood.
But I was given to believe that an NJP only stays in your record for a year. After a year, I was given glowing reports by all of my superiors and they wanted me to re-enlist. But I had had enough of the Navy, left and continued on with my life.
I really did not think I was being dishonest on my application. Now what do I do? I've requested my military records from St. Louis to see if the NJP is still in there, so I can read it. I don't recall what it said.
Should I get a lawyer? Thanks.
Michele (Arlington ) on September 12, 2009 at 1:23pm
Thanks for the reply Bill. That is interesting that you lose your Secret clearance all together if you get denied a TS clearance. For safety sake, do you think it would be a better idea then to wait until my military contract is up before I do it? I am an officer and I have to have at least a Secret. I would hate to apply for a TS, get denied, and then take a big demotion because of it.
Thanks again. This site is an outstanding resource.
Daniel (Syracuse, NY) on September 10, 2009 at 2:36pm
Daniel (Syracuse, NY),
Last question first. If your TS is denied, you will lose your Secret. However, if you have not used illegal substances since 2004 and there are no other issues (financial, criminal, etc) I see no reason that you will not get your TS eligibility granted. There is enough passage of time since your drug use. You may or may not be questioned about the discrepancy in the answers on the forms, but the misrepresentation in 2005 is now 4 years old. Good luck.
Bill L. (Annapolis, MD) on September 10, 2009 at 11:22am
Concerned,
Sorry for the misread. If you were honest on the SF 86 and during the personal interview, I think you have a fair to good chance of getting your clearance eligibility granted.
Bill L. (Annapolis, MD) on September 10, 2009 at 11:16am
Hello,
I am currently in the National Guard (Infantry) with a Secret clearance. I applied for it while in college in 2005 and was granted it soon after in 2006. I used marijuana in 2004 about 5 times. I was dumb at the time I filled out my SF-86 and I listened to my recruiter who told me "They don't know anything that hasn't been written down anywhere." So stupid me, I compromised my own integrity and said I had never tried it. I now realize how dumb that was because I understand honesty is always the best policy, but for some reason I guess I thought I would be automatically denied.
My issue now is that I want to switch from Infantry to MI, and I will need a TS clearance to do so. If I apply, I will be completely honest on the SF-86 this time around.
Do I have a shot in hell at getting a clearance, or will the discrepancy between the old SF-86 and the new SF-86 disqualify me? Also, if I am denied a TS clearance because of this, can it affect the status of my current secret clearance?
Thanks in advance.
Daniel (Syracuse, NY) on September 8, 2009 at 10:58pm
Bill,
I think you misread my post. I provided accurate information on all of my forms. I'm just concerned that the information I provided will eliminate me from the process. Do I need to be concerned?
Concerned on September 8, 2009 at 10:20pm
Concerned,
YES, you need to be concerned. You have provided false information to 2 important questions regarding illegal drug use and alcohol-involved criminal conduct. If the SF85P has not been submitted to the investigators, you should retreive it and make corrections. Your arrest may very likely surface during the FBI check or local police checks. If the investigation is already on-going and you are interviewed, you should at that time offer correct information to the investigator.
Bill L. (Annapolis, MD) on September 8, 2009 at 2:16pm
I was recently hired for a job with the Department of Commerce. The job requires a preliminary security clearance. The SF85P form asked about drug use within the last year, and I admitted to smoking marijuana once. My answers up to this point have been completely honest, but I am concerned that they will ask about prior drug use in the security interview. I tried cocaine once a year and a half ago and occasionally used marijuana until a year and a half ago as well. I was also arrested 2 and a half years ago for underage possession of alcohol and public intoxication (both charges were dismissed after I completed a 4 session alcohol class). Do I need to be concerned? Thank you.
Concerned on September 4, 2009 at 10:31am
I am applying for a job with the FBI and I used adderral this past March while enrolled in college. Is this too soon to apply for this position? I was previously employed by the FBI as an intern, went through the background, poly, everything, and I used adderral after my TS clearance expired, so I didn't use with an active clearance. I only used it once and have never used any other drugs illegally. Will this disqualify me for the job?
Amanda (Kentucky) on September 1, 2009 at 6:34pm
Mistake,
Sorry to go "Dr. Phil" on you, but that was a big mistake to falsify your forms. It may not surface for your Secret clearance and I can not speak for the FBI, but it will be obvious that you completed a form in 2009 that you did not use illegal drugs but in the future you complete a form and indicate that you used drugs in 2009 and THAT falsification may lead the FBI (or other agency like DIA/CIA/NSA) to conclude your reliability is not to their standard. You will be asked something to the effect "Is there anything in your background that may reflect unfavorably or could be used against you?" and many of the agencies named above require a polygraph during the processing and routinely during employment.
Bill L. (Annapolis, MD) on September 1, 2009 at 11:41am
Mandi (USA),
I don't think your incidents will disqualify you from a TS clearance eligibility nor do I think you need to wait another year to apply to DIA. Your incidents are relatively minor and long enough ago that they should not be an issue. Be truthful on your forms and throughout the investigation. Although you were not cited for the alcohol incident, references interviewed may have knowledge of the incident and may report it to the investigators. Many, repeat many, DIA positions also require SCI access and possible polygraph. But do not be concerned as long as you are truthful. Good luck.
Bill L. (Annapolis, MD) on September 1, 2009 at 11:34am
In June of 2007, I was charged with possession of 1g of marijuana. I completed a 6-month program to avoid a conviction and succeded in doing so, resulting in a nolle prosequi. I am attempting to join the navy with an IT job since I am already halfway to my computer science degree (over 60 credits) will this charge bar me from a top secret clearance (required for the jobs i am seeking) even though i was never convicted?
drew (baltimore) on September 1, 2009 at 1:01am
I recently filled out a sf-86 for arotc scholarship. I contracted for benefits this fall for college, as i am a freshman in college . However, I was unthruthful in one area for my secret security clearance on the sf86. I have had the cleanest record till I messed up this summer, about 4 months ago where it started. i experimented about 8 times within 2 months maryj. so i put that i havent used anything ever. if i put it down I KNOW i would lose my scholarship and subsequently horrible relations with my family and friends would happen. if I try to apply to FBI in a decade or two, will I be automatically disqualified for lying on the SF86 about drug use? or if i apply for an internship that requires a TS, will I be asked if I have lied on a prior SF86?
mistake on August 30, 2009 at 2:32pm
I recently graduated college with honors and am looking to apply to a program at DIA where I am required to be cleared for a TS clearance.
The first concern I have is that 2.5 years ago, when I was 20, I tried marijuana once. I do not associate with the people who were there at the time (aside from my best friend who I am still in contact with) and I have no intention of ever experimenting again. Also, almost two years ago, an ex-boyfriend perpetuated a screaming match at my campus which resulted in the campus police being called. I had two drinks immediately prior to the argument, and I was breathalyzed w/ a BAC of .124. As the cops knew that alcohol was not a major factor in the argument, they told me to complete a university alcohol education course or they would cite me as a minor in possession. I received no citation and was not taken into police custody and completed the university course.
I plan on submitting all this information on my SF-86, however, I am tempted to wait another year to apply to this program if that will aid in my chances of getting clearance. I intend to work in the intelligence field in some capacity and would rather not start it off with a denied clearance. During the time of these incidences I always maintained an exemplary academic and leadership records at my university. I matured quickly when I realized what I wanted to do as a career and aside from these events, I have always exercised excellent judgment. I am extremely worried my age in relation to when these incidences occurred will work against me though.
ANY insight into my chances of getting a Top Secret clearance are greatly appreciated. Thank you!
Mandi (usa) on August 30, 2009 at 12:52am
DAK,
Sorry to hear of your situation. As a former Army Reservist with 34 years of service, I have seen many cases like yours go both ways - retained and discharged. I even saw a cocaine user retained. That is a command decision based on evidence you provide and the support or non-support of your chain of command.
The answer to your question is probably yes, providing there are no other issues and this is truely a one-time use of illegal drugs. In DoD, generally (repeat generally) a one-year passage of time with no repeat conduct is sufficient for the adjudicators to look favorably on a person's background. I can not address other agencies (Energy, Homeland Security, etc) but I see no reason that you could not in the future receive a Secret or Top Secret clearance eligibility.
Bill L. (Annapolis, MD) on August 25, 2009 at 7:34am
Hello,
I'm being discharged form the reserves for a one time use of THC. I'm in the process at this point, so I'm not sure what they will give me as for my discharge. I know that it will be a Gen Under Honorable Conditions, but that's all I know for now. I'm devastated that I made such a bad judgment call and smoked at all. I have never been in trouble and have a good reserve record, (except for this one incident).
My question is, will I ever be able to pass a background investigation and receive any kind of clearance? There are a lot of mitigating circumstances on why I screwed up and smoked; family, work, and personal. Does the BI take any of these into consideration when evaluating my situation.
I'm afraid that this one stupid mistake in the reserves has ruined my life... any advise or comments are appropriated.. Thank you!
DAK (San Francisco ) on August 24, 2009 at 3:31pm
Follow Up to Question:
Sorry, I worded that incorecctly. Maybe I should have asked, if she is indeed honest during THIS background check and comes clean with the Agency, what are the odds they will look past her previous dishonesty and be happy that she is coming clean with THEM during THIS background check.
John on August 21, 2009 at 7:35pm
John:
Security clearance applicants should always be completiely truthful. Advising someone to make a false official statement is in essence “subornation of perjury.” Most positions in the intelligence community require a TS clearance with SCI eligibility. The investigation for many of these positions involves a full-scope polygraph examination that includes questions regarding past drug involvement.
William Henderson (Pacific Grove, CA) on August 21, 2009 at 3:28pm
Anonymous:
The adjudicative criteria for a Top Secret clearance are exactly the same as for a Secret clearance. If the agency that granted your Secret clearance was aware that you stole beer from your employer when you were 16 years old and failed to disclose the reason for your termination of employment on your original clearance application form, this incident has been favorably adjudicated and will not prevent you from receiving a Top Secret clearance, provided there has been no subsequent misconduct.
William Henderson (Pacific Grove, CA) on August 21, 2009 at 3:03pm
QUESTION: I know someone who has been granted 3 or 4 different SECRET level clearances for various military, contracting positions. The person experimented with drugs when he was 14 and then also again from 19-24. He did so obviously while in the military when he held a SECRET clearance. He has since then stopped using experimenting with drugs. He has also never disclosed it on a background questinaire.
The person is now applying for a position with the CIA. She wants to know whether she should just keep sweeping it under the rug, due to the fact that she has never disclosed it previously, never been in trouble for it, and also experimented while holding the clearance. Or, should she come clean with the CIA about all of her past experimentation during her background investigation?
John on August 20, 2009 at 9:01pm
I applied for Top Secret clearance on December 2003. I was denied because I held back an incident when I was 16 years old until an interview. I did not disclose that information on the original application. When I was 16 I was employed at a food store and stole beer once along with others. I wasn’t fired from this job, but was instead forced to quit. I did not put this on my original application for clearance because A. I was scared I wouldn’t get the clearance and B. Stupid. During an interview with an investigator I disclosed this information. After that I was denied Top Secret clearance and I entered another job in the military. I currently have a secret clearance and I want to train into a job that requires Top Secret clearance. Would I most likely be denied again because of the incident when I was 16? I’m aware stealing alcohol when I was 16 is definitely a negative image, however I am hoping my last four years in the military with an excellent record would help out my chances. Thanks for any response.
anonymous on August 20, 2009 at 6:47pm
I'm am currently applying for a position of public trust for a federal law enforcement agency and am currently employed as a police officer for more than ten years. I completed both the sf85p and sf85p-s. My concern is I was enlisted from 92-99. In 94 I smoked marijuana 1x. I'm not sure if I had a clearance at the time, but completed the paperwork for a secret clearance in the beginning of 98. I recently found the paperwork, not even remembering I filled it out and answered incorrectly (not intentionally) about drug use over the past 7 years. I also don't know if they completed the clearance before my enlistment ended in the begining of 99. Will this be a concern for me as I go through this process and if so what suggestions do you have? Thank in advance for your help with matter, as it has me very worried.
jhiggins (Boston) on August 15, 2009 at 3:17am
Laura: Sounds like you were eliminated from the process due to employment suitability criteria (not security clearance criteria). Since the position you applied for is probably an excepted service appointment, there is no formal rebuttal or appeal process. See my article on this website entitled: "Employment Suitability Versus Security Clearances" for more information.
William Henderson (Pacific Grove, CA) on August 14, 2009 at 9:11pm
I applied for dea, on first application I marked that I never use drugs. on second application I marked yes because the question was more in details asking if I had ever had contact with drugs etc. I took one puff and seriously, I did not inhale it. After going through almost all steps before my poly, dea sent me a latter saying that due to the two different answers on application I was no longer to be considered to stay in the process. Should I write them and ask to be reconsider? is it worth trying? thank u so much
laura (california) on August 11, 2009 at 2:40pm
Tim (Florida):
This is not a clear yes or no answer. First, let me explain the difference between eligibility and access. Eligibility means that your background has been evaluated by an adjudicator and they have rendered a decision that your history indicates a reliability and dependability (along with other areas) that enable you to be granted an eligibility. Access is the actual granting of personal contact (oral, written, electronic) with classified information/materials. The intel community normally deals in access to Sensitive Compartmented Information (SCI) and most agencies require a polygraph prior to such access. It is imperative that you be honest in submitting your application for an investigation (eQIP/SF 86) and in subsequent personal interviews. Although you may be granted a Top Secret eligibility by an adjudicative facility, an intel agency may deny you access to SCI. There are separate (although almost identical) adjudicative guidelines for SCI and non-SCI access determinations and the intel agencies look harder at areas of honesty and reliability. You admit that you falsified/withheld information to get your Secret clearance eligibility. I do not believe that you have ruined your life or the rest of your career, but intel agencies will look hard at this.
Bill L. (Annapolis, MD) on August 4, 2009 at 9:33am
When I joined the reserves I said I had never done drugs of any kind in order to get the job I wanted and my secret clearance, when I had used marijuana on a few occasions prior to joining. After finishing my initial training I returned to civilian status and used MDMA 3 times over the course of 4 years. Now I\'m interested in working for the intelligence community and would be required to get a top secret clearance w/ poly. My question is would I be able to get my clearance even though I lied on my SF86, and used drugs while holding a clearance. Its been at least 12 months since use and I\'m done with all that stupid stuff. I don\'t want to lie on my clearance, I want to come clean and move forward with my life and career and I fear being stupid might of ruined the rest of my life?
Tim (Florida) on August 3, 2009 at 7:11pm
Lost in US SF Garble: You misquoted question #19 on the old SF86. It reads: Have you ever received other than an honorable discharge from the military?" You misplaced the word "an" which changed the meaning of the sentence. The way the question is written, it requires a "yes" response for any discharge other than an "honorable' discharge."
There is something many people call an "other than honorable discharge." I believe the proper name of the discharge is "under other than honorable conditions." Perhaps the NCOs you spoke to also misread the questions.
Whether or not you can be fired, depends on personnel rules. My area of knowledge is security clearances, so I can't help.
William Henderson (Pacific Grove, CA) on August 3, 2009 at 3:52pm
Nervous: If the drug problem and financial problem ended over 4 years ago and you previously self-reported the substance abuse treatment and bankruptcy to your security manager, I don't think you have anything to worry about.
William Henderson (Pacific Grove, CA) on August 3, 2009 at 3:36pm
I have been employed with a Secret Clearance for the last 14 years. Just over 6 years ago I developed an addiciton to prescription medication. I never had any incidents with any law enforcement agencies or with my job. It was causing problems at home however, so I chose to self identify and enter a treatment facility. I completed 14 days of a 28 day program ( I didn't finish due to a lack of leave). Since this time, I have not abused any drugs either illegal or prescription. My wife and I did end up separating which led to bankruptcy 4 years ago. Since I am back on my feet financially with no other negative information on my credit report. Also my performance on the job has been stellar. Should I be worried.
Nervous (us) on August 1, 2009 at 10:29pm
I served 4 years Active Duty Army, Honorable discharge.
I enlisted for 4 years in the Natl Guard, General discharge (under honorable conditions) for unsat participation (Re-3)..
I was appointed to a GS position with a one year proabtion period. On my SF 86, question 19 "have you ever received an other than honorable discharge"
I answered 'no" I was advised by several NCOs and under the impression that "no" was the correct answer. I was not withholding or smudging the information.
My supervisor is trying to have me terminated based on this question. Am I wrong? Can I be fired for not answering yes.
Thanks for ANY information that can be provided regarding this situation.
Lost in US SF Garble (Laurel, Md) on July 31, 2009 at 3:09pm
curious: Absent any aggravating factors, they probably would not be denied a security clearance.
William Henderson (Pacific Grove, CA) on July 28, 2009 at 6:03pm
If a person used drugs on a few occasions roughly 7 years ago and then again on 1 occasion 5 years ago would they be denied a security clearance?
curious (MI) on July 28, 2009 at 1:55am
Christina C:
My best guess is that your friend’s clearance was suspended and in the process of being revoked when he/she was discharged. When your friend was discharged, the military security clearance adjudication facility lost jurisdiction over your friend's case and had to stop what it was doing. Your friend's clearance terminated. But his/her clearance database record now has a bold red notation indicating that an unresolved incident report exists. It is not possible to reinstate a clearance when this type of situation exists.
It is very difficult to mitigate drug use while holding a clearance, especially in the military and in federal service. It may be possible to get a clearance sometime in the future, but only after showing a major change in lifestyle, responsibility, judgment, and willingness to follow rules, as well as a number of years of abstinence from drug involvement.
William Henderson (Pacific Grove, CA) on July 16, 2009 at 11:51pm
I have a friend who got into a little trouble in the service with weed. Anyways they were given a general under honorable conditions discharge on there Dd-214. This individual has never had any other circumstances of trouble before and possessed an SCI clearance prior to the incident. Is this person completely unacceptable in a clearance job? and also if there clearance was renewed prior to the incident is there clearance still current or is it gone forever?
Christina C (Gloucester Virginia) on July 14, 2009 at 10:50pm
wanderlust:
The only cases DOHA posts on its website are those that are reviewed by an Administrative Judge (AJ) at a hearing or based solely on the written record. DOHA only receives about 20-25% of the cases initially reviewed by DISCO. DISCO favorably adjudicates 75-80% of the cases it reviews and refers the rest (most difficult) to DOHA. DOHA favorably adjudicates the vast majority of the cases it receives from DISCO without the need to refer them to an AJ. Of those that go to an AJ (about 1300 a year) roughly 60% are denied clearances.
DISCO/DOHA handles DOD contractor security clearances. DOHA also handles appeals on other DOD cases when the appellant requests a "personal appearance."
William Henderson (Pacific Grove, CA) on July 7, 2009 at 8:15pm
Pgh44 (Pittsburgh),
You were told correctly. You can not be investigated or adjudicated for a security clearance eligibility unless you are affiliated with the federal government in some capacity, i.e., enlisted in the military, selected for federal civilian employment, or clearance is required for a position as a federal contractor.
Bill L. (Annapolis, MD) on July 7, 2009 at 10:01am
Veronica (Reston, VA)
Your husband was not denied a clearance eligibility because of his drug use, unless it was extensive. He was denied because he "concealed this fact during the security clearance process". Regardless of the advice he received, when he signed his forms (eQIP, SF 86), he signed a statement "I understand that intentionally withholding, misrepresenting, or falsifying information may have a negative effect on my security clearance, employment prospects, or job status, up to and including denial or revocation of my security clearance". His falsification of this information made that the relevant issue in the adjudication process.
Bill L. (Annapolis, MD) on July 7, 2009 at 9:55am
Thanks for directing me to the DOHA, reading the cases has given me confidence that I can come totally clean and get a clearance, but that I should be prepared to speak to a judge at some point. I can sleep just a little bit better at night now...
I do have a question though. All these cases seem to have gone to a judge at some point, which makes me wonder, does this mean any admission of drug use requires the DOHA to doubt an applicant and hence requires this appeal process? Are there not "mild" cases where a preliminary "okay" is make?
Thanks again!
wanderlust (USA) on July 6, 2009 at 7:21pm
These outrageous drug policies need to change, plain and simple. My husband graduated from college with honors and was recruited for a defense job with Boeing before he'd even finished his graduate degree, and now he may lose his job and his future prospects for employment with the industry he's trained for years to work in simply because he smoked marijuana in college and concealed this fact during the security clearance process. It doesn't really matter now, but he was advised to do this by somebody who had already obtained the same clearance level and was in the same field -- because of the government's zero tolerance policy regarding drugs it doesn't like.
The grades and degrees do not matter, his past stellar record of employment does not matter, character references from teachers and co-workers don't matter, his demonstrated ability to function as a stable, productive, socially conscious member of society sure as hell does not matter. The only thing that seems to matter is that he smoked that heinous devil weed and he needs to be punished for it.
This is not the United States of America I was taught about in school.
Veronica (Reston, VA) on July 6, 2009 at 10:11am
wonderlust:
About 3 years ago the FBI had a zero tolerance policy regarding illegal drug use, but that policy applied to employment suitability determinations, not security clearance—of course it had the same effect because people who did drugs didn’t get the job. Since then the FBI has relaxed their policy a little.
As the article indicates any illegal use of drugs is a potentially disqualifying condition for a security clearance. But this potentially disqualify condition can be mitigated depending on the circumstances surrounding the drug use. Read over what it says in the Adjudicative Guidelines at Guideline H: Drug Involvement, then read some of past clearance decisions regarding drug involvement at the DOHA (Defense Office of Hearings and Appeals) website for examples of cases.
Many people are able to mitigate past drug use. Very, very few people are able to mitigate the act of intentionally providing false information on a clearance application form.
William Henderson (Pacific Grove, CA) on July 2, 2009 at 5:57pm
I've just graduated college and am about to fill out an SF-86. In regards to past drug use, I have taken a hit of marijuana about a year ago, and two hits roughly two years ago. Never had a pee-test go positive, and never been caught. The "holy crap" moment hit me a year ago when I looked into getting a clearance in the near future, and I've never gone near the stuff again. Another discouragement that helped was that I never successfully inhaled, I wasn't very good at the whole thing... Anyway, I feel I should list this on the SF-86, knowing that I may very likely get found out later on if I lied, and I'm reading a few horror stories online about people that have been caught lying on the 86.
However... a person I know told me his army recruiter told him back in the day to lie on his SF-86 about use (and this guy piped up big in college). He's never been caught (he's about to retire!), and he and I just had a fairly passionate fight on whether or not I should lie on the SF-86. He's told me stories of friends of his who have admitted to marijuana use 10 years prior to applying to the FBI who were turned away. He's told me of zero-tolerance policies and everything that scare the daylights out of me and are tempting me to lie on the SF-86.
So now I'm sweating bullets, and want to hear from someone who knows what they're talking about. If I came truthfully, with no foreign contacts, no debt or financial problems, no criminal history, etc., just three hits between one and two years ago, would I be turned down for the clearance and hence the job? How much would it depend on who's reviewing my case?
Basically, how screwed am I? Thank you much.
wanderlust (USA) on June 30, 2009 at 10:00pm
Bill L. and Bill H., I'm currently working on a project about investigative interviews during the security clearance process from a 'real world' perspective.
Bill L. - I would appreciate any insights you have on gaining this perspective to ensure that my project reflects what's going on and what could or should (or shouldn't) be done. It's a tricky environment for gaining access but given my background in anthropology I'm aware of the need to express the beliefs of the 'culture' I'm studying--in this case investigators and, in addition, the needs of adjudicators.
Bill H. - Thanks for the continued great information. I look forward to reading more of your work in preparation for my report. If you have an opportunity to chat I'd really appreciate your additional insights about the process. I'm the new-kid-on-the-block so it's been a dive into the deep end on the whole thing! I also have a mailbox in PG and can drop a line via the publisher?
THANK YOU!
Researcher (Monterey) on June 29, 2009 at 12:18pm
How can I get a security clearance?
I was told that I can't get one unless sponsored by a company.
Pgh44 (Pittsburgh) on June 29, 2009 at 8:19am
Bill L: So what I hear you saying is that the information in my article is not outdated nor irrelevant--you just disagree with PERSEREC's supplemental recommended guidance for adjudicators. By the way, the article does address the Bond Amendment. Specifically the article states, "Under federal law (Section 3002 of 50 U.S.C. 435b) a current user of illegal drugs can not be granted a security clearance." Section 3002 of 50 U.S.C. 435b is the Bond Amendment.
William Henderson (Pacific Grove, CA) on June 16, 2009 at 7:19pm
Bill H.,
You are correct. The current adjudicative guidelines were approved by the President on 29 Dec 2005 and implemented by DoD effective 1 Sep 2006, except for SCI and Controlled Access Programs implemented by ICPG 704.2 effective 2 Oct 2008. However, the article and the ADR (which is too complex for most lay people to read/understand), imply (repeat imply) that marijuana and drug use other than marijuana are looked at differently. Additionally, I saw no reference to the provisdions of the Bond Ammement provisions for drug addiction. The adjudicative guidelines are what adjudicators use to help make determinations of individual's eligibility for a security clearance. The ADR needs updated with current trends/input from "real" adjudicators, not the info collected by personnel in support of PERSEREC projects. I have worked with PERSEREC teams and do not believe their outcomes reflect the real world. There are too many security projects that started as one person's conception, became their mission and eventually was forced upon the security world.
Bill L.
Bill L. (Annapolis, MD) on June 16, 2009 at 10:23am
Bill L: Perhaps you didn’t actually read the entire article. This articles uses information from the December 2005 Adjudicative Guidelines. It is the most current one. The article does not say that the Adjudicative Guidelines differentiate between marijuana and other illegals drugs. The article says that the September 2007 Adjudicative Desk Reference, produced by the Defense Personnel Security Research Center, differentiates between marijuana and other illegal drugs and suggests periods of abstinence.
The December 2005 Adjudicative Guidelines and the September 2007 Adjudicative Desk Reference are posted at the Defense Office of Hearings and Appeals websbite. If you believe a more recent Adjudicative Guideline exists, please identify it for us.
William Henderson (Pacific Grove, CA) on June 13, 2009 at 10:40am
I took Adderall 2 times last semester and earned As on both exams. I have since graduated college and have a security clearance. I have an interview coming up next month, what should I do? I know that I should be completely honest and I will, but will that affect my clearance at all or a higher clearance? I appreciate your thoughts please. Thank you.
Anonymous567 (New York) on June 12, 2009 at 10:15pm
The information in this article is outdated and no longer relevant. I am a retired personnel security adjudicator with 29 years experience at a DoD CAF. The current guidelines no longer differentiate between cannabis and other drugs nor do they specify a level of use (experimental, regular, habitual). This article needs updated to reflect current guidelines and help your readers.
Bill L. (Annapolis, MD) on June 9, 2009 at 9:35am
I'm a bodybuilder and have a TS in the Army. I think steroids shouldn't even be illegal. If I want to do steroids it should have NO impact on anyone. Steroids are now a class III scheduled drug which is retarded but whatever.
Joseph Bradley Lizyness (Chesapeake Virginia) on May 21, 2009 at 1:21pm
I used drugs during high school and directly after. Then I joined the military. It changed my life. I am an outstanding soldier, serving two tours in Iraq. I have not done any drugs since joining. I'm trying to get a clearance and am still paying for my wrongs close to 9 years ago. People do change, I did. I would love to have a job busting drug dealers and gang bangers. After a 3 year tour on active duty I came home to see many old friends wasting their lives. Sometimes people need to experience both sides of the fence to see how they want to live their lives. I deserve a clearance so I can further my purpose on this planet.
Anonymous (Unkown) on May 17, 2009 at 12:30am
Susan, not to be rude but your age may be a big factor in receiving a clearance at this point. Considering you're living in an area that is widely sought for clearances, if you didn't have one before and your skills can't be found anywhere else, it'll be difficult to have a company pay for one. Now if you're applying for a GS position it might be different.
There was an article that said about 60% of the workforce will be retiring from the D.C. area. That leaves security clearance jobs open to people that have an active status and are in their 20s or 30s. Companies want to invest in younger people. It's the unfortunate truth. Best of luck to you.
Advisor (Home) on May 15, 2009 at 8:01pm
Problems with the use of illegal drugs stem from their unpredictable content, long term propensity to cause neurochemical imbalances: lingering after effects (specifically psychotropic episodes/flashbacks), and the individuals a user may become associated with whether intentionally or unintentionally when consuming illegal substances. If an individual actively chooses to disregard laws by taking illegal drugs or illegally using prescription drugs without knowing what chemicals may be in them, or what they may be doing to their mind/body, and/or putting themselves at risk by associating with criminals, they are not likely to be trustworthy; not strong candidates for clearance. Legalization of some drugs may regulate unpredictable content but would not change an individual's propensity to disregard laws they simply don't feel the need to abide by.
Susan don't give up hope outright, each individual situation is different, you need to discuss the specifics with your security manager and keep in mind that as Eric said, "it really comes down to how it affected your behavior."
Meg P (Houston) on May 11, 2009 at 4:02pm
An excerpt from http://www.clearancejobs.com/news.php?articleID=59 below:
"When does drinking become a security concern? Alcohol is legal and its consumption, regardless of quantity, does not by itself trigger a security concern. Alcohol consumption becomes a concern when there has been:
•Alcohol-related incident or other evidence of impaired judgment or misconduct while under the influence of alcohol.
•Negative impact on work/school performance, finances, personal or professional relationships.
•Failure to comply with court-ordered alcohol education, evaluation, treatment, or abstinence.
•Diagnosis of alcohol abuse or alcohol dependence by a qualified medical professional.
•Relapse after completion of an alcohol treatment program."
It really comes down to how it affected your behavior.
Eric (USA) on May 5, 2009 at 2:51pm
I was an habitual alcoholic for many years and am now in my first year of sobriety. I never used any other drugs. Should I give up all hope of ever getting a clearance - I'm 52.
Thanks. I don't want to waste any more time.
Susan Straka (Falls Church, VA) on May 5, 2009 at 2:26pm
The clearance situation is a total mess. The drug law situation is a total mess. We all need to refuse to convict, such as what brought down alcohol prohibition. Maybe then the politicos might get a clue. Who cares if somebody smokes God's wonderful plants?
