Employment Suitability Versus Security Clearance

William Henderson for ClearanceJobs.com - June 22, 2009

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When you accept a federal job offer that requires a security clearance, you will be required to submit a “Questionnaire for National Security Positions,” also known as a Standard Form 86 (SF86). Although the paper version of the SF86 is still in use, most applicants will use the electronic web-based version of the SF86 called e-QIP (Electronic Questionnaires for Investigations Processing).

For most positions you will have to wait until you are granted either an interim security clearance or a final security clearance before you are actually hired and report for duty. That can be a matter of a few days or several months depending on the clearance required. Your agency’s security office will review your SF86 for completeness and provide a copy to their Human Resources (HR) office where your SF86 will be reviewed to insure that you meet the minimum employment suitability * criteria for the position. If the HR review is favorable, the security office will forward your SF86 to the organization that will conduct your background investigation. At this point your agency’s security office can grant or decline to grant an interim Secret clearance, if required. A determination for an interim Top Secret clearance can not be made until certain preliminary checks are completed. These checks usually take about 20 to 40 days. When the investigation is completed, it is usually forwarded to the agency’s HR office for employment suitability adjudication. If the HR adjudication is favorable, the investigation is then adjudicated for a security clearance. These two adjudications are usually separate processes by separate offices using different criteria.

There are 3 stages at which the offer of employment you accepted can be withdrawn by the agency—the initial HR review, the HR adjudication, and the security clearance adjudication. If you are rejected because you failed to meet employment suitability criteria, your right to 1) be informed of the specific reasons, 2) rebut the reasons, and 3) appeal a final adverse decision to the Merit System Protection Board (MSPB) will depend on the type of the position you were offered. Federal agencies are required to use employment suitability standards and procedures for all appointments to “competitive service” positions. The U.S. Office of Personnel Management recommends, but does not require, that these same standards and procedures be used for appointments to “non-competitive” positions, such as “excepted service” and temporary positions.

Most Intelligence Community (IC) agency jobs and some other federal jobs that require security clearances are “excepted service” positions. Consequently if an agency withdraws a job offer for an excepted service position due to employment suitability reasons, they generally only inform you that you were found to be unsuitable for the position without providing any specific reasons. Applicants sometimes confuse this with being denied a security clearance, because the job offer was withdrawn after they submitted an application for a security clearance.

Title 5 Code of Federal Regulations Part 731 (5 CFR 731) governs federal employment suitability standards and procedures. Section 731.202 of 5 CFR 73 covers specific suitability criteria. The “Adjudicative Guidelines for Determining Eligibility for Access to Classified Information” governs federal security clearance criteria. Employment suitability and security clearance criteria are very similar, but a few differences exist.

One major difference is that suitability criteria can be influenced by the nature of the position for which you are applying, whereas security criteria is unaffected by the nature of the position. This difference can result a situation where you are rejected due to suitability criteria, but where you would have been granted a security clearance had you not been eliminated from the hiring process before your security clearance adjudication was completed. In this situation it is possible you can later be hired as federal contractor employee and be granted a security clearance at the same level required for the federal job. For example, the Drug Enforcement Agency (DEA) considers applicants unsuitable for employment, if they have ever illegally used any drug. The only exception to this is for self-disclosed “limited youthful and experimental use of marijuana.” The FBI has a similar policy that limits drug involvement to experimental marijuana use more than 3 years ago and experimental use of other drugs more than 10 years ago. Both the DEA’s and the FBI’s suitability criteria for drug involvement are significantly more restrictive than security criteria currently being applied by most federal agencies.

If your offer of employment from a federal agency is withdrawn after you submit an SF86 and the agency notifies you that you were found unsuitable for the position without providing any other explanation, the position was an excepted service or temporary position not covered under 5 CFR 731. This adverse suitability determination may not have any affect on your future security clearance eligibility. It may not have any affect on your suitability for employment at a different federal agency.

If a federal agency intends to withdraw their offer of employment for a competitive service position because suitability criteria, they must notify you in writing and state the specific reasons they believe you are unsuitable. This notice must also explain your right to receive the information used to make this decision against you and your right to make a written rebuttal. If the agency makes a final adverse suitability decision, they must notify you of that decision in writing and inform you of your right to appeal the decision to the MSPB.

If your case receives a favorable employment suitability determination, your background investigation will be adjudicated for a security clearance. All security clearance adjudications are required to provide essentially the same “due process rights,” regardless of whether the appointment is for a competitive service, excepted service, or temporary position. If there is a preliminary decision to deny a clearance, you will be sent a “Statement of Reasons” (SOR) or a “Letter of Intent” (LOI) detailing specific reasons why granting you a clearance may not be clearly consistent with the interests of national security. The SOR or LOI will include instructions for submitting a rebuttal and in some cases requesting a hearing. If there is a final decision to deny a clearance, you will be sent a “Letter of Denial” that contains instructions for submitting an appeal.

* For excepted service positions the word “fitness” may be used instead of “suitability,” but has essentially the same meaning.

William H. Henderson is a retired security investigator, author of Security Clearance Manual, and regular contributor to ClearanceJobsBlog.com and ClearanceJobs.com.

Copyright © 2009 Last Post Publishing. All rights reserved.

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Comments


	I am a civilian who had a job offer with the DIA. I passed the poly and the investigator said all was good. Yet, I was sent a letter of unsuitability with no reasons stated. I submitted a FOIA request and found out the reason, which I suspected, but which I felt I had successfully explained to the polygrapher, and investigator. They appeared to understand that is was a one time anomaly over 10 years ago due to a situation of duress, and was not indicative of my behavior. Nonetheless, the FOIA response sent me an email which was essentially an assault on my character due to the incident. (I've told a few people who know me and they can't recognize the person the email talks about). This Adjudicator took the truth I told them and twisted it into the worst possible light. Okay, I don't want to work for the gov't anymore, but I can't get them to tell me if it is in JPAS, and if I applied for another job in the commercial sector (I work in technology sales) where a clearance was required, would this distorted clearance rear it's ugly head. They say to be honest, and then when you are, they twist the truth. No Whole Person Concept was even considered. Question: If I apply for a sales job that requires a clearance, will they find record of this unsuitability (with unconfirmed clearance denial), and therefore, I should never apply for a sales job requiring a clearance? One point to clarify: Because I got nervous with the first polygrapher (first time I had ever done this), I had to go through a second polygrapher. The polygrapher specifically told me that he was passing me. The psychologist told me all had to do was pass the poly and I had the job. The investigator who spoke to people who knew me told me in the end when he called to ask me a final question, "All is good." So it was the adjudicator that took the one time situation and turned a onetime gray into a lifetime black. Thank you.

Pauline (Virginia) on February 4, 2012 at 11:49am


	Hello, A year ago I got into an accident and the police took me to the hospital saying I was driving under the influence. I was never booked at a station or had finger prints taken. The police released me at the hospital. The arrest paperwork went to the DA and the DA did not file the case due to insufficient evidence. I have a letter from the DA stating the case will not be filed end of story. I am now filing for a"petition of factual innocence" for the arrest. I was wondering, if the petition is granted will I still have to disclose this on an SF 86?

Frank (California) on February 2, 2012 at 2:06pm


	I applied for a couple of jobs with the NSA. In November, I had an interview which I passed and I was offered an CJO second week of January. The recruiter in the email said that he will contact me with more information soon. However, yesterday I received an email from noreplay (at) nsa (dot) gov that my application is no longer being considered. My questions are: Why would they tell me that I am not being considered, after they offered me an CJO? I did not even start going through the security clearance process. Did not complete the SF form. I was waiting for the recruiter to contact me, so that we could start that process. Can I appeal the denial or challenger it in any way? I really appreciate any answer I can get.

niko (WA) on January 27, 2012 at 6:08pm


	Mr. Henderson, I am currently a federal employee (GS-12) with the Department of Health & Human Services; also prior honorable Army enlisted. I currently initiated the process for an ANACI clearance. I currently have a CNACI clearance. I have oustanding personal and professional references (including current supervisor) with exception of one. I transfered here from a GS-9 position at a VA hospital. My supervisor and I did not "coexist" very well. All my perfromance evaluations, including my last one on my last day at the VA, were satisfactory. In addition, the before mentioned supervisor worked to get me promoted from a GS-9 to GS-11. However,I have been told that she will not check the box on the previous employer form as "left under favorable conditions" or "would hire again". With that said, what are the chances that I will get to illustrate my point of view. If my credit is good and my only leagal issue is a minor in possession of alcohol 15 years ago; could that one negative letter kick me out of ANACI clearance? Thank you for any guidance you can provide!

RyanNM (Washington) on January 27, 2012 at 3:06pm


	I have applied for a position as a Respiratory Therapist at a VA Medical Center. Which type of security investigation should I expect, what is involved, and how long does such an investigation take?

grtmama (united states) on January 27, 2012 at 7:10am


	MR. Henderson I recently separated form the active duty military with a TS clearance with a CI poly. I was employed by a defense contractor for a position at an IC agancy that required a FS poly. I took the poly in Dec 2011 and was told at the end of January that my the CCA I had been working under was rescinded due to my polygraph results and that I was being terminated. I spoke with the security POC for my company and she told me that my company would withdraw my sponsorship and that nothing would be adjudicated. What does this mean for my clearance? Will I receive an SOR regarding why my access was not approved? And if nothing is ever adjudicated what does that mean for my current security clearance level? Will my original clearance that was adjudicated through DONCAF remain valid, or will that be revoked? I am also an Active reservist and my position requires a TS/SCI clearance, so would I maintain this clearance or is this going to be suspended or revoked? Thank you for your help.

CJ (Georgia) on January 27, 2012 at 3:19am


	Mr.Henderson, I currently am employed with the VA with a security clearance. I had a job offer with the Army and they withdrew their offer of employment for a competitive service position because suitability criteria. They did not give me a reason and did not review my clearance with the VA even though it was at a higher level. Is there anything I can do? Seems like they are not following procedures.

Edward (New York New York) on January 18, 2012 at 1:42pm


	Dear Mr. Henderson, Thank you for your reply. In response to your question regarding job termination, I was initially laid off by the company in 2009 due to corporate cutbacks. After a review of my expenses, the company indicated that there were questionable expenses in the amount of 10K. After providing my receipts for hotels and airfare they indicated 5K was still not accounted for. I responded to the company and informed them that when I reviewed my statements online, there were unusual transactions that were not initiated by me. I opened a fraud investigation with citibank and citibank was going to issue a credit when the investigation was completed. The employer didn't care and didn't believe me, they wanted the funds immediately. I wrote the employer a check for 5K once Citibank completed the investigation in my favor. Citibank found that the signature used for fraudulent transactions did not match my signature. I could not afford to pay the employer beforehand since I never budgeted to pay for corporate expenses from my own personal account. During the LBI, the investigator was told by the former employer that I lied and deliberately abused company credit in the amount of 10K. These were coded as 3c, 5d, 7b. They interviewed another person at the same company which resulted in a 5D and the HR department which resulted in 7B. You are correct, I had a chance to explain my side of the story during the PRSI and show them all the documentation from Citibank but until I read your book, I didn't know that and didn't explain. I was hoping for the SOR so I could respond but no SOR was issued. I've worked for 15 different employers and didn't have these issues with any other employer. If they don't issue the SOR and continue to use the old LBI launched by the federal civilian agency, when do the D issues become downgraded to a C issue? Do I just wait 7 to 10years until I no longer have to list this employer on my SF-85p and SF-86? When I look at the suitability matrix here http://hspd12jpl.org/files/Suitability_Matrix.pdf, it says that D issues become C issues after 37 months and I am coming up on 3years now that it's 2012 with no new issues. Will the downgrading of these issues occur during the DoD IT II investigation? Even though this is a public trust, I've been informed that the investigation is equivalent to those performed for a Secret clearance. or is it the case that no downgrading will occur unless they launch an entirely new investigation? perhaps I should apply for a position that requires a higher level of clearance, such as Top Secret, since they will have to launch a new investigation and a new PRSI rather than use the LBI conducted previously for the IT-I public trust position. When someone says something negative during the investigation how can you recover since it's a permanent part of the file and none of the agencies want to pay for a new investigation? Also, what is OPM Assessment D? I also see OPM Assessment F- Passed in some cases but I can't find definitions for the OPM Assessment codes other than the ones I found in the suitability matrix. Thanks so much!

Kitty (Washington DC) on January 6, 2012 at 8:35pm


	Mr. Henderson, I am currently in the application process for the position of Paralegal with Immigration and Custom Enforcement's Office of Principal Legal Advisor. I was told by a colleague that OPM may conduct a background check on me for the purpose of determining my suitability for a security clearance. If indeed the above mentioned position does require a security clearance, will my retention of an bankruptcy attorney and my plan to soon file Chapter seven to discharge roughly $15k affect my eligibility to obtain a security clearance? I kindly await your response. Thank you.

John (Michigan) on January 4, 2012 at 1:31am


	I have a felony drug conviction and need to get a security clearance for a job. I have to fill out the SF86 form to deal with SSA benefits. Will this affect my chance of getting clearance? I have been offered the job with the start date, but will this affect me?

504TJR (Louisian) on December 30, 2011 at 6:48pm


	So here is the deal. I am going through the process to be a criminal investigator and am deep enough into it that I am about to fill out the SF86. I was discharged from the Air Force Honorably in 2004 and was given a VA evaluation which came back with a 20% rating for mood adjustment disorder. I was never given a treatment plan, prescribed any meds, and have never seen a counselor for it. It has been over 7 years since the evaluation. I have been working and going to school ever since I got out and am ready to make the next step. What do I do for question 21 about mental health?

Firefox (WA) on December 28, 2011 at 6:55pm


	Mr. Henderson, Thank you for responding.I'm not familar with clearance process, but this job was with State Dept!! Sad soul

sad soul (Maryland) on December 19, 2011 at 5:49pm


	Dear Mr. Henderson, I am a recent college grad (23 years old) who recently received a job offer, under a government contracting company. I am in the process of filling out my security clearance, and was terribly scared of the idea that these 2 incidents could possibly deny me of my clearance. 1) Fired from a retail job 4 years ago for stealing, but the cops were not alerted. 2) Driving after illegally consuming alcohol while under the age of 21, no jail time, just got my license suspended. Considering this is my first job, I'm not exactly sure if they can deny me this clearance, and even worse my job, since I have not started yet. Please, any feedback would really help me steer towards the right direction. Thank you very much

Worried Recent Grad (VA/DC) on December 9, 2011 at 2:43am


	Sad soul (maryland): Was your clearance processed by DISCO (DOD) or some other agency?

William Henderson on December 8, 2011 at 9:26pm


	confused1 (Millington, tn): What you describe is a big problem with some Navy commands. My feeling is that these Navy commands are processing people incorrectly for National Security and Public Trust positions. There is some Congressional interest in this matter and hopefully things will get straightened out by next year. I haven�t heard of an IT2 position being processed by the Navy as a Public Trust position. According to DOD5200.2-R, IT2 (also known as ADP-II) is a �non-critical sensitive� (National Security) position that requires the same investigation and processing as a Secret clearance. For contractors this means submitting an SF86 to DISCO. The only adjudicative facility I know of that issues a �No Determination Made� is the Department of Navy Central Adjudication Facility (DONCAF) and they only issue a �No Determination Made� on cases that are submitted as employment suitability cases on an SF85 or SF85P.

William Henderson on December 8, 2011 at 9:18pm


	I worked as a contractor for Federal Govt in DC for 3 months. Within 2 weeks after I turned in my paperwork I received my Interim Secret Eligibility through the contracting company that allowed me to work on Secret clearance required tasks BEFORE my investigation has been opened. I joined after I received the Interim, after that, I had one interview regarding my clearance. 1 1/2 month later, my manager(who works for my contracting company) mentioned that she is hearing good feedback within the team which consists of 1 subcontractor from different company and another private contractor who gets billed hourly for his own company. After 3 months, one fine day, my manager called me and said that she is firing on the basis of performance. She never once talked with me regarding any issues with me in person. I was literally shocked, since I have more than 9+ yrs of experience and I have received best feedback from my previous managers and collegeaus, they all mentioned that I work hard, strive best, gets along very well. The day she let me go, I had to explain what was going on the project and the sub-contractor had to do required work for me to proceed with my tasks and that she was cc'd on all the emails. All she said was she did not read the emails and she had to believe them since one was working for a year and the other for 10 years and she will believe them. I was never fired before so I was really upset and I cried in front of them and told them I don't agree with what they decided but they said that I need to sign the papers, which I did. I am cursing myself for talking this job. Now, I am looking desperately for jobs, some jobs will sponsor for clearance and I am not sure what to do? Since, they fired me, in what stage my investigation be? Should I apply to these jobs, if I apply what do I tell them about my previous job. I don't know if this will become red flag. The only good thing about this entire ordeal is that unemployment commission favored towards me and I got unemployment benefits. I don't know if this helps me or not. Please, please advise. Thank you so much.

Sad soul (maryland) on December 5, 2011 at 1:46pm


	I am a government contractor at the Navy Personnel Command applying for a low risk Public Trust IT II position. What type of items on your credit check would cause you to have a "no determination" made. And why are all "no determination considered an unfavorable result. I was under the impression that it is job of the Base Security manager to evaluate these. Are they not required to step in or at the least give some type of guidance and what will be accepted and what will not be accepted?

confused1 (Millington, tn) on November 30, 2011 at 12:46pm


	I lived in a State that does not have income tax, but had a job in a State that did.

Ze Big T (Pacific NW) on November 27, 2011 at 4:34am


	Kitty (Washington DC): There�s no government-wide requirement for a federal agency to tell any contractor why they were found unsuitable for a Public Trust position. Some agencies do it, but only because the agency chooses to do it. Within DOD IT-II positions are national security positions that require an NACLC. The agency will request a copy of the SSBI that was conducted for the IT-I position (also a national security position within DOD). They will probably have a new NACLC conducted, but they could rely on the older SSBI. You had a chance to explain why you failed to list the reason for the employment termination when you had your Subject Interview. There may be some federal agencies that use the terms IT-I and IT-II differently than DOD, and consider them Public Trust positions. Fortunately adjudication of DOD contractor IT-II cases go through DISCO and if there�s a problem they have to send you an SOR, unless your company withdraws sponsorship before adjudication is completed. Usually a Written Interrogatory is sent first to try to resolve the matter. If a new NACLC is conducted you�ll probably have another Subject Interview. Yes, agencies can use previously conducted background investigations to make their adjudicative decisions. Most people are happy about this, because they don�t have to wait for another investigation to be completed; they only have to wait for the adjudication. Ten years ago most cases were a year old before they were finally adjudicated. In your case the issue was about the circumstances of a job termination. How would the information change? It�s not like a bad debt that someone might have paid off two days after the investigation closed. I don�t think a lawyer can do anything for you, but I never try to dissuade a person from seeking legal advice in these situations.

William Henderson on November 23, 2011 at 10:58pm


	Rey (Maryland): Every IC agency takes a different amount of time to complete an adjudication and they only publishing their average times. You can see the published averages from last year in my article on that subject post on this website, but averages can take in a very wide range of times. The answer to your polygraph question depends on what happens during the next exam. It�s not unusual for a person to have to go through 2 or 3 exams, particularly if they are full-scope exams.

William Henderson on November 23, 2011 at 10:26pm


	Ze Big 'T' (Pacific NW): I�m confused. Why would you owe state income tax in a state you never lived in and how could there be a tax refund in a situation like that?

William Henderson on November 23, 2011 at 10:16pm


	blutao (nj): All the information you need is in Chapter One of my book, Security Clearance Manual. Chapter One is posted at my website at http://lastpostpublishing.com/securityclearancemanual_chapter1.aspx. Read the entire chapter with particular attention to the section on Single Scope Background Investigations (SSBI). If you intend to work for an intelligence agency, they will conduct an SSBI. Depending on the agency, they may also require a Counterintelligence Scope Polygraph exam or possibly a Full Scope Polygraph exam. For information about polygraph exams see my article on that subject posted on this website. It�s a good idea to tell the people you list on your SF86 that you are applying for a government job and ask them to cooperate with the investigator. If it�s an intelligence agency, don�t tell your friends the identity the agency you are applying to. Just tell them you are applying for a position of trust and responsibility with the US Government. Good Luck.

William Henderson on November 23, 2011 at 10:07pm


	I might need a security clearance soon. I just received a MS degree in CS and I was interviewed fora job which requires security (I believe highly secret security because of the interviewing agency). I am a bit uncomfortable. I am a naturalized US citizen since 2009. I have been living in US since 1993. I was married for 7 years and divorced without much issue in 2010 (no kids, or house or financial issue so divorce was quick and easy). I heard they talk to everyone at your previous work, friends etc. I do not have any convictions or anything, but still I would like to know what they will do as far as your ex-friends, close friends, ex-wife? PL just bring some light. Do I have to let them know to be ready etc?

blutao (nj) on November 22, 2011 at 10:21pm


	Mr. Henderson, I am already employed with a civilian DoD contractor on a base and have been for three years. We are now being required to submit eQip for processing as part of a public trust position (parts of the base have locations with Secret/Top Secret, but I would not normally have to go there). The only thing that concerns me is I had some unpaid State income taxes from over 10 years ago (I lived in another State that did not have State income tax and my employer in the State that did never bothered to file the paperwork and went out of business shortly after) that no longer shows on my credit reports, I think it was all paid off through subsequent tax refunds but I cannt verify that. I had intended to disclose that, but am concerned: can I lose my job over that? No criminal history, no drug use, haven't been fired (well, not for a lot longer than 7 years ago, anyway) or investigated for misconduct of any kind. Let me know, because I really like my job and I'm good at it...it kills me that it could somehow be at risk.

Ze Big 'T' (Pacific NW) on November 19, 2011 at 10:39am


	Mr. Henderson, I recently been accepted for a position that requires SCI access, I currently hold my TS which was granted in 2010. The company Transferred my TS over and now it's in adjudication. How long does that take? Another scenario Im also going through is that I've been hired for another position that I also accepted, that requires a polygraph. I've taken the poly but they want me to take another to clarify my involvement with drugs. I never had any drug issues or never used in any drugs that wasn't prescribed by my doctor. Will this process affect my adjudication process for the first job? I have accepted both positions.

Rey (Maryland) on November 12, 2011 at 11:33am


	Mr. Henderson, I don't see any posts similar to mine but you may know the answer. In July of 2011 (4 months ago) I was found unsuitable for an IT contactor position with Census that required position of public trust - Moderate Risk. Rather than conducting their own background investigation, Census used the OPM results from an older investigation for final IT-I Access authorization completed in 3/2010 (over 1 year ago!) for a different agency in order to make an unfavorable decision . Census indicated that the older investigation was for a greater level of access when compared to the moderate risk they needed.Census didn't want to conduct their own investigation in order to save costs and didn't provide a statement of reasons (SOR) for the denial and indicated as a contractor, I was not entitled to the SOR. The older investigation (conducted in 2009) found "serious issues" after the Personal subject interview (LBI) where I didn't disclose info regarding termination from a job. I never had a chance to respond to any of the concerns because I left the company before I even found out there were concerns. I thought OPM had cancelled the investigation and indeed the agency had issued a cancellation but apparently OPM had already completed the investigation before the cancellation. The government agency never contacted me to advise me of the determination because the government agency claims they could not make an adjudicative decision since I cancelled. However, they provided Census with derogatory information a few months ago. I'm wondering if I should hire an attorney ($500/ hour). I've received another job offer with a new firm that now requires final IT-II Access authorization. Can the new firm also decide to use the OPM findings from 2010 or is this too old? At what point will this info be too old? Since I was unsuitable for Census, should I even take this job offer? Was Census incorrect in using investigation findings from the limited background investigation from 2010? Usually they just do a credit and criminal check and I have perfect credit and have never been convicted of a crime. Does the new firm requiring IT-II Access have to do another PSI? I know LBI no longer exists so I'm scared I'll never have a chance to speak with an investigator and disclose this once and for all in order to clear my record. I'm thinking of just moving out of the DC area to find a job where I don't have to deal with this. Thanks so much for any help you can provide, as this is keeping me up at night causing major sleep deprivation. Thanks again.

Kitty (Washington DC) on November 9, 2011 at 11:41pm


	Rey (Virginia): This is strictly my opinion because I�ve never seen anything in writing that addresses your situation. I don�t believe you are required to answer �yes� on the SF86 at question #26.3 regarding failure to file or pay taxes. I don�t believe it is the intent of this question to discover situations where an applicant unintentionally made a mistake on their tax return. You filed and you paid what you believed to be the correct amount.

William Henderson on November 7, 2011 at 10:24am


	Patrick: I can�t answer agency-specific questions that involve employment suitability determinations. Every agency has its own interpretation of the standard federal employment suitability criteria and security clearance criteria. Some agencies have supplemental job-specific suitability criteria. There are no supplemental criteria for security clearances, except for SCI and other Special Access Programs. Recommend you read my article on �Drug Involvement and Security Clearances� posted on this website for information about how this issue is generally evaluated for security clearances.

William Henderson on November 5, 2011 at 12:15pm


	Mr Henderson, I have a question regarding taxes. I have always filed my taxes and have never had a negative judgement or audit against me. We purchased a house in 2005 and began renting it out in 2006 and 2007. For those tax years we did not disclose the amount of rent we had earned because we had been told by a friend that if we didn't make a profit we didn't need to disclose it. The money earned went straight to paying the mortgage and we were actually loosing about 300.00 a year in minor expensis and upkeep of the rental. In 2009 we applied for a VA loan and the loan officer asked us if we had gotten money for the rental during these years. We said yes and he told us that we needed to disclose it on an ademdum to the IRS. We went to a tax professional and she prepared the forms for us and sent them in. We actually got a refund from the state and federal because of the annual deppreciation of the house. We also got our VA loan without any hassel. Since then we have reported every cent earned from the rental property and have never had any issues. On the SF-86 it staes if I have ever failed to file or pay my taxes. I dont know if this qualifies as failure to file, what advise can you give me? Thank you so much.

Rey (Virginia) on November 5, 2011 at 5:23am


	Hello, I may possibly be up for a job with NNSA, and as such will begin the process for a Q Clearance with DOE. In the past, I�ve held a Secret level clearance with the Department of State. My only concern is that I have been dating a foreign national for three years now. He is from India and has been here since 2004 (completed his undergraduate and graduate studies here). He is currently working in technology/social media and is in the process of transitioning from a student visa to a H1. The investigator did bring him up in a follow-up interview for my Secret clearance, but in the end, it wasn�t deemed a problem. Will this relationship prevent me from getting a Q clearance with DOE? Many thanks.

DU (Colorado) on November 4, 2011 at 2:16am


	Mr. Henderson, I have experimented weed one time on July 2010. It has been 1yr 5months since and I dont intend on using it again and and I put that on the SF86. Will that disqualify me from getting a clearence with TSA? Thanks

Patrick on November 2, 2011 at 7:56pm


	I have a question regarding DOS MRPT.......I went through the training with a govt contractor, completed it, flew home and was informed I was denied a preliminary MRPT. I met with an Investigator and provided a detailed description of my financial background.....apparently I had some delinquincies on my credit, one being a negative dept. of education loan, which I learned was a duplicate and was reported to the 3 credit bureaus as delinquent. Once researched I learned this was inacurate and was in process of having removed. I provided investigator with reasons as to what was wrong with school loan and solution to fixing it. School loan has been removed, as well as paid one of two delinquincies for collections. When doing the eqip i failed to mention these, as I had not checked my credit in 3 years and after purchasing a house thought these had been taken care of. I disclosed this to the investigator and it appeared to be favorable interview with him. It has been 1 month since I have heard back after preliminary denial for DOS MRPT. Company has rescheduled deployment once and is still awaiting my clearance approval. How long does it generally take for an answer from DOS for final approval and do I have a good chance for a DOS MRPT being granted? I still have one unpaid collections account for $900 but am working to resolve this, as well as that was told to investigator as well. Thanks for any answers from Florida

Gman (Florida) on October 28, 2011 at 3:29pm


	I have a offer for GC job that requires Public trust clearance. I already submit the e-QIP and also had interview with investigation officer but on the other side Dept(where i am gonna work) is sending me a proposal to deny for suitability determination (interim). i didn't receive it yet, can you please tell me what exactly this is for. my background is clear, no drug, no criminal record, not even a single driving ticket. I am a green card holder but the requirement was us citizen or Green card for this position. Can you help me out please...

Kay (Alexandria, VA) on October 24, 2011 at 4:00pm


	Samatar Mohamed (California): Absent any complicating or aggravating factors, I seriously doubt that 3 infractions of the type you described would cause anyone to be denied a Moderate Risk Public Trust position.

William Henderson on October 16, 2011 at 3:12pm


	Steve (NY): I assume your SSBI was completed in May. It�s not good that NSA is taking so long to adjudicate your case. Without knowing why NSA is taking so long, it�s impossible to say how your NSA SSBI will affect your clearance eligibility with the Navy.

William Henderson on October 16, 2011 at 3:07pm


	KC (Maryland): I believe you were rejected on federal employment suitability criteria. I don�t believe you were denied a security clearance. Unless the letter indicated that you are ineligible to reapply for any federal employment for a certain period of time, you may apply to other federal agencies. When applying for a federal job that is an �excepted service� position, the hiring agency does not have to explain why you were not selected, if they rejected you due to their federal employment suitability standards. There is no appeal for this type of situation. All applicants for federal employment must be evaluated for employment suitability. This is separate from the security clearance determination. If you applied for a contractor position that had both employment suitability requirements (i.e. Public Trust) and a security clearance requirement, the agency could reject you for employment suitability without providing any reason. Neither situation is considered a security clearance denial; however, on future SF85Ps and SF86s, you will have to list the background investigation but you can indicate that you were not denied a security clearance. See my article on this website on Employment Suitability Versus Security Clearance.

William Henderson on October 16, 2011 at 3:01pm


	Nancy (VA): High Risk Public Trust positions require a BI. Moderate Risk Public Trust positions require an MBI.

William Henderson on October 16, 2011 at 2:47pm


	Hi Mr. Henderson, I have been working for the TWIC (Under DHS and TSA) program as a Trusted agent for about 2 years total I lost my job in a massive lay off a couple years back and was rehired this last Feb. after my e-Qip went through I was working again up until about a month ago when the TSA (or PARSEC I am unsure of which) contacted me by mail saying I had failed the employment suitability criteria because they had been "informed I was medicated for depression" 4 years ago. They said I had 15 days to provide documentation of this fact and a list of other documentation such as why I was depressed. I provided the documentation and was sent a letter stating that it was not what they had asked for and I was immediately fired from my job in the middle of my workday with my security privileged revoked. This letter had no information on who I could contact or any appeal options just simply "you are denied." I have an otherwise completely clean background and have not been treated for or diagnosed with depression in over 4 years (and they were told this) and don't see why it is a disqualifying offense in the first place (that would seem to me to be wrongful termination due to a disability) Is there anything I can do about this? a higher authority I can appeal to perhaps? does this case even make any sense on their side of it? Thanks in advance for any help

Robert (Connecticut) on October 14, 2011 at 5:26pm


	Hi, I am waiting on my mrpt sf85-p form to come through. I have not done anything wrong other than 3 minor tickets that I had. 1st: 500 dollar ticket for dropping a cigarette butt on the floor. 2nd: Red light camera ticket which was for about 500 dollars 3rd: speeding ticket which was for about 500 dollars as well All of these are infractions. Do you think this will affect me in passing this background check. Will it affect me in getting a security clearance?

Samatar Mohamed (California) on October 13, 2011 at 4:42pm


	I was processed for a TS/SCI with NSA from March to May of 2011. This included three polygraphs and interviews with investigators. My first question is, is it bad that I have not heard back from the agency regarding my clearance. Second concern, I was recently accepted into an Officer program for the Navy. I will soon be processed for a security clearnace. However, if my TS/SCI has been denied or is still being processed, will this effect my employment with the Navy.

Steve (NY) on October 12, 2011 at 2:22pm


	Hi- So I was wondering if I could get your opinion on my situation. I received a job offer in April that required a top secret clearance. I went through the background investigation and polygraph over the summer and I was told the longer I didn't hear anything the better. A couple weeks ago I received a letter in the mail saying that I was no longer being considered for the position but it didn't offer any explanation. I wrote a letter in asking for an explanation but have yet to hear back. I'm not sure what it means when they no longer are considering your application. Was I denied my clearance? Could I still apply for other federal government jobs? Can I appeal their decision? Will other agencies be able to see that I have already had a background investigation? Any help/advice would be more than appreciated! Thank you!

KC (Maryland) on October 12, 2011 at 12:22pm


	Does a DHS public trust clearance require a MBI?

Nancy (VA) on October 6, 2011 at 10:37am


	Jim (Arlington,va): Mental health treatment rarely results in final clearance denial. See my article on Mental Health and Final Security Clearances at http://www.clearancejobs.com/cleared-news/126/mental-health-and-final-security-clearances

William Henderson on October 4, 2011 at 11:01am


	Mr. Henderson, I am trying to apply a government contractor job which require TS/SCI. Twenty one years ago I had suffered depression and had seen a psychiatrist every few monthes for 5 years mainly just to get the anti-depressant. After that I have only got my anti-depressant from my family doctor until now. Is it going to be a problem for me to pass TS/SCI investigation.? Thanks a lot.

Jim (Arlington,va) on October 3, 2011 at 1:18pm


	I applied about two years ago and end up getting denied for suitability because when did one of the screenings. I later found out that most of the issue was because the interviewer did not understand what I was saying because I tried to overly describe each life event. I have since reapplied and just submitted SF86, will previous determination affect current decision or will I have an opportunity to redo everything? If I do get a chance and the last processing gets brought up what should I say about that?

KR ((CA)) on September 27, 2011 at 2:00am


	In determining suitability, do federal agencies like the DOJ ask you to disclose prior drug use occurring over seven years before you apply for a job?

Will (Florida) on September 24, 2011 at 8:20pm


	If I visit china as a tourist and to visit a friend will it hamper or negatively effect my top seret background investigation?

Dennis (New York) on September 21, 2011 at 8:25pm


	does a train citation prevent you from getting a TS clearnace? is that a criminal offence?

student (washington, dc ) on September 15, 2011 at 3:19pm


	Thanks so much for your answer. I think I'm going to avoid appealing for now then, since it sounds like that is the best option for now. I'm mitigating my reasons for denial, and hopefully can pick it back up again in a year or more.

E Stevens on September 15, 2011 at 11:42am


	Thanks for the answer mr. henderson. I just finished my poly and medical screening. you said in your response to my post that i made it through the initial suitability determination. At what point in the process is the final suitability determination made? When do i move on to actual security clearance adjudication?

KP (GA) on September 13, 2011 at 3:03pm


	Greetings. I was recently denied Secret clearance because of unfavorable information resulting from disastrous polygraph attempts with the NSA nearly 10 years ago. I am also ineligible, it turns out, for other Federal positions for which clearance isn't even required due to an "unfavorable NAC". Is the bad NAC a result of denial of clearance? Will it ever go away? Thank you.

Philip J (Monterey) on September 10, 2011 at 3:46pm


	Hi there Mr. Henderson, I was wondering - I am currently going to apply for a state job highway patrol and was wondering they ask In the booklet of background questions a question like have you ever lied or cheated on a tax return? I did about 9 years ago. I was young a teenager and claimed a kid for more cash. I got audited and paid the cash back. Will this affect me? Should I even put it down on the app? I don't think they'll go check my IRS statements will they? Besides that I never tried a drug and never been to jail just don't want something so little to disqualify me. I did have a petty larceny charge at age 13 will that affect me?

Concerned a little (Henderson nv ) on September 10, 2011 at 3:45am


	I applied and was offered a job in Feb. 2011 with a Govt. contractor (DHS). The position was contingent upon being granted a Public Trust clearance. I completed all the required forms and I was notified in March 2011 that I was "unsuitable for federal employment" because of a DUI 2.5 years ago. I asked if I could appeal the decision and they allowed me to submit further information for reconsideration. A few days ago (August 2011) I recieved a letter in the mail from DHS stating that my case was reviewed and that my previous "unfavorable fitness decision is no longer applicable, and a favorable decision has been reached". What should I do now? The job I originally applied for is most likely filled. Should I email the HR dept of the contractor? Is is possible to get another job with the contractor? Or would I have to go through whole process again? Thanks in advance!

confused21 (VA) on September 1, 2011 at 10:09am


	Worried in TX (Texas): I�ve heard of a few intelligence agencies rejecting applicants at the preliminary HR review stage when their SF86 shows drug abuse within the past 12 months. I�ve not heard anything regarding something as minor as taking someone else�s pain pill for a back problem. Experimental use of marijuana and cocaine use that occurred 4 years ago should not be a problem for a security clearance. I can�t comment on the significance of your financial problems without a lot more information.

William Henderson on August 31, 2011 at 5:51pm


	William, First of all, I want to say thank you for providing information for many peoples' questions/concerns. It's very helpful. For my husband's situation, I'm still at a loss if you'd label him a "likely" or "unlikely" for a TS clearance/CIA. To summarize: -Expert in a unique field -Honorable Discharge -No criminal record (not even a speeding ticket in a decade) ....Now for the not so good stuff: -Bad credit (economy destroyed us/50% cut in income). selling home on short-sale this month - other bad debt but did just pay-off vehicle in full -VERY small amount of cocaine/marijuana in 2007 + 1 pain pill from friend for hurt back in Jan 2010 100% truthful on the above on SF86. Your thoughts? Thank you in advance!

Worried in TX (Texas) on August 31, 2011 at 1:23pm


	E Stevens (Maryland): Your choice to appeal or not appeal the SOR will not prejudice any future attempt to obtain a security clearance. Unless the only issue listed in the SOR is foreign influence, you will not be eligibile for a collateral (non-SCI) security clearance at any level.

William Henderson on August 31, 2011 at 11:29am


	KP (GA): To be more accurate you received a favorable initial employment suitability review, not a final suitability determination.

William Henderson on August 31, 2011 at 11:21am


	KP (GA): Yes. I assume the interview in April was by telephone. Security clearance investigators do not conduct Subject Interviews by telephone. Recommend you read my article on Polygraph.

William Henderson on August 31, 2011 at 11:16am


	Hi Mr. Henderson, I have been visiting your site for some time and have found it very informative! Like others...I am in the process of trying to get my TS clearance. I interviewed in February, got my COE the end of February..,got a call in April that they were starting my background check and and investigator would be calling me. Investigator called...had the interview. Got a call in August to schedule for the Medical screening and poly. I assumed the background was over, but then learned that my background won't even be started until 4 to 6 weeks after my med and poly visit. Apparantly the investigator that I spoke with in April was someone from the employment suitablity department. My question is since they have scheduled me for the med a poly screening, does that mean that I have passed the suitability determination as long as my med and poly come back good?

KP (GA) on August 30, 2011 at 10:00am


	I was recently denied for a TS/SCI w/ Poly and finally received my SOR. Unfortunately, I do agree with everything in there, as all the negative reasons are things I (eventually) told the government. I excluded some things in my SF86 (BIG MISTAKE -- anyone reading this, just admit it and move on) that came up in my poly and I then later willingly told the investigator. Given that I can't find anything wrong or misleading (mitigatable, yes, but not wrong) in the SOR, is it even worth appealing? If I keep my act clean (which I'm currently doing with professional help), is it going to hurt my chances in the future if I don't at least attempt to appeal now? Can I still be considered for a lesser clearance in the meantime?

E Stevens (Maryland) on August 16, 2011 at 6:21pm


	Mr. Henderson, I recently was found unsuitable for employment with TSA, because I didn't pass the polygraph test with CBP, CBP sent the interview over to TSA, but I felt like I was pressured in to saying something I didn't want to say, the examiner was extremely aggressive and demanded specific dates, and I really could not remember then exact dates, so what I'm trying to ask you is would this background hurt me from applying to other federal agencies - all my offenses were well over ten years ago.

J wash (ga) on August 15, 2011 at 11:27am


	I am a former TSO trying to be reinstated however my credit is not the greatest. I filled out my E-86 and about 2 weeks later received a Letter of Interrogatory to respond to which wanted me to detail how I planned on paying off my debt and why I have the debt(it's under $7,500) I have been unemployed for the last 10 months which makes it difficult to pay off anything but I have been making payments on my student loan which I felt was most important in regards to TSA and I told them that I plan on paying off the rest once I have a job. I took full responsibility for my debt without making excuses and all I asked for was a chance to correct my mistakes. I haven't heard anything back yet but my question is if I get denied is there anyway I can appeal the decision?

Jay (New York) on August 11, 2011 at 12:17pm


	What does a "favorable SSBI" really mean? Is it transferable/valuable to other companies?

Javon (Pasadena) on August 10, 2011 at 9:10pm


	Can you get a non-critical sensitive clearance if you hold two citizenships (Canada and US) even if you have US citizenship through naturalization and want to work as a TSO for the TSA.

alwinfie (Michigan) on August 10, 2011 at 3:54pm


	I was recently investigated for SSBI by OPM. I was told that I received a favorable decision for my SSBI. From my understanding this is not an actual clearance, but If I needed to be read on a TS Contract I'm able to, due to the favorable decision. Could you explain exactly what this means, and is this transferable to another company? If so, if I find jobs that call for an active TS, does this mean I qualify? Thanks for your help...

benny palmer (Virginia) on August 7, 2011 at 8:38pm


	Austin (Florida): What you described (violation of probation) is a potentially disqualifying condition for a security clearance, but it is possible to mitigate this condition. See the mitigating conditions under Guideline J (Criminal Conduct) of the Adjudicative Guidelines.

William Henderson on August 1, 2011 at 5:22pm


	Mr. Henderson, I'm applying for a job that requires a TS Clearance, the only thing that worries me is an incident that involved my ex-wife back in 2004. I was charged with Domestic Harassment (non-violent) in which I pleaded guilty too. The charge was one of the lowest misdemeanors in Colorado. I recently found out that I had a bench warrant involving that issue when I came back from a overseas trip with my current spouse in 2010 but the warrant is non-extraditable, I called to ask why I had a warrant and they informed me that I failed to complete probation in which had no clue about, I consulted with an attorney and they informed me that to never come back to the state until the statue of limitations expire which in 2012. That was my first and last occurrence with the law. I have great credit. Will this result in a denial?

Austin (Florida) on July 31, 2011 at 8:21pm


	Jessica (Mississippi): Good question. I�m not aware of any federal employment form that asks for that type of information, so you must be referring to some forms used by private companies. Did you ask the company�s HR rep how you should answer the question? Anyone who is a US citizen, is not a current user of illegal drugs, and has not been denied a federal security clearance within the past year is technically eligible.

William Henderson on July 22, 2011 at 8:09am


	John (Fort Knox, KY): For federal employment suitability purposes, almost all incidents become non-issues after 7 years have passed without any recurrence. Rules governing reciprocity of suitability investigations (including Public Trust determinations) are written very restrictively and allow government agencies a lot of latitude in what they choose to do, so I can�t say whether a new investigation will be required.

William Henderson on July 22, 2011 at 7:58am


	Student (California): Of course it will hurt your chance, but omitting this information from your SF86 will result in not being hired. Many federal law enforcement agencies require a screening polygraph test as part of their employment suitability determination. If they don�t, you can ask for an exculpatory polygraph test, but they are not obligated to do it.

William Henderson on July 22, 2011 at 7:51am


	I have applied for an overseas position with a medical contractor for the state department. I was recently told that I initally cleared the medical/dental requirements and that the medical portion will be combined with the security SF 86 portion and sent to the State department as part of my total security packet. This packet with be reviewed and if accepted, then I can go to state department FACTS training. If I pass this training and all 3 portions of the clearance, only THEN will I be offered this job officially and depoly shortly thereafter. The second portion of the clearance is the eQIP security software program which I have filled out in detail and have sent it to my security advisors at the contract company many many times, clearing up inconsistencies, ie dates and places....I have also provided pay off letters from two credit card companies that show up on my credit report, also several statements of current repayment of a car repossession, and attached all of these financial documents to my eqip. The security officials are amazing at making sure that before I submit everything there is not one inconsistency or typo. My question is.... Do I have a chance of being cleared for an MRPT with these credit issues. My credit reports are amply documented and comments are supplied on the eqip that suffice for mitigating factors etc to show that I have responsibly satisified debt and/ or currently in the process of satisfying debt because I can now pay everything with a job I started in January. I was told by the security officials at the contract company that it will take about 5 weeks to know if my MRPT clearance was accepted/denied. How exactly does this whole process work? Will I initally be denied because of these issues....is there a possibility that my documentation will allow for a decision right away or is the amount of credit issues going to make it impossible for this to happen? Other than credit, I have a reckless driving charge that I paid $ 200.00 in 2007, and I have a civil judgement for 1400 of an unpaid credit card that I hav eprovided proof of payment and the remainer I am paying off this month...because I finally can, and I am not a college student anymore with no income. I wrote quite a lengthy list of mitigating factors and detailed explanation of what I've done to remedy my debt and what I am doing now. What do you make of this as far as a signigant concerns or possible denial of an MRPT clearance?

Elixir (Colorado) on July 21, 2011 at 5:02pm


	On applications for jobs it often asks what one's security clearance is. The options are active, inactive, eligible, ineligible and none. If I am a US citizen and have not previously applied for clearance, should I mark eligible or none? I have no clearance, but how do I know if I am eligible until I apply? Thanks!

Jessica (Mississippi) on July 20, 2011 at 3:34pm


	I already completed SF85p and was found favorable based on a 7 year check. I am changing jobs from contractor to GS and had to complete a 306 which was 10years. Well 9 years and 6 months ago I had a misdemeanor which I did not include on my application. The incident occurred in 2001 and carried over till 2002 after completing anger management. Do you forsee this as being an issue? Or will they use the information they already have on file.

John (Fort Knox, KY) on July 15, 2011 at 8:17am


	Everyone in the room, I've been offered an armed security job where I would be carrying a gun. It requires a Public Trust/confidential clearance. I've been fired from several jobs in the past 7 years. I will likely be getting fired from my current job in the near future. Also, I've recently consulted my primary care doctor for anxiety and was prescribed medication. If I deny having consulted a doctor on the initial-screening form (believe it's called Supplemental Questionnaire for Public Trust Positions) for a mental health condition will OPM find out that I lied? (For example by checking my health insurance records as, I used my health insurance to pay for for both the doctor's visit and the medication)? How about by checking my medical records, etc)? Will OPM/DHS even know who my primary care doctor is? Addendum: I was arrested for assault, but the charges were dismissed. I attended court-ordered anger management counseling and completed it successfully. Also, I was convicted of driving on a suspended license. Both these charges were 2-3 years ago. Which is the biggest potential problem for getting my Public Trust/confidential clearance,the job firings, the arrests, or consulting my doctor for anxiety? What are my chances are of getting a Public Trust clearance/suitable for the job? Thank you to any in the room who can offer some insight.

suitability/confidential clearance ? (California) on July 14, 2011 at 9:20pm


	Mr. Henderson, I'm considering applying for a job position at a federal law enforcement agency in the near future. During college, I took up a part-time job as a bank teller for a now-defunct bank. I believed that there was an inside job by a couple of more-experienced tellers to steal money from my drawer. I believed they took advantage of my inexperience and succeeded in stealing a large sum of money from me. Upon discovering a large amount of money missing from my drawer, the bank placed me on suspension and brought in an internal investigator to interview me. I was cleared by the internal investigator, but was fired from my job. The total amount of time I worked at this job was less than 2 months. If I disclose this on the SPF-86, will it hurt my chances of obtaining the job? Thank you.

Student (California) on July 14, 2011 at 6:48pm


	Still Waiting: I assume your polygraph test was neither inconclusive nor indicated deception. Since you have an active DOD TS the IC agency does not have to initiate a new clearance investigation. They can request a copy of your prior SSBI and use that, along with the SF86 you gave them, to adjudicate SCI eligibility. The Foreign Influence criterion is evaluated more strictly for SCI than it is for collateral security clearances. On rare occasions IC agencies may not want to grant SCI eligibility but either do not have sufficient justification for denying it or have justification that they can not reveal. In those cases they sit on the case until the applicant gives up and finds employment elsewhere. This is a violation of E.O. 12968. Two years is way to long for your case to still be in process. Something is definitely wrong.

William Henderson on July 13, 2011 at 8:33am


	armed Public Trust position (California): High Risk Public Trust positions that require both an SF85P and an SF85P-S often have job-specific employment suitability criteria. Without knowing what those additional criteria are, I can�t tell you whether the job firings are more or less significant than the mental health treatment. I don�t provide information about investigative methods as it might influence a person�s decision to disclose all information required by the forms. To do so would be bordering on subornation of perjury. Regarding the job firings, if your were repeatedly fired for misconduct (i.e. rule violation) or negligence (failing to do what your employer expected of you), your chance of a favorable Public Trust determination is poor. Being fired for lack of ability or failing to meet productivity standards is neither misconduct nor negligence.

William Henderson on July 13, 2011 at 8:18am


	Mr. Henderson, I currenty hold an active DOD TS SSBI. My close friend started his own 8a consulting company and was granted 5 TS/SCI FSP billets with a three letter agency. He submitted my SF86 in February of 2010 and I sat for the CI Polygraph in June of 2010. Since then, nothing. My friend checks with his security POC and they tell him my status is 'processing.' None of my references have been contacted. Is this something to be worried about or is this just taking forever because it does? Thanks! Still Waiting

Still Waiting (Maryland) on July 7, 2011 at 1:18pm


	Mr. Henderson; I was asked to complete a statement regarding Question 12 on the OF306. Apparently my former employer from 2007 is stating that I was either fired or quit prior to being fired which is not the case. Pursuant to the request of the HR Security Assistant I submitted a statement regarding why I answered No to Question 12. The Security Asst informed me via email that I was not being concise so I revised and sent a 2nd statement. Again, I was informed that I was not being concise and urged to think about how to answer question 12 and provide a clear and concise statement I provided a final statement and I am now concerned since I have not received any communication from the Security Asst regarding my suitability. I heard through the grapevine that my statements vary - Of course they vary but I was not aware that they would compare all 3 against each the other. I included dates and specific references in my final statement and was under the impression that this 3rd statement would supersede all others. This former supervisor and I did not get along and I was only there for about 6 months before securing other employmet. I believe the former supervisor is defaming my character and providing false information to the Security Asst. I called my former employer's HR Dept and was informed that they show I voluntarily resigned from my position, my title, the dates of employment and nothing else. In short, I am asking if you think I should contact former co-workers to provide statements regarding my employment there and that they were aware of the dissention between the supervisor and myself? I believe that I may have to submit a written rebuttal. Any advice is appreciated.

Whitesoxfan263 (Texas) on July 7, 2011 at 12:59am


	Curious (New York New York): I�m sorry but I don�t pretend to be a general expert on employment, only on government suitability and security processing. I have no idea what your prospective employer might do, if he/she learns that you were fired from your last job.

William Henderson on June 27, 2011 at 11:49pm


	Daniel (Fairfax, VA): What you described is not very significant for employment suitability or for security clearance. I think State Department has started using the new SF86, which I�m not very familiar with. I think that somewhere in 13A you will be asked about your reason for leaving and about any disciplinary action. If you provide all the information in 13A (explain it thoroughly), there is no need to repeat it at 13C. Logic suggests that a single incident like this without any other indicators of negligence or misconduct at work or any other unfavorable information should not result in an interim clearance declination and certainly not the denial of a final clearance. But it is very hard to predict the results of an interim clearance determination, because the rationale behind these decisions never see the light of day.

William Henderson on June 27, 2011 at 11:44pm


	My husband has passed his security clearance SF85p. for a military contractor. Unfortunately, he was informed his BP was too high and would need to remedy this and get a sign-off from his DR. which he did. Now that Military Contractor informed him that his position was eliminated by the company. Nothing he did, just the company decided not to hire for that position. The recruiter said he would call him if anything came up. My question is: can he apply with other military contractors stating he now has security clearance? instead of going through the process again with another military contractor. Thanks....

Tina (Austin, TX) on June 27, 2011 at 3:50pm


	Mr. Henderson, I have a puzzling situation regarding my security clearance, and will need your advice! I have been offered a job that requires a security clearance. In SF-86, it asks me to disclose if I have ever been let go during the past 7 years due to performance reasons. And yes, it did happen to me once and it was with my last job! I'm afraid that my new employer may take back the job offer if they know this. Should I be concerned? Thanks!

Curious (New York New York) on June 27, 2011 at 12:25pm


	Mr. Henderson, I have been offered a position within the Department of State provided I can acquire an Interim Secret Clearance and then a Secret Clearance. For question 13C do you think it will be an issue that 4 years ago I was documented for misconduct at a job? The details are that allegations were made that I did not complete a task as assigned, I had a witness to say otherwise, the employer called me a liar and did not ask my witness (coworker) for his recollection of the details. They documented the incident, and I decided to not dispute the documentation because I had already submitted notice of voluntary resignation because of school starting in a few weeks. 2 days after the documentation my employer notified me that he would accept my resignation early and I did not need to fulfill the full two weeks. I intend to disclose all of this, I was wondering if you had any advice regarding how to answer 13C 1 and if my explanation for 13C 2 will cause me to not get the clearance? Thanks, Daniel

Daniel (Fairfax, VA) on June 27, 2011 at 1:16am


	Mr. Henderson, I am in a particular situation that has me really confused and worried. To give you a little background, I found myself in a bit of a financial situation beginning in 2000 while attending college. I managed to get in over my head with credit card debt. Not to mention a boyfriend that used my cards with his new girlfriend. So in an effort to try to fix the situation I tried to work with my then boyfriend to pay down the debts. The boyfriend leaves town and never is seen or heard from again. I tried to manage all of the debts but just couldn't pay all of them and paid what I could. In 2002 I decided to enlist in the military and was processed for a security clearance and continued on with life. In the process I continued to pay what I could afford at the time to my credit card companies. In 2005 I separated from the military and was unemployed for about a year. I at this time had manage to pay off one card and was working on 2 other accounts. In 2006 I was hired as a contractor and filed my SF86 and worked in that position for about 4 years. Never was informed of the status of my clearance and I had access to the computers so I figured all was good. Now I have been hired on as a civilian employee for the government and when I went to the security manager to have my paperwork signed he mentioned that he couldn't because I had and NDM and with that he couldn't sign. This is where I am confused I served in the military and had access, worked as a contractor and had access never once being told about this NDM. I was granted me access to the SF85 and told that the NDM is going to be investigated (which by the way was closed) before I am granted interim access. Why not just have me fill out another SF86? Additionally, the accounts that I had previously mentioned were all charged off and no longer appear on my credit report. In total I satisfied a total of 2 accounts and the remaining were not; however, these same accounts were listed on the last SF86 completed in 2006. Will they ask about those accounts? Are they able to use the old information as the basis for a new investigation? What can I do to fix this situation. If it means that I need to go back and pay them I will. I took very bad advice from friends and family and just decided that I couldn't pay it all and tried my best to pay when I could, time went by and then they no longer were on the report. Since this past incident I have managed to maintain my accounts in good standing and nothing negative is reflected on my credit report.rAny advice would be greatly appreciated.

WorriedSick (Ohio) on June 17, 2011 at 10:15am


	I am currently unemployed and looking for jobs that will require a security clearance. Additionally I have an excellent credit rating. If I apply and accept unemployment while I am job hunting will that effect my ability to get a secret or top secret clearance in the future?

Chuck Lee (Stafford, VA) on June 16, 2011 at 12:55pm


	William - I am a contractor applying for a secret clearance at DHS. The only potentially questionable item in my SF86 is infrequent marijuana use during a three year period while I was in college (est. frequency was about 6 times during the entire period). This was about three years ago. What are my chances of getting an interim secret clearance or having it be denied?

Virginia (DC) on June 15, 2011 at 9:32pm


	My friend currently is in the hiring process as a temporary contract position for DOJ. He has submitted a Low Risk SF85P (Public Trust Position) form for a 7 years background checking. 22 years ago, he has a first-time shoplifter charge and never arrest before and after. The charge was expunged. Can he be granted a PS 85P Public Trust Secret Clearance?

shenghuan (FL) on June 12, 2011 at 6:50am


	One more question: I just read the articles about mental health counseling and interim clearances AFTER I submitted my SF-86. My counselor attests to the fact that I do not have a clinical condition, I went voluntarily to talk about work adjustment and personal relationships, nor do I have any other factors like drug use or violence. I did put info about the counseling in the comments section on SF-86 ("I am working on communication issues, relationship issues, adjustment to new settings") . But, if I could do it all over again, I would fill out the comments section specifically targeting the mitigating issues. I will have a BI. I assume they are looking at an interim with the hope of giving me an early EOD. But, mental health counseling usually results in a denial of interim. But, upon BI I am positive I will receive a positive adjudication. However, my concern is that without an interim, I will no longer be considered the "best qualified" applicant. Is this how the system works- I can be DQ'ed before there is a chance to bring up mitigating information?

eastern (USA) on June 6, 2011 at 12:09pm


	A HR specialist tells me that a position requires a "3N - Critical Sensitive" employment suitability check. This comes with SF86 and a BI. A couple of questions: 1. What is the "3N" part? 2. Can a position be "critical sensitive" without carrying a top secret clearance? The specialist would not/could not tell me if the position came with a clearance. If the procedures for a Critical Sensitive background/suitability check are the same as for a top secret clearance, then is a TS granted? Thanks!

eastern (USA) on June 3, 2011 at 10:12am


	R.M. (Indiana): A year ago adjudication time for the fastest 90% of suitability determinations ranged from 11 days to 175 days for suitability cases investigated by OPM. Most federal law enforcement agencies conduct their own background investigations and they don�t report investigation or adjudication turnaround times for suitability determinations. Unfortunately, you can see that looking at average adjudication time is meaningless for your situation.

William Henderson on June 2, 2011 at 1:12am


	Mr. Henderson, I am currently in the hiring process for a federal law enforcement division. I am currently at the NAC step within my hiring process, which I do believe is the second to last step. I know my paperwork and information will be forwarded to adjudication next, which I believe is the final step. I am wondering if you may have any idea of how long these processes will take and how much longer it may be before I could possibly obtain my clearance and start date? I am not growing impatient, just anxious. Thanks for any help and information.

R.M. (Indiana) on June 1, 2011 at 9:09am


	Dear Mr. Henderson, Pardon this long scenario but there are a few facets to it that are related. I am a contractor who has worked for the SEC in the Inspector General's Office for well over a year. Therefore, I was deemed suitable to work for the Agency and completed the SF 86 and received whatever designation I needed to start within 4-5 weeks of my being hired. A co-worker overheard or surmised that I had been arrested with misdemeanor shoplifting recently and informed my Agency�s HR department. HR asked me for details and told me that they would have to �adjudicate� my suitability again in light of this derogatory information. I maintain however, that the charge was unwarranted and that I am not guilty of the accusation though I did explain the details leading to the store's having probable cause. HR asked me to submit a copy of any court, arrest or other written notice of the charge, and do a signed personal statement of the details of what happened. They also asked for any other written documentation that I wished to provide them. I do not see how either could help my situation and feel that since the charge is unwarranted, or at least will be resolved without even a PBJ (I think the charges will be dismissed outright), there is nothing derogatory for them to adjudicate at this time. But I cannot hold them off until the charges are likely dismissed in 2 months or so. Do you think I should provide them anything? The HR personnel security chief implied that my providing them with what they want will more likely lead to a favorable outcome for me. Wouldn't a judicial notice or charge be of public record and they could locate it themselves? Right now, all they have is my telling certain details of an incident that occurred a couple of months ago. Also, they are aware of where the incident occurred. Is the SEC HR allowed to contact the store and ask for details of what happened? Is the store required to respond or is it discretionary? There was a manager at the store who was sympathetic to my situation and may not have felt I should have been charged. Is it appropriate to contact there and ask if the store has been contacted by my Agency? Also, should I ask them exactly what their process is to adjudicate my suitability. The nature of the charge (theft) has no relevance to the type of legal work that I do for my office. Finally, another agency may offer me a federal position job, also in the Office of Inspector general. If so, this vetting process could begin within a month or two. What effect will what happens in the instant case have on their security clearance/suitability process other than the fact that I will have to explain the charge since it will be asked about on their SF-86. Your advice is GREATLY appreciated.

Annette (Annapolis) on May 22, 2011 at 7:32pm


	I am currently trying to get the MSPB to accept my case with the DEA. I was denied for having received too many Speeding Tickets when I was younger. I appealed once and they upheld their decision, then I had my record expunged and appealed again, but they denied it because they only accept one appeal. I am pretty sure this doesn't fall into the suitability realm, but I do believe the Court has Jurisdiction. Do you have any specific case information or facts that I could use to support my argument. I can send you additional information if you need it. Thank you.

Joseph N (California) on May 19, 2011 at 4:02pm


	I recently was offered a conditional offer of employment where I will need top security clearance. I had to answer the medical history questions via the Internet. I think I may have inadvertently left off some information and I have already submitted the form. Will this impact me obtaining the clearance or should I contact my recruiter to explain the situation.

Tina P (Atlanta) on May 18, 2011 at 4:57pm


	Marcus (Hartford): For simple use and possession incidental to use, it doesn�t matter what drugs were use, if it all occurred more than 10 years ago.

William Henderson on April 22, 2011 at 9:09pm


	Tammy (St. Louis): I�ve never seen a document that shows how long State Department takes to adjudicate Employment Suitability/Fitness cases. The standard investigation for an MRPT is a MBI. The MBI does not include any reference interviews. References and records are checked using letter inquiries. Ever agency�s HR office has its own procedures for adjudicating Employment Suitabilit/Fitness cases. I don�t know how many levels of review State has for Employment Suitability/Fitness, but I suspect favorable determinations can be made at the first or any subsequent level. Unfavorable determinations are probably made by a senior or supervisory adjudicator.

William Henderson on April 22, 2011 at 9:06pm


	Thank you, Mr. Henderson, for responding to my post about the illegal drug use over 10 years ago. Does it matter that the illegal drugs that I used were marijuana and (less than six times over several years) Ecstasy?

Marcus (Hartford) on April 18, 2011 at 5:51pm


	Hi Mr. Henderson, Thanks for answering my earlier question. I really appreciate the information. The Department of State investigator came to my house on April 4th for the interview for my MRPT clearance. He turned in his investigation on April 5th. I was fired from my previous job for job performance. The investigator told me it was an easy investigation and they just need to make sure I was only fired for job performaance. Do you have any idea how long it will take for me to get my clearance? How many people have to review it before I'm given the clearance? I'm hoping this will be done before May 13th, that's when I'm supposed to be deployed. Thanks, Tammy

Tammy (St. Louis) on April 15, 2011 at 1:20pm


	About, but not quite, 10 years ago, I was fired from a job. It wasn't a good fit - I probably shouldn't have been hired since I didn't have the complete required skills. In the end, I believe they said I was showing up late, when it really was a boss waiting very day with a watch at the door. Is that going to be a problem? I've also had a contract job where I left after the contract, after fulfilling my obligations, but where the owner wasn't happy with me because they tried to take advantage of certain things and didn't get a freebie. Are either of these things something the FBI will look at negatively?

John (California) on April 11, 2011 at 10:04pm


	Lucy: If it was less than 2 years between the time you separated from the Army and the time you were hired for your current position and your last investigation was less than 5 years ago, normally your prior clearance could be reinstated by the Army or reciprocally accepted by another agency. However, in your case there is new potentially disqualifying information, which will probably preclude reinstatement/reciprocal acceptance. Therefore a new investigation will be required. You had no obligation to self-report your drug problem and treatment if you did not have a clearance at the time. Whether or not you had a clearance after you separated from active duty depends on whether you became a reservist when you were discharged from AD and what clearance, if any you were allowed to keep. Your situation is now complicated by the fact that you are unavailable for a Subject Interview. Without a Subject Interview it will be difficult for an investigation to be completed properly. Your investigation may be put on hold until you return to the U.S.

William Henderson on April 6, 2011 at 11:04pm


	Ellen (Silver Spring, MD): There are exceptions, but generally an agency does not initiated the background investigation until after a favorable HR suitability screening, because they have to pay another agency or contractor for the investigation.

William Henderson on April 6, 2011 at 10:45pm


	J (DC): Poor work performance that does not involve negligence or misconduct is not a security or suitability issue. Negligence can include such things poor attendance without good cause and failure to do something that is expected of you. Inability to perform at a satisfactory level or other qualification issues do not apply.

William Henderson on April 6, 2011 at 10:39pm


	Marcus (Hartford): No. After 10 years of abstinence from illegal drug involvement, prior drug use is a non-issue for federal employment suitability.

William Henderson on April 6, 2011 at 10:31pm


	I applied for a federal job over 10 years ago. I submitted the SF86 and revealed that I had used drugs in my early 30s. I received a call from the federal agency informing me that it was withdrawing the job offer. There was never anything in writing. It's been over 12 years since I have used drugs. I was interested in applying for a position with a federal agency. Will the fact that I used drugs after my 20s be a deal breaker regardless of how much time has passed since I used drugs?

Marcus (Hartford) on April 6, 2011 at 10:16am


	Hello, everyone. I've accepted a job at State Department and I'm going through my clearance process. I left my previous job because of poor performance due to anxiety which was being caused by overly aggressive co-workers. I was open about my poor performance in my job interview (but wasn't asked about the details), and still received the offer. Is poor job performance a reason for a security clearance to be denied? I know "anxiety" might be an issue (mental health), but I've been working on lessening it. My main concern is the job performance issue. My previous supervisor will most likely be contated, and I'm concerned she would not have positive things to say about my work. Any advice would be appreciated.

J (DC) on April 5, 2011 at 5:09pm


	Hello, I am in the processing stages with an agency nearby. I had an interview with someone from the suitability staff. A week or so later, I was informed that my background investigation had started. Does this mean I have passed the suitability screening, or could that come up later? Thanks for your time, Ellen

Ellen (Silver Spring, MD) on April 4, 2011 at 2:20pm


	Mr. Henderson, 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 April 1, 2011 at 9:46am


	Natchez_Line ((Tennessee)): There is nothing in the SF86 about receiving unemployment benefits. List the period of unpaid consulting work separately (i.e. unemployed from May 05 to Jul 05, unpaid consultant from Jul 05 to Aug 05, unemployed from Aug 05 to Sep 05) and explain in the comment section. If you did the unpaid consulting work intermittently during the entire period of your unemployment, list the entire period of unpaid consulting work and use the comment section to explain that you were unemployed.

William Henderson on March 31, 2011 at 11:07pm


	StevieB (NE): There can be different employment suitability standards for different positions. For instance something that might disqualify a person for a High Risk Public Trust position might not disqualify them for a Moderate Risk or Low Risk position. Ask your HR office.

William Henderson on March 31, 2011 at 10:58pm


	Tammy (St. Louis, MO): As long as it does not involve misconduct or negligence, inability to perform a job to the satisfaction of the employer is neither an employment suitability issue nor a security clearance issue. Exercise your legal right to pursue a claim is also not an issue.

William Henderson on March 31, 2011 at 10:50pm


	Hi Mr. Henderson, I applied for a job through a military contracting company. I am not able to get my MRPT clearance right away and I have to meet with an investigator through the Department of State for an interview. I have good credit no criminal history or drug use. However I was fired from my job I had for 8 months due to job performance. I filed an EEOC complaint and retained an attorney. Is this going to be a problem getting a clearance?

Tammy (St. Louis, MO) on March 29, 2011 at 10:43pm


	Mr. Henderson, I am in the process of a suitability adjudication for a Federal Law Enforcement Agency and the suitability specialist has informed me that they are at a stopping point (almost two years after I filled out the SF86) due to an issue in the investigation. The issue stems from a disclosed departure from a prior employer. I was accused of a negligent act while off hours but with company equipment (which did not happen) and I quit due to the accusations. I likely would have been fired had I not quit, they felt that adamantly about it. This was just within the Eqip timeframe, I think within 4 months of the 7 year window. The issue now is that there is a question of my honesty on the form and to explain I will summarize the situation which caused me to leave the company. Imagine you were to go skydiving. You go to the skydiving place, fill out a liability waiver, get fitted for the gear, etc. You DO NOT actually get into the plane, as you were only there to network with skydivers but not actually sky dive. You had to fill out the paperwork in order to get to the other skydivers. During the interview, I disclose all of the above. My previous employer tells the investigator that I got in the plane and jumped, which I did not. Now the adjudicator has this signed form I filled out but no one actually saw me jump, because I didn't. Now the adjudicator is questioning my honesty and how I can possibly refute the form, even though it doesn't actually prove I jumped, just that I was there which I disclosed. On the face, I look guilty but nothing actually proves it which is the worst part. I stated on the Eqip the exact situation and now this form that INDICATES that I could have done something I say I did not do is now getting in the way of my adjudication. On top of this, I am currently employed with the same agency in a non-law enforcement and I would like to know what effect this possible negative outcome could have on my current position. Thank you very much.

StevieB (NE) on March 28, 2011 at 7:48pm


	Mr. Henderson: If you have an answer to this question regarding my 7-year employment record on SF-86, please advise. I received state unemployment benefits for a time; during this time I also worked as an unpaid consultant in at a private sector firm. Per SF-86's instructions, I know I am supposed to identify this work period as employment activity (using Code 9: "Other"). But am I also supposed to provide a separate entry for the same time period, using Code 7 because I was receiving "unemployment"? Is the receipt of those benefits a separate "employment activity" that must be listed? Thanks.

Natchez_Line ((Tennessee)) on March 23, 2011 at 9:34am


	mnh (Louisiana) You will have to list the treatment on your SF86. See my 2 articles on Mental Health and Final Security Clearances and Mential Health and Interim Security Clearances (on this website) for more detailed information.

William Henderson on March 21, 2011 at 5:07pm


	Worried in CA (Sacramento, CA): If you don�t have any delinquent debts, there should be nothing to worry about. The amount of debt a person has rarely becomes an issue unless there are credit problems or indicators of unexplained affluence.

William Henderson on March 21, 2011 at 5:03pm


	Milton (Maryland): I don�t know. It sounds strange to me. They should tell you why and give you a chance to appeal their decision. See my article on HSPD-12 credentialing.

William Henderson on March 21, 2011 at 4:59pm


	I have a quick question, which for some reason I cannot get a straight answer. From reading your information I thought maybe you would know something. I've been working on a contract for more than two years now. I have been cleared for my SSBI (two years) and have been approved for SSBI-SCI. My question is for some reason I got denied for a CAC. I have applied for a reasoning but never got an answer. The only thing is I was charged 10 years ago with a felony charge which I have listed on my SF86 called "Conduct of Another" which means I knew someone was stealing but I didn't report it to my supervisor. If I'm cleared in JPAS and my clearnce is still good why can I not get a CAC ?? I hope maybe you have an answer on this...

Milton (Maryland) on March 16, 2011 at 9:30am


	Mr. Henderson, I'm retiring from the Air Force next month and got hired as a Contract Specialist with the VA. I'v had an active TS clearance since 2000 and now must get a Public Trust clearance. I have a consolidated loan with a balance of $28,000 and credit cards with balances totaling $25,000 (due to divorce). I have a spotless credit report with no negative marks on the report (740 rating). I have always paid my bills on time. I start next month with the VA, before my clearance will be accomplished. Other than my high debt, there are no other "potential red flags". Should I be worried about not receiving my Public Trust Agent clearance?

Worried in CA (Sacramento, CA) on March 7, 2011 at 5:45pm


	I'm having to go through a NAC for a secret security clearance for the national guard. I only have ONE thing I am worried about and it refers to the mental health question. I underwent treatment for depression years back (within the 7 asked on the SF 86). I was passed an STD from a former boyfriend. After discovering I had this I approached him with the news and he began with the emotional abuse which put me in a downward spiral. I sought out counseling from a local psychiatrist/counselor for all of this which he ended up classifying me as major depressive without psychotic features and wanted me inpatient for one week to regulate meds. Would this classify as the family, marital, grief counseling not related to violence by me? Or should I just go ahead and list the doctor down and tell the interviewer the why's and what's about this situation? My doctor has cleared me and took me off meds over a year ago for military service. I plan on going to him just to get him to write a letter stating I haven't seen him in a year or whatever and I am still okay and not a national threat to anyone. Your advice on how to answer that question is greatly appreciated. As I have mentioned, there is NOTHING else on my record.

mnh (Louisiana) on March 7, 2011 at 9:02am


	I've been searching for 5 days and found your board. I don't know if my situation is a unique one or not but I'd like like some clarity.I've been working as a contractor since October. I was recently found unsuitable for the position and was removed from the client's location. However, in December I accepted a federal position that is an excepted service position for which I'm currently undergoing a background check for an SSBI. Will the denial of suitability have bearing on the SSBI and obtaining the clearance for the Fed position?

Terry (Maryland) on March 6, 2011 at 9:02am


	Hello Bill, Great site, wish I found it sooner. Anyways, I have a quick question. I recently received a letter from an IC that I applied to. It stated that "....you have been disapproved for access to classified information...". No reasons came with the letter, however in the letter it did state that "...will provide you shortly with a written statement to explain the exact reasonsfor your security disapproval and to explain how you may request a review of the security decision." Is this a suitability or security clearance issue? The letter came approx 3 weeks after my 3rd polygraph (full scope) session.

anon (milkyway) on March 5, 2011 at 3:57pm


	Joey (Carolina): You were misinformed. You are not eligible to have your clearance reinstated because of the potentially disqualifying things that have occurred since your clearance was last adjudicated. You were misinformed. You are not eligible to have your clearance reinstated because substantial issue information has surfaced since your last clearance adjudication. Executive Order 12968 states: Sec. 2.4. Reciprocal Acceptance of Access Eligibility Determinations. (a) Except when an agency has substantial information indicating that an employee may not satisfy the standards in section 3.1 of this order, background investigations and eligibility determinations conducted under this order shall be mutually and reciprocally accepted by all agencies.

William Henderson on March 1, 2011 at 9:24pm


	Mr Henderson, Thanks for giving out all of this advice and information. For the past three years it has been my goal to get into the FBI. I am currently in law school, and have a little bit of experiance working in the federal government. I have never done drugs, have decent credit for a student, and have never been in trouble with the law. However, there are two issues which make me nervous about the interview / background check. When I filed my state taxes this year I discovered two past debts I had forgotten about. I was about 50 dollars short on my state income taxes in 2008, and for whatever reason I didnt send the check / forgot about the debt, and the state of Virginia did not contact me or make any efforts to colllect. I also was notified by the city that my state refund was put on hold because I had a parking ticket in 2009 that I was not aware of. I made sure all of those debts were paid as soon as I found out about them, but have they already hurt my chances for being a special agent with the FBI?

Tim D (Virginia) on March 1, 2011 at 6:34pm


	William, It has been less then two years since I was active so it is my understanding that I am eligible for active clearance without any investigating. I submitted my background check last Friday and haven't heard anything back and am scheduled to be at CRC in less than 2 weeks. I have never gotten anything negative in regards to my clearance...

Joey (Carolina) on February 27, 2011 at 1:04pm


	Joey (Carolina): Are you saying that some federal agency granted you a TS/SCI within the past year? Otherwise you do not have a clearance. Your clearance terminated when you were discharged from the Army. The Army probably submitted an incident report in JPAS regarding the drug use before you were discharged. If this is the case, as soon as the defense contractor receives your SF86 and checks JPAS they will see that there is an unresolved incident report in your JPAS record. They may recind the offer at that point because your prior clearance is not reinstateable. If that happens, it will occur a few days after you submit your SF86 and they will not forward your SF86 for a new investigation. I suspect they extended a conditional offer of employment because they thought your clearance was reinstateable. If they submit your SF86 for investigation, your case could take 6 months to a year.

William Henderson on February 19, 2011 at 2:01am


	I have gotten a conditional letter of employment with a top defense contractor for an intelligence analyst in Afghanistan. I already have a TS/SCI with polygraph. I am worried that this company will rescind this offer because of the following after doing the background investigation: 1.I received a general discharge from the army under honorable conditions for drug use about a year ago. I am barred from re-enlisting. 2.I attended a VA rehab program afterwards for PTSD and pill use last summer and assume it will come up under medical records during the background investigation. 3.After I got discharged I had monetary problems and my credit score suffered accordingly. 4.Reckless driving charge due to speeding which I know is a misdemeanor There are many costs I need to incur to get ready for deployment (no dental but need to get a root canal, 2 pairs of glasses, all medical check up paperwork, etc.) and I am turning my Background Investigation sheet in today so that they may begin it. Does anyone know what the chances of them rescinding the offer are or how long the process may take?

Joey (Carolina) on February 18, 2011 at 8:21am


	Piko: I�m surprised the FBI is offering you an opportunity to appeal. Unless the FBI has changed its internal procedures, you were probably disqualified for employment as an SA based on employment fitness standards, rather than denied a security clearance. Being found unfit for employment is not the same as being denied a security clearance and does not have to be listed on a future SF86, unless you were debarred from federal employment. However you will have to list the investigation. Neither being found unfit for employment nor being denied a security results in permanent disqualification for future federal employment and/or security clearance. Most agencies will not accept a new security clearance request on an applicant until at least one year has passed since the security clearance denial. There is no similar time limitation on adverse suitability/fitness determinations, because different jobs can have different suitability/fitness standards. If you were in fact denied a security clearance, the letter of denial should have included instructions on how to appeal the clearance denial to the FBI�s �Personnel Security Appeals Board.�

William Henderson on January 7, 2011 at 4:06pm


	Barry (Maryland): Being granted an MRPT position doesn�t automatically result in the termination of a national security clearance, but if the new position does not require access to classified national security information (confidential or secret), your secret clearance will probably be administratively terminated. There are positions that are designated as both Public Trust and National Security. �Suitability/Fitness� determinations (i.e. Public Trust positions) can not be compared to national security clearances (i.e. confidential, secret, or top secret). The MBI for a MRPT position has a broader scope than a standard NACLC for a secret clearance, but it can not be used as the basis for granting a secret clearance unless it is based on an SF86 (vice SF85P).

William Henderson on January 7, 2011 at 3:33pm


	You have helped so many on this forum, and I am writing to seek some advice. Long story short: FBI SA Applicant, began background check in June 2010 and immediately deactivated due to drug usage as a minor more than 15 years ago, Appealed that decision and got my application reactivated/conditional offer reissued, background began second time in Sept 2010 and seemed to go well, did not hear anything until adjudication and was denied AGAIN for the same reasons as before. I know I revealed way too much in my PSI (I revealed things that occurred when I was very young - age 14 to 17). These are the things they denied me for during the adjudication process. Note, I was honest from the beginning, so this is not a tale of how I was deceptive and later made admissions. The FBI knew these things all along. My question for you: I have been advised that I am ruined forever and will never be able to obtain a Security Clearance if I do not appeal. An attorney informed me of this. He stated that there is a federal database that shows I was denied by the FBI and anytime I try to get another clearance, it will be denied because I have been denied before. Is it true that I can never work for another Federal Agency again since i have been denied by the FBI? Thanks.

piko on January 5, 2011 at 2:28pm


	Sir, I was granted a DOS secret (final) less than a year ago and now have a new job offer requiring a DOS MPRT. Now I'm having to jump hoops again even though the MPRT seems to be a lower clearance level. On the other hand, in reading some of the other comments here it seems that an MPRT requires more of an investigation . Also, I continue and am if granted an MPRT, will I retain or loose my secret? Not sure I should accept the new position if my clearance status will be downgraded or less marketable. Thanks

Barry (Maryland) on January 5, 2011 at 8:54am


	Jackson (VA): First, I would like to point out that this is not my blog. I wrote the article on �Employment Suitability Versus Security Clearance,� as well as many others on security clearance issues that are published on this website. Click on the link "In the News" at the top of this page for a complete list of articles. I am gratefully to ClearanceJobs.com for sponsoring these articles and providing a public forum for people like me to share what I know. There are many places on the web where people ask and other people answer questions about government clearances. Unfortunately most of the answers are posted by well meaning people who base their answers on dated, limited, personal experience rather than an understanding of government regulations and standards, and recent government reports. There is no government-wide policy on interim Public Trust clearances--each agency has it own rules for this. By definition an interim clearance is granted based on the favorable completion of partial investigative requirements. It is granted on a temporary basis, pending completion of the full investigative requirements. Minimum investigative requirements could be a little as a favorable review of the SF85P and a search of federal clearance databases. In your case it obviously also included a PRSI and probably an NAC and credit report. CBP has delegated authority (from OPM) to conduct its own investigations and uses the services of a contractor that supplies background investigaitons. The only data available on turnaround time for suitability investigations are for those conducted by OPM. You can draw some inference from CBP's stats for National Security Clearances--CBP was the worst agency for end-to-end completion times in 1st quarter FY2010. They took 4 times longer than the average for all other federal agencies.

William Henderson on December 15, 2010 at 12:07am


	Mr. Henderson, Thanks for your exceptional blog, very informative. I accepted a position which requires a public trust clearance with DHS/CBP, submitted SF86P in September, had a interview with an investigator in October, and received interim clearance December 13. My question is in regards to timeline - isn't the interim clearance usually granted before the investigation, or are these processes occuring concurrently? In your experience, how long after the interim clearance is granted is the full clearance granted (no background issues to speak of). Thanks

Jackson (VA) on December 13, 2010 at 11:37am


	my husband has a chance to work as a translator for the government. he has a bad debt for 1400 dollars for a medical bill. would he be turned down for the job because of this? should he contact the agency to discuss this before he fills out all the paperwork? its a great job, and he would hate to miss out over this. advice?

confused (earth) on December 8, 2010 at 1:29pm


	Gregory (Vienna, VA): Yes, it is possible If the agency has established any aditional employment suitability criteria. For instance FBI has an employment suitability standard that would disqualify a person who has used marijuana less than 3 years ago (or any other drug less than 10 years ago). However, a contractor could receive a TS clearance and staff-like access from the FBI, even though he/she did not meet this standard.

William Henderson on December 6, 2010 at 5:00pm


	I am a contractor with staff-like access at my agency. Recently I interviewed for a staff position with the agency and received a COE. They have already told me I will not have to retake the poly. I know suitability and security clearances are not the same things. So is there any reason why I would be unsuitable even if I have a clearance from them?

Gregory (Vienna, VA) on December 2, 2010 at 3:06pm


	JES (Portland Or): What type of federal clearance was the background investigation for?

William Henderson on November 12, 2010 at 9:25pm


	Mr Henderson, I believe I will be offered a position with the government soon (I have been interviewed). A security clearance will be needed. I have no criminal record, no driving record, never used or experimented with drugs including marijuana, I am debt free with no bankruptcy... BUT, I was terminated or let go from my last position. I disagreed with the termination, I was never given anything in writing from my employer, I fought for unemployment via the appeals process and won my appeal for unemployment. How would or how should I answer "reason for leaving" regarding my last position? I feel I should not have to disclose the termination or discharge because I won my case. Thanks in advance for your help.

Fired Without Cause (OH) on November 12, 2010 at 7:43pm


	I recently went through a BI interview for a police dispatch job. Everything is stellar except for my credit, which has a low score and late payments, which are due to extended unemployment and not being able to work for an extended period of time due to numerous surgeries. I supplied the interviewer with a letter from my doctor that detailed that I was off work for more then 18 months and unable to work. In addition I attached a letter explaining the reason for the credit as it stands. The information also shows that I have been making an effort to pay off and catch up these accounts, which would be complete within 60 days if I got employed. Will the adjudicator take all of this into consideration when they review the information and give it a fair shot? I was at my previous employer for 28 years with no financial or performance issues.

JES (Portland Or) on November 10, 2010 at 2:07pm


	Wilber (Maryland): I suggest you read some of my other articles posted on this website. Then if you still have a question, post it under the most applicable article. The articles are all posted on this website at http://www.clearancejobs.com/in_the_news.php. The ones that apply to your situation are: Mental Health and Final Security Clearances Mental Health and Interim Security Clearances Drug Involvement and Security Clearances Alcohol Consumption and Security Clearances

William Henderson on November 8, 2010 at 11:02pm


	Coda (NoVA): You need to account for all your employment and unemployment activity for the past 7 to 10 years depending on the level of clearance required. If you voluntarily quit your prior jobs and there were no allegations of misconduct, you have nothing to be concerned about. You will just need to explain your reason for leaving.

William Henderson on November 8, 2010 at 10:48pm


	Mr. Henderson, I work in a professional capacity in the higher education system as an information technology role for 14 continuous years. During these years, I completed my BS and MS degrees in the information technology arena. From 2000-2007, I was a regular user of marijuana (daily or weekly). What stopped my usage of marijuana was a number of factors, such as changing friends, the economic financial downturn, and the fact that I would be getting married late 2009, which I did. Since then, I have been looking to change careers and have been offered a very nice job with a government contractor. Obviously, I am concerned about my marijuana usage. During this time, I have been seeing a psychologist and/or a psychiatrist to help with my depression issues and have discussed the possibility of my clearance with them and they feel that I should go ahead with the clearance process and would provide necessary documentation, if requested. Two years ago, I also asked to be put on Naltrexone (a stop drinking medication), so I know my marijuana use and desire to stop drinking is on my medical records. My credit is spotless, as is my criminal record, however I was arrested for drunk in public in 1994 (after a friend got a DUI) and had the conviction taken under advisement by the judge at that time. The contractor is unclear if they will pursue a secret or a top secret for the position, however, I do know they work with the DoD and not OPM on these matters. What do you think of my chances of obtaining a clearance are based on this?

Wilber (Maryland) on November 8, 2010 at 12:30pm


	Rodney Troxel (Swansboro NC): Your Secret clearance can be reinstated (�current�), provided it has been less than 2 years since it terminated and your last investigation was conducted less than 10 years ago. Your clearance should have terminated on the day you retired. Rather than indicating on a resume that your clearance is �active,� �current,� or �expired,� you should list the clearance level, date terminated, and date of last investigation. If you want to verify the exact dates, send Privacy Act requests to the US Army Central Clearance Facility (CCF) and to the Defense Security Service (DSS), if your last investigation was completed prior to February 2005). If your last investigation was completed after February 2005, send Privacy Act request to Army CCF and the Office of Personnel Management (OPM). Either DSS or OPM will be able to provide a copy of your last investigation and Army CCF will be able to provide information about your clearance.

William Henderson on November 6, 2010 at 7:22pm


	In reviewing a series of your articles, I recognize we may a rigorous security screening process but we appear to lack the presence of an initial suitability check upfront. If I suggested such suitability checks be added to the overall hiring process, would they be the responsibility of the central recruiting office, the hiring manager, the work center, or the security office to design/implement Chet in NY

BT (NY) on November 6, 2010 at 1:42pm


	I found this after reading almost 3 years worth of your comments. The Adjudicative Guidelines for Determining Eligibility for Access to Classified Information governs federal security clearance criteria. Answered my questions... Thank you so much for the link and your help to many here. I would still welcome your feedback regarding the best way to document regarding the example I gave...

Coda (NoVA) on November 5, 2010 at 10:07pm


	Mr Henderson, I have a clear background with regards to debt and convictions, but have left jobs/contracts under less than favorable circumstances in the last 5 years. As a contractor, i9 taxable, do I need to document all locations? and if my reasons for leaving the jobs are verifiable, i.e. my resigning under hostile conditions for refusing to participate in fraud which companies owners were later indicted for, how do I disclose? Along those lines what if any are mitigating actions for less than favorable separations and potential negative feedback from these "biased" sources? I have good references until 2003, relocated, then starting with one company from 2003 which terminated in 2005 until last year, I have worked in all manner of unprofessional places and usually caught the short end of the stick, as my above example indicates... My clearance would be for the military so I believe after earning several years of positive military service these references wont be so important, but want to know if they will be considered relevant, significant, or a pattern currently? Thank you.

Coda (NoVA) on November 5, 2010 at 9:43pm


	Mr. Henderson, I recently retired from USA Special Forces and had a Secret clearance while on active duty. How do I find out if my clearance is still current? I am unsure of exactly when it was done, and I know it is good for ten years. Is there any way to find out? Clearancejobs.com states it is a felony to apply for a job and state a clearance is active/current if it is not, so I can't even apply until I am sure of the status. Any help would be greatly appreciated.

Rodney Troxel (Swansboro NC) on November 4, 2010 at 11:28am


	Contractor (Military base): I�m not aware of any DOD requirement for Public Trust (PT) investigations for CAC holders. CAC is DOD�s term for an HSPD-12 Personal Identity Verification (PIV) card. Implementing directives for HSPD-12 require a minimum of an NACI investigation for PIV card issuance. The NACI for a PIV card can require an SF85 or an SF85P (the SF85 is much more commonly used). You can also be required to submit an OF306. A PT investigation requires an SF85P and sometimes an SF85P-S. If you are required to submit an SF85, you will know it is for a PIV (or CAC) card. If you are required to submit an SF85P, it could be for either a PT position or a PIV card. SF85P-S is only used for special PT positions. The SF85, SF85P, SF85P-S, and OF306 do not ask about any criminal offenses that occurred more than 7 to 10 years ago, because there is a presumption that such offenses are no longer material to suitability adjudication. That doesn�t mean that criminal offenses from long ago can not be considered in making a suitability determination, but most such offenses are fully mitigated by rehabilitation as evidenced by passage of time without recurrence. See my article on HSPD-12 at http://www.clearancejobs.com/defense-news/177/homeland-security-presidential-directive-12-hspd-12

William Henderson on October 29, 2010 at 5:35pm


	Mr. Henderson, I am currently a contractor working for a corporation contracted by the Army. There is apparently a new DOD directive that requires a Public Trust investigation for all CAC card holders. I have several felony convictions from the 1980s involving firearms and vandalism from single incident. No trouble since. A CAC card is essential to my duties. How worried should I be?

Contractor (Military base) on October 27, 2010 at 10:12pm


	Dreams come true (Germantown, MD): The fact that you father�s family was originally from North Korea should not be an issue. What matters is your contact/ties with non-U.S. citizens and people outside the U.S. and whether you still have ROK citizenship and/or passport. I believe SCI still requires a waiver if the applicant has non-U.S. citizen immediate family members and the waiver is based on a �compelling need� statement and a risk assessment. See the articles on �Foreign Influence and Security Clearances� and �Dual Citizenship and Security Clearances� on this website.

William Henderson on October 26, 2010 at 7:05pm


	Mr. Henderson, I was happy to find this website and thank you for your help on answering questions. I have a concern about getting a clearance and want to know what you think about my situation. I was born and raised in Korea and became a naturalized citizen about 13 years ago right before I graduated from a college. I recently change my job and the new company is going to apply for top - SCI clearance. I haven't done anything wrong in my life, but my parents and in-laws are in South Korea. My wife is from Korea also and a permanent resident, but going to be a citizen soon. I and my wife got our education here and will live in the state, but I wonder having parents in Korea would result in denying the clearance. Worse than that, my father's family was originally from North Korea, but when my father was 2 years old (1948... before Korean war), they move to South Korea, because they were in democratic party and did not want to join communist party. I know nobody in North Korea, but would it be a negative factor? Thank you for your help.

Dreams come true (Germantown, MD) on October 25, 2010 at 8:51pm


	soldierdad (Mass): Your former spouse will be interviewed as part of the investigation for a TS clearance. If she recants the allegations, no problem. You must list the custody hearing in your SF86. Unsubstantiated allegations documented in court records, have no more probative value than other unsubstantiated verbal allegations. It is not unusual for former spouses to make false or exaggerated allegations that can not be corroborated. Investigators and adjudicators know this happens. Your former spouse�s allegations will be further discounted if she did not immediate call the police to report the assault with a deadly weapon.

William Henderson on October 23, 2010 at 12:02pm


	David (MA): No, the National Investigative Standards for security clearances have not changed and the chart at page 15 is still correct. I suspect you have applied for federal employment that requires a Secret. This requires both an employment suitability investigation and a security clearance investigation. The basic suitability investigation for federal employment is a NACI. When a secret clearance is also need, the ANACI investigation is used. See page 7 of my book. The ANACI includes written inquiries to employers, schools, and personal references. There were 4 other suitability investigations (now only 2 others since 1 October 2010) that could be used for positions that require both a Public Trust determination and a Secret clearance. See my �Federal Security/Suitability Clearance Chart� at http://lastpostpublishing.com/Documents/Clearance%20Chart.pdf for more details. Federal employment suitability and federal employment fitness (which are the same but apply to 2 different sets of applicants) are subjects that could only be covered in a separate book.

William Henderson on October 23, 2010 at 11:37am


	Price (Washington DC): Information in a credit report is accepted as prima facie evidence of a debt until it is refuted by evidence of greater probative value. If the government agency that processes your PT application uses the same standards used for a security clearance, I'd say you had a good chance.

William Henderson on October 23, 2010 at 11:10am


	FederalContractor (FL): No. Having the SSBI (for the TS clearance) cancelled will have no affect on your Secret clearance, unless potentially disqualifying information surfaced in the SSBI before it stopped.

William Henderson on October 23, 2010 at 11:01am


	Mr Henderson, I recently resolved a custody issue with my wife. Days before our final hearing in which we planned on just signing our arranged agreement. I received a package from her attorney that was a responsive declaration attacking me with the stereotypical "crazy veteran" approach. In it she claimed to be afraid for her own safety because of my "Special Ranger Forces" training may lead me to become violent. She also accused me of threatening her with a firearm, even though I have never owned one. It is a complete falsehood aimed at appealing to most civilians interpretation of returning veterans. The problem is, the papers have already been filed, you cannot erase them. I can Seal them but it doesn't matter because the govt still has access. My question is this, how likely are my ex's crazy, emotionally charged accusations in our child custody order likely to appear in the course my clearance investigation for a TS? Thanks, Soldier Dad

soldierdad (Mass) on October 21, 2010 at 1:58pm


	Mr. Henderson Hello, I'm wondering if many prcedures have changed since they implemented the new SF-86 in 2008? In chapter one of your book, the table on page 15 indicates that while applying for a secret clearance, only the first 5 will be checked. I recently applied for a secret clearance and I know for certain that they are checking personal references, as one of my friends recieved a request for information earlier today. Have they started investigating more for secret and confidential clearances now?

David (MA) on October 18, 2010 at 4:58pm


	Mr Henderson, I currently have a secret clearance and applied for a job that required a top secret clearance. I am currently in the background for that clearance. I have decided not to take the new job and cancel the offer of employment. Will withdrawing my offer hurt my current security clearance.

FederalContractor (FL) on October 12, 2010 at 1:36pm


	In 2008, I listed my property for short sale due to financial hardships. The property was finally settled in August 2010. Two banks and HOA were involved with this transaction. All of them have been legally paid and settled. One of the bank has reported it to my credit report as Paid in Settlement. The HOA has filed a Release of Judgement but it does not appear on my credit report yet. The second bank still shows as past due and open since it will take them about 90 days to post as settled. I am applying for a new job that requires a Public Trust (SF85P). I am concern that the second bank's open account with past due amount of 85K and the HOA judgement will create a problem for me in getting Public Trust clearance. I have all documentation to support that all of these have been settled. The rest of credit is in perfect condition with no late payments on anything else. Credit score is at 700s even with the two banks and HOA judgement. What are my chances of geting a Public Trust?

Price (Washington DC) on October 12, 2010 at 10:03am


	I am in the process of being hired for a NAF position which requires a NACI but in the clearance section they dont have any of the boxes checked (Clearance, Entry or Access Requirement). My situation is this I have a few financial problems, (I was past due on a private student loan for a few months and I know I have a collections account for 3000) on top of that I had a run in with Johnny Law that resulted in a Dismissed Violation back in 2008. My question is given these set backs, are any of these relevant to just a NACI without clearance?

Nervous (DE) on October 2, 2010 at 7:12am


	Mr. Hunsaker (Germany): There is no one-to-one relationship between security clearances and national security position sensitivity levels. All positions requiring a TS clearance are critical sensitive, but not all critical sensitive positions require a TS clearance. DOD ADP-I and ADP-II (also known as IT-I and IT-II) as designated as critical sensitive and non-critical sensitive, respectively, and therefore require a SSBI (IT-I) or ANACI/NACLC (IT-II). ADP-III (IT-III) sometimes requires Trustworthiness Determination. DOD 5200.2-R addresses these positions, but the regulation has not been updated for a long time. There is some information on this matter at http://www.tricare.mil/tma/abouttma/oa/psd/adpit.aspx, which I am sure they obtained from some DOD Directive or Instruction. SECNAV M-5510.30 provides an explanation at paragraph 5-3 and elsewhere in the manual. Army Regulation AR 380�67 addresses it at Appendix K (and elsewhere), but it is also dated.

William Henderson on September 23, 2010 at 2:41pm


	I am creating a new memorandum for appointment orders which must include what IT level the system administrator is according to JPAS. How do the different IT levels (ITI,ITII and ITIII) marry up to the different clearance levels (S,TS and TS-SCI)?

Mr. Hunsaker (Germany) on September 23, 2010 at 3:56am


	Capsfan (Leesburg, VA): Answer �yes� to question 13c1 of the SF86. Then provide the appropriate information in the blocks just below that. If by copying information to a flash drive, you violated company policy, you will also have to answer �yes� to question 13c3 and you will probably have to answer �yes� to question 27c (Use of Information Technology Systems). In the comment section of question 13c of the electronic version of the SF86 (or at the continuation space of the paper version) explain what happened as you did here. If you answer �yes� to question 27c, you should use the comment section and refer to your comment at 13c. The significance of this issue depends on the significance of the information on the flash drive and whether you knowingly violated company policy. If it was sensitive proprietary information that would be valuable to a competitor, I can see your former employer making a big deal about it. On the other hand if it was information was not sensitive in any way, I don�t think that being fired under the circumstances you described will result in the denial of a clearance.

William Henderson on September 21, 2010 at 8:42pm


	Mr Henderson- I recieved a secret clearance a few years ago but there was an incident I hadn't disclosed at the time. I had been fired from a job for testing positive for marijuana. It was right after I had finished an 5+ year enlistment with the military. I didn't disclose it at the time as it had been so recent I didn't think they would approve me, and I didn't think they would call to checkwith the ex employer. I was right, they didn't. Anyways that was a few years ago and now I have to go through eqip again with a new employer. I already submitted it once and didn't enter the info but it was kicked back for some reason. Its been eating at me and I want to come clean and be completely into the blue, but I don't know how bad it will look that I submitted it once with false info and then changed my story. What should I do?

Come clean? (Virginia) on September 21, 2010 at 3:29pm


	Mr. Henderson, I am wondering how the following situation will affect my potential security clearance and how I should handle it while filling out my SF86. 2+ years ago I was fired from a job. It is not my current job which I have great performance evals for. Anyway, the reason I was terminated is because I had work documents on a flash drive. I feel the employer was being hostile because that same day I had asked for a raise. They told me no and I informed them that I was considering quitting to pursue other opportunities. Before I could inform them that I quit they called me into the hr and while there someone else looked on my thumb drive and saw the work stuff. They then informed me I was terminated. I truly feel they were angry that I had told them I was considering quitting and the environment was very hostile anyway. The documents in question were not classified they were just some documents like spreadsheets that I wanted to be able to work on from home. I surrendered the flash drive immediately to the hr rep and left the job and nothing else was ever done about it. I have remedied the situation by not even taking my flash drive into work anymore to avoid any future "consequences". I am a former military member with the US Navy and this is the only blemish on any record besides traffic violations. Credit is good, no drug use, etc. How will this affect me in getting my Secret clearance? The job I am trying to get only requires secret, not top secret level. Do I stand a chance? And how should I address this on the security forms? Thanks in advance for any advice you can give.

Capsfan (Leesburg, VA) on September 21, 2010 at 9:48am


	Taz (PA): Sorry, no stats available on processing time for suitability determinations at DHS. Not even sure what type of clearance you are being considered for, since low-risk positions are not designated as Public Trust. Only moderate-risk and high-risk positions are Public Trust positions.

William Henderson on September 19, 2010 at 3:15pm


	Mr Henderson: I am currently awaiting the results of my Homeland Security Clearance for a long term contractor job with GSA (5 yrs +). It is a Low Risk SF85P (Public Trust Position) form. I completed my fingerprints back on June 10, received my e-Qip questionnaire form and completed it on July 1, and submitted it online on July 2 along with turning in the signature pages. I gathered all of my information so I made sure I had all my ducks in a row, so I would made it as easy as possible for the investigator to process. I am a United States citizen born and raised here and so is all of my family. I am not married, no criminal record, no drug use, I have registered with the selective service back when I was 18 years old and included the number. I have accounted for all of my addresses, employment, school and reference information over the past 7 years. However, I now realized that question 22, it also states judgments. I checked "no", but I just realized that back in 4/2006, a collection agency entered a judgment on my credit report due to an unpaid credit card account for $1500. That is the only issue and concern that I have about it. Since then, my credit has been perfect. I filled out the SF85P, back on July 1 and it is now September 10 (9 weeks already), and I am anxiously awaiting the clearance so I can start work. None of the people that I listed as references or myself have been contacted for any kind of interview or anything. I have been unemployed for a year now due to this economic recession. This is a job that was created by the American Reinvestment and Recovery Act. Any idea how much longer this process is going to take and when I should expect to hear something? Please advise and thanks for your help in this matter.

Taz (PA) on September 10, 2010 at 5:52pm


	Worried (AZ): You only have a right to appeal to the MSPB, if the position you applied for was a "competitive service" appointment.

William Henderson on September 3, 2010 at 4:41pm


	Mr. Henderson, I recently tried to return to the Defense Language Institute after finding the contractor business not to my liking. I passed everything, and even had a job offer, but then was notified that the offer had been rescinded due to "unfavorable information" in my background file. The job requires no clearance, so I assume that I was rejected for reasons of unsuitability. My question: Did I have any right to appeal? I never received anything in writing, other than the email notifying me that the offer was rescinded. Thank you.

Worried (AZ) on September 2, 2010 at 1:27pm


	I was hired at a call center and I am filling out my SF 85P Form. I am concerned a bit here. From one of my jobs I was Terminated & I got a ticket for Petty Theft, I believe it was a misdemeanor for 50-100 not quite sure this was about 3 yrs ago. Will this cause my security clearance to get denied? Everything was payed for immediately.

Distraught (Texas) on September 1, 2010 at 7:16pm


	Mr.Henderson, I'm in the adjudication process right now for my mrpt security clearance, I'm a little worried that I may not get a final approval, I got a interim denial because I have debt & had some civil matter that they had to investigate but I was never convicted and the investigator said that since I was unemployed for over 8 months that they may forgive the debt if I pay it back when I deploy do u have any advice on if I may get a approval I called the status hotline and they said they passed my case over to the adjudicator august 20th thanks

Curious (Texas) on August 27, 2010 at 5:49pm


	I am currently awaiting the results of my Homeland Security Clearance for a long term contractor job with GSA (5 yrs +). It is a Low Risk SF85P (Public Trust Position) form. I completed my fingerprints back on June 17, received my e-Qip questionnaire form and completed it on July 1, and submitted it online on July 2 along with turning in the signature pages. I gathered all of my information so I made sure I had all my ducks in a row, so I would made it as easy as possible for the investigator to process. I am a United States citizen born and raised here and so is all of my family. I am not married, no criminal record, no drug use, I have registered with the selective service back when I was 18 years old and included the number. I have accounted for all of my addresses, employment, school and reference information over the past 7 years. However, I now realized that question 22, it also states judgments. I checked "no", but I just realized that back in 4/2006, a collection agency entered a judgment on my credit report due to an unpaid credit card account for $1500. That is the only issue and concern that I have about it. Since then, my credit has been perfect. I filled out the SF85P, back on July 1 and it is now August 14 (6 weeks already), and I am anxiously awaiting the clearance so I can start work. None of the people that I listed as references or myself have been contacted for any kind of interview or anything. I have been unemployed for a year now due to this economic recession. This is a job that was created by the American Reinvestment and Recovery Act. How long before this process is completed? Please advise and thank you for all of your advice?

Taz (PA) on August 14, 2010 at 9:00am


	I am involved in an internal (IA) investigation for the charge of "Harassment" at a local sheriff's office. If found "guilty" or they substantiate the charge, would this affect my TS clearance or "Secret" clearance. I am in the process of applying for a position with a Military contracting company. Would the Interim security clearance be revoked while I'm working for the company if the end result of the sheriff's office investigation reveal a "substantiated" investigation. Need to know.

Chris (Lee County, Florida) on August 13, 2010 at 4:40pm


	Due to popular demand and our rapid growth, we launched a new private security clearance question and answer service. Our new service grants the following: * Complete privacy � your questions answered out of public view * Priority service � your questions get answered first, before our blog and with no delays * Complete answers � your questions receive detailed answers with references and links where applicable * Guaranteed answers - your questions are guaranteed to be answered Find out more: http://www.clearancejobsblog.com/new-security-clearance-question-and-answer-service

Eric (ClearanceJobs.com) on August 2, 2010 at 1:36pm


	Mr. Henderson, I lied to my employer about receiving a college degree. I never finished but plan to do so by taking night classes while working. I was hired by the company and faked a transcript to make it seem like I graduated. I am now required to get a public trust security clearance. I will be telling the whole truth for that. But is that information relayed to my employer. Will the govt find out that i lied to my employer about the college degree...if so would they tell my employer? I have no other issues besides this. thank you

mike (md) on August 1, 2010 at 11:48pm


	Hello there I am up for my clearance renewal and I have a Class1 misdemeanor conviction. Will this affect my clearance process can I be denied? I was given a 90 day suspended sentence no probation

Lora (Virginia) on July 31, 2010 at 12:23am


	hi.. i just got interviewed for a position with pretrial and probation services. They said that everything checked out with my credit, professional, and personal references. But then they called back and said that there might be an issue with pornography? I don't know where this line of questioning came from. I am trying to determine did they get it from a person they interviewed or did they possible find something online? I took pics, nothing that bad...for my hubby a while back...the disk was stolen then returned and the person that took it stated it was not duplicated.. it was in a lock box that was stolen containing some money ..etc. I am wondering how extensive their investigation is and should I now be worried there are pics of me? I have emailed pics to my hubby before. Do they check emails, online stuff too? Should I be worried this will disqualify me? I have been totally honest with them regarding the situation. Also, they said there would be another investigation once I am hired...what if something pops up then? What should I do? I am now scared to even take the position if it is offered out of fear of losing the job...what should I do? Also, do they give polygraph too?

unsure arkansas on July 22, 2010 at 4:28pm


	Worried Wendell (Arkansas): Sounds like you've got everything under control and should have no problem getting a final TS clearance. I don't know strict State Department is regarding interim TS clearances, so I can offer no opinion. I assume State Department gave you supplemental instructions for completing the SF86, because there is no requirement to list financial problems that occurred more than 7 years ago, even for a TS clearance.

William Henderson on July 19, 2010 at 7:35pm


	Mr. Henderson, I am currently being investigated for a TS security clearance (Interim too) for the Department of State (Passports). All of the interviews were very favorable, including my ex-wife's. My only concerns are about some unfavorable items on my credit report. There were 5 items, but one was a mistake and I have a letter from the agency for proof. The others are from 2 medical and 2 credit cards totalling less than $3,000; I have paid 3 of them off since the investigation began and the last one I have made arrangements to pay off. I also filed bakruptcucy (ch 13) 9 years ago and it isnt even refected on my credit report. But since its a TS and goes back < 10 yrs, I had to list it. Also, on my sf-86 I listed 2 tax liens (not on credit report) from the state I live in for unfiled tax returns, but I have submitted letters from my state stating that those have been released; the state had made a mistake. Other than these financials, there are no problems at all. how worried should i be?

Worried Wendell (Arkansas) on July 18, 2010 at 1:00pm


	aggravated (lousiana): There are no financial questions on an SF85. Getting a "security badge" is not the same as getting a security clearance. Security clearances are for access to Confidential, Secret, and Top Secret national security information. Security badges are for access to government facilities. Program requirements for access to a single government facility are established by the government agency involved. Program requirements for access to multiple government facilities are governed by HSPD-12 and its implementing directives.

William Henderson on July 13, 2010 at 2:57am


	N (Ma): Your "probation before judgment" (also known by other names) for a DUI doesn't automatically disqualify you but it will be taken into consideration along with everything else that appears on your SF86 and in your investigation. It will probably result in not being granted an interim clearance.

William Henderson on July 13, 2010 at 2:45am


	Hickory (East Coast): If you are unemployed, then you don�t have a clearance. Your previous clearance may be eligible for reinstatement if certain time limits have not been exceeded. In any case you will be required to submit an new SF86 or an SF86C and you will need list any cohabitant on the form. With regard to duress by a foreign power, the most common situation is what we used to refer to as �hostage relatives.� If you or your spouse/cohabitant have a close relative living in a high-risk country and that relative can be pressured by the government or other power in that country to try to influence you or your spouse/cohabitant to do something detrimental to the security interests of the United States, then a hostage situation exists. Pressure from a government can be threat of job loss, termination of retirement, social or medical benefits. Pressure from a non-governmental foreign power can be threat of violence. There is another factor: Foreign connections that �create a potential conflict of interest between the individual�s obligation to protect sensitive information and the individual�s desire to help a foreign person, group, government, or country by providing that information� are security concerns.

William Henderson on July 13, 2010 at 2:39am


	In the statement below, what exactly does this mean: "subject to physical, mental, or other forms of duress by a foreign power"? I am totally confused about this. How would this be determined? As far as I am concerned, anyone could be put in this situation. Thanks. If a determination is made that your cohabitant is subject to physical, mental, or other forms of duress by a foreign power, then you may lose your SCI eligibility unless a waiver is granted.

Hickory (East Coast) on July 7, 2010 at 10:31pm


	If I am currently on probation (DUI, not convicted) does that automatically disqualify me from securing a clearance or even interim clearance? I have completed all state required programs and have had no other legal troubles in the past.

N (Ma) on July 7, 2010 at 5:12pm


	My husband is currently in Afghanistan working. He started over in Iraq with one company and he received a security badge twice since he has been there. He is now with a new company and we both are about to lose our minds with this sf-85 form. We have had some bad credit in the past but we are trying to get better with that. Will bad credit keep him from keeping his job? and if he has already went through the process not even a year ago will the check be that in-depth this time?

aggravated (lousiana) on July 6, 2010 at 11:26pm


	Thanks for the info in regards to having relations with a foreign national (China) William. I am currently unemployed, and have received several offers from various companies. Am I better off reporting it via submitting my revised SF86, or first filing the SF86, then the foreign contact and cohabitation form after I am hired?

Hickory (East Coast) on July 6, 2010 at 12:52pm


	Hickory (East Coast): The first thing you need to do is report your relationship to your security officer. Failure to promptly report such relationships compounds the problem. For SCI eligibility, close relationships with foreign nationals is covered under paragraphs E3, F3, and D6 of ODNI ICD 704 (see http://www.dni.gov/electronic_reading_room/ICD_704.pdf). If a determination is made that your cohabitant is subject to physical, mental, or other forms of duress by a foreign power, then you may lose your SCI eligibility unless a waiver is granted. You may be able to delay making a decision about severing your relationship until such a determination is made and you are denied a waiver. A final adverse determination should not be made until after you receive and reply to an SOR. For more information see my article on Foreign Influence posted at http://www.clearancejobs.com/cleared-news/54/foreign-influence-and-security-clearances

William Henderson on July 2, 2010 at 2:06pm


	Confused (Missouri): Most, if not all, agencies attach instructions on how to reply to an SOR to the SOR. Instructions for replying to DOHA SORs are explained at Enclosure 3 to DODD 5220.6. See http://www.dod.mil/dodgc/doha/DoD_Directive_5220_6.pdf Other agencies have similar instructions but you should not rely on DOHA instructions if your SOR was issued by another agency. DOHA requires that an SOR reply be made under oath or affirmation, which means a affidavit. Any notary can help you create an affidavit. Your reply should specifically admit or deny each issue listed on the SOR and provide explanation, extenuation, and/or mitigation, as well as positive "whole person" attributes. You will need to read the Adjudicative Guidelines in order to understand what mitigating factors are taken into consideration. Whether you choose to obtain the assistance of a lawyer depends on the complexity and seriousness of the allegations in the SOR.

William Henderson on July 2, 2010 at 1:22pm


	RCA (San Diego, CA.): Almost all unfavorable information is evaluated for seriousness, recency, intent, rehabilitation, etc. Recommend you read the articles on Criminal Conduct and Alcohol Consumption (if it applies). Both articles are posted at http://www.clearancejobs.com/in_the_news.php.

William Henderson on July 2, 2010 at 1:02pm


	If I have had my license suspended twice would that disqualify me from getting a secret clearance?

RCA (San Diego, CA.) on July 1, 2010 at 5:28pm


	Over two years ago I was hired for a position that required Secret Clearance. Within the last week I was informed that I would not be granted clearance. I received a statement of reasons and there are some inaccuracy I would like to address. Question: What is the proper way to respond. Do I just create another document and reference the issues or should I seek counsel? Thanks,

Confused (Missouri) on June 30, 2010 at 9:48pm


	I am concerned about my clearance (TS/SCI FSP). I recently started dating a woman and found out she is a chinese citizen. We have been cohabitating as well. Is there anything I can do to keep my clearance, other than leave my girlfriend?

Hickory (East Coast) on June 30, 2010 at 4:56pm


	IrishEyes2 (Not Ireland): For federal employment all Moderate-Risk PT positions require either a "Minimum Background Investigation--MBI" or a "Limited Background Investigation--LBI." A "Personal Subject Interview--PRSI" is a standard component of both the MBI and the LBI. The MBI uses letter inquiries to references and employers; whereas the LBI involves interviews of references and employers by field investigators. Since you have already submitted your SF85P and your investigation has begun, you can wait until your PRSI and volunteer information about all the unpleasant events surrounding your termination of employment to the investigator. I can't say whether you have anything to worry about, because you don't know what your former employer will say about you. Hopefully there is someone or something that can corroborate your version of events, in case your former employer twists the truth to make your conduct appear worse than it was. And hopefully your future job is a "competitive service" appointment.

William Henderson on June 29, 2010 at 7:58pm


	Steve R. (Texas): Having relatives in North Korea is a security issue. A non-critical sensitive position almost always equates to a Secret security clearance (except for some IT2 positions). The related investigation for a federal job applicant is an ANACI. The average amount of time it takes for a Secret clearance is irrelevant in your case, because your case is not average. See my article on "Security Clearances: How long do they take?" Having relatives in North Korea presents a "Foreign Influence" issue. See my article on "Foreign Influence and Security Clearances." Both articles are posted at http://www.clearancejobs.com/in_the_news.php. There is also an article on Dual Citizenship which partially address the Foreign Preference issue. I am almost certain that you will be interviewed. The interview is call a Special Interview or SPIN. Other sources may also be interviewed. Sometimes the decision to interview other sources is made before the SPIN and sometimes it is made after the SPIN.

William Henderson on June 29, 2010 at 7:37pm


	Mr. Henderson-- Need some advice/thoughts. I am undergoing a background investigation for a "moderate risk" job with a federal agency. I completed the SF85P (I know most people here are dealing with the SF86...) and received a firm/final offer based on successful completion of my "pre-employment security review." I know they have contacted several of my professional references and that this has checked out. I'm confident that I'm clean as a whistle with respect to my credit, criminal background, employment, schools, people who know me, etc. But I hit a bump recently when I gave my notice to my current employer. I had only been with them for less than 2 months when I quit (which really upset them b/c they felt betrayed), and I'm joining an agency that they consider to be "the enemy." They went nuts and became hostile toward me, ultimately waiving my 2-weeks' notice period and kicking me out of the office ASAP. Before they went crazy, I was pretty honest w/ them (per their request) about personality issues, previous hostility that I had endured, etc. I believe the last straw for them was a couple of non-threatening e-mails I had sent to senior colleagues about my negative opinions (no swearing or threats, but some minor/non-vulgar, and admittedly childish, name-calling). I've left all other previous employers on exemplary terms, however. Needless to say, they will be decidedly negative when the background investigation folks contact them. At this point, I don't really have a friendly person there who I can list as my "supervisor." Do I have anything to worry about? Should I let my agency know what happened, in the interest of full disclosure? Thanks in advance.

IrishEyes2 (Not Ireland) on June 24, 2010 at 8:31pm


	Mr. Henderson, I just got a job offer from DOD (Defense Logistic Agency). They are doing a background check on me now. My record is very clean, one a few concerns. Security Non-Critical Sensitive - Level 2 I am Naturalized Citizen. Was born and raised in North Korea. My wife is also North Korean. (she has a green card now and eligible to apply for citizenship). Just curious with all that's going on between Korea and US, how could that affect my Clearance? I still have my mother and brothers living in Korea that I talk to them on regular basis. Is that a big deal? Also, would I be interviewed or the reference that I gave be interviewed? I called my HR person and he said that NOT necessarily and he said I might even hear back from them at all UNLESS it's necessary. I been reading a lot of stuff online and I get all the mixed signals. Please help. 1 - How long it takes these days to get Non-Critical Security Clearance, level 2 2 - My ties with Non-US citizens 3 - Would I get interviewed or my references? Thanks much.

Steve R. (Texas) on June 24, 2010 at 3:20pm


	Worried in SF Bay: Being fired for cause does not disqualify you under employment suitability criteria or security clearance criteria per se. It�s the exact conduct that resulted in the termination that matters. �Not living up to standards in accuracy in reports� can be a euphemism for different types of substandard, inaccurate, and false reporting, so the exact nature of the reporting deficiencies is important, particularly for employment suitability as a background investigator

William Henderson on June 23, 2010 at 10:47am


	Hi there: I'm in line for a background investigator job with OPM. Initially, I was told by a rather uninformed union that I had been laid off from my job. But it turns out I was fired for cause, although several others were fired that day as well (the source of the union's confusion.) After learning that, I immediately told the investigator. About a month has passed, and the background investigator has now requested details from my previous employer. After being let go from my job, I filed a grievance through my union protesting the termination. The company has since offered me a settlement. If I drop my grievance, they will tell OPM, and anybody else that asks, that I resigned. I plan to accept the settlement. My questions are: 1. In general, if you are fired for cause, does that disqualify you? 2. The reason for my termination, it turns out, was not living up to standards for accuracy in reports. Again, will this impact my background check? 2. My previous employer will now be telling OPM something different than what I told them. Will that impact my potential clearance? One addendum to my posting: I initially put in my EQIP that I had been laid off, then told the investigator the same thing during my initial interview. I learned later on that I was fired, and that's when i informed the investigator.

Worried In SF Bay (SF Bay Area) on June 21, 2010 at 4:56pm


	2 moths: Depends on which sub-agency of DHS. End-to-end processing time ranges from 55 days DHS HQ to 294 at CBP. ICE is 174. The part of DHS done by OPM is 125 days. These are all averages. Some take less time and some take considerably more.

William Henderson on June 20, 2010 at 4:25pm


	Dear Mr. Henderson, I finally got my TS Clearance. I wanted to thank you for your valuable input and advise. It was very helpful. I will recommend your book and blog to my friends. Thanks.

Bruno (DC) on June 20, 2010 at 8:29am


	I was offered a federal contract position at Homeland Security.. The invesigators have visited me and others and they finished up around the 1st of June. I had filed for bankruptcy back in 2001 and discharged 2 outstanding debits on credit report but paid in full a month ago. I did do some job hoping which makes me nervous. NO criminal history at all but my husband had a gun charge as a minor. Am I ok? How much longer? they said 6-8 weeks and I will past that...

2 moths in (DC) on June 17, 2010 at 11:24am


	Stillwaiting: My best guess is that the matter was resolved in your favor, but I recommend you contact your security officer and ask. It should not take more than a few months to get a decision following a written rebuttal to proposed action to remove you from your position due to unsuitability. If you are told the decision is still pending, get your congressman involved.

William Henderson on June 10, 2010 at 5:07pm


	I was hired by a federal agency, went to training and on the job 10 months when I got a letter in the mail saying the agency was going to find me unsuitable for the position. The problem stems from some of my husband's relatives, and I disclosed everything on my forms and in my background interview. I was given and took the opportunity to refute the reasons. That is the last I've heard on the matter....it's been almost two years. I don't know if no actions means everything is o.k. or if i should even ask, but it's worrisome being in limbo for so long. Any insight??? Thanks.

stillwaiting (DC) on June 8, 2010 at 10:51pm


	Scared (san Diego): Sorry, I don�t have any direct knowledge or experience with suitability determinations for CAC (also known as HSPD-12 PIV Cards). You can read the credentialing standards for yourself and try to figure out what they mean. The standards are posted at http://lastpostpublishing.com/Documents/Final_Credentialing_Standards_for_Issuing_PIV_Cards.pdf

William Henderson on June 8, 2010 at 4:13pm


	Sally Ridgemore: List your actual supervisors and their last known telephone numbers. You can list additional or alternative employment references in the appropriate comment section of eQIP or in the continuation space at the end of the paper version of the SF86. You can provide information on the SF86 but you can not control or limit who an investigator might interview. You also can�t control what others might say about you, but if the information is relevant and sufficiently derogatory, you will have a chance to rebut it and provide names of others who can corroborate what you say.

William Henderson on June 8, 2010 at 4:08pm


	Bruno (DC): Investigators can not accurately predict when an investigation will be completed. No one I know of can tell you the date your interim TS will be granted. Any investigation on your spouse is actually part of your investigation and is very limited. So who is telling you all this?

William Henderson on June 8, 2010 at 4:00pm


	Victor (Chicago): The exact countries where your parents and your spouse�s parents live, the degree of contact you have with them, the extent to which you and your spouse have accepted US culture/values, your foreign financial ties, and other factors are all important. I recommend you read my article on Foreign Influence. You should also look at my article on Dual Citizenship. Both articles are posted at this website

William Henderson on June 8, 2010 at 3:53pm


	Mike (VA): Almost all suitability issues are also security issues. You were non-selected for the position because there was some unfavorable information either listed in your SF86 or developed during your investigation. The letter from the IC agency is worded the way it is, because the employment suitability determination is usually made before the security clearance determination, and if the suitability determination is unfavorable there is no need to make a security clearance determination. If you don�t think there was any unfavorable information in your case, request a copy of the investigation by making a Privacy Act request to the IC agency.

William Henderson on June 8, 2010 at 3:52pm


	Mr. Henderson, Thank you for your response. The letter I received from the IC agency stated that "Since this decision is based on your suitability for Agency employment rather than security considerations, on future security applications and forms you may affirm, insofar as this decision is concerned, that you have never had a security clearance denied." I was given no explanation for the cause of the suitability issue and there was no avenue to appeal it, and from the above article this would suggest that "the position was an excepted service or temporary position not covered under 5 CFR 731." (The job was a summer internship). This would mean that the suitability issue, whatever it was, was not a security issue, right? Thank you again. Regards, Mike

Mike (VA) on June 5, 2010 at 1:41pm


	Hi Mr. Henderson, Please please help me with my question if possible. I'm a naturalized US citizen. My spouse is a US permanent resident. We came from different countries, so my parents live in a foreign country, and her's in another foreign country. My parents are retired federal employees of their country (non-military, non-security related). We and our family are normal people with no ties to any political groups or similar organizations. Finance, tax, law, etcetera, everything else should be all good. 1. What are my chances of getting a clearance? 2. If my application is rejected halfway into the job, do I lose my job just like that? Thanks very much for your time.

Victor (Chicago) on June 2, 2010 at 2:16pm


	I'm completing the SF86. I am highly valued at my present employer, and my manager and a peer whom I will list as references will speak very well of me. However, two firms I worked for during last few years I chose to leave, and suspect my then-supervisors or managers up their chain of command would not speak well of me. Since then each supervisor has left the respective company. The form requires supervisor and his phone number for each job. How should I handle this? There's not a "do not contact" option. Should I just list those individuals' names along with the company main phone number, or can I expect those individuals to be tracked down at home and or their new companies? Should I just list name of HR representative instead of supervisor? For one company, a colleague in a managerial role is happy to be a professional reference; for the other company, there's no one I'm friendly with but the HR director would probably not speak poorly of me. Thank you.

Sally Ridgemore (Los Angeles) on May 31, 2010 at 10:55am


	Mr. Henderson, I work for a company that serves as a contractor for the military, and we go on base periodically to do our field work. Each September we are required to fill out an SP85P in order to receive a CAC badge which covers us for work for the following year. In January I was accused of petty theft. I hired the cheapest lawyer I could find because I thought it would be fairly easy to get it reduced to a ticket given the circumstances (which I won't go into). Unfortunately things got screwy and now I have a misdemeanor for petty theft on my record. This is the only criminal incident to my name, ever. Given the nature of the crime, should I expect that I will be denied my CAC badge? I just don't know if I should quit my job in advance so I don't get terminated, or go through with trying to get clearance. Any advice you could give me would be greatly appreciated.

scared (san diego) on May 29, 2010 at 12:13pm


	Mr. Henderson, I am expecting to receive my TS Interim Clearance in a few days time after almost 4 months of investigation. They said that my investigation was complete and they are investigating my foreign spouse's background. They have already interviewed her and done preliminary background checks on her. I am a little confused as to why after 4 months are they only granting me an interim TS although they have completed my investigation including PSI as I am the candidate? Although I will be able to start working with an interim, should I follow up with them and find out as to when they will complete the full TS? I am not sure as to how long will the full TS clearance take. Any guidance or thoughts on this would be really appreciated. Thanks.

Bruno (DC) on May 28, 2010 at 10:43pm


	Svt (md): 8 traffic violations in 18 months is a lot, but if none of the fines were greater than $300, they don�t have to be listed on the SF86. Nevertheless you could be questioned about them during a Personal Subject Interview (PRSI). So many traffic violations suggest a lack of willingness to comply with the law, which is a potentially disqualifying condition under Guideline E (Personal Conduct). Most potentially disqualifying conditions can be mitigated. I�ve never seen a case where a clearance was denied solely because of minor traffic violations, but it doesn�t mean that it can�t happen. Regarding marital infidelity, see my article on Sexual Behavior and Security Clearances at http://www.clearancejobs.com/cleared-news/117/sexual-behavior-and-security-clearances for disqualifying and mitigating conditions. Using your neighbors wireless network (I assume without his permission) is a type of misconduct I have never come across before, so I have no idea how it will be viewed.

William Henderson on May 25, 2010 at 7:14pm


	Liz: I believe I answered your question through another venue.

William Henderson on May 25, 2010 at 7:02pm


	SpaceGeek (Maryland): An OTH discharge from 8 years ago can be mitigated. For a Homeland Security Presidential Directive -12 (HSPD-12) Personal Identity Verification (PIV) card, federal agencies are suppose to follow the criteria established at OPM�s �Final Credentialing Standards for Issuing PIV Cards under HSPD-12.� These criteria are very similar to the suitability standards established at 5CFR731.202, and absent any other problems or aggravating circumstances, misconduct of this type that occurred several years ago usually does not result in an adverse suitability or credentialing determination.

William Henderson on May 25, 2010 at 6:59pm


	I received an OTH (Other Than Honorable Discharge) from the Marine Reserves in 2002 for failure to participate in reserve drills. I basically didn't keep in touch with my Reserve Unit over a two year period and was eventually discharged out. I am going to be going through either an SF-85 or SF-85p at work and want to know if the 8-year old OTH Discharge is a deal breaker and if it is possible to mitigate this type of negative information??? The check is to get badged for access to NASA computer systems as a contractor. I have since lived a trouble-free life, have good credit, earned a college degree, etc.... Please help with any info.....

SpaceGeek (Maryland) on May 25, 2010 at 12:39am


	My husband just got a job with a defense contractor and is going for a secret level security clearance. In September of 2008 during a domestic incident (we were fighting about MY own disfunction due to MY bipolar disorder) at our home he said that he wanted to kill himself; I panicked and called 911. He VOLUNTARILY committed himself to a hospital psych ward over night and checked himself out the next evening. He saw a psychiatrist ONCE who diagnosed him with anxiety and tried to put him on Xanax. He was afraid of getting hooked so he didn't fill the prescription and never saw the Dr. again. He's had NO problems since then. He doesn't have ANY criminal records and has no other negative factors. No one other than a few close relatives knows about this. Would this be a big deal if it was revealed during the clearance process? I know that you have to be mentally incompetent to be outright denied but I'm afraid that they will trust him less due to the marital issues and his reaction to it.

Liz on May 24, 2010 at 2:34pm


	Bruno(DC): There are no travel restrictions for people who hold collateral security clearances (except N. Korea and Cuba). Some agencies require you to report planned travel and receive a defensive travel briefing in advance. Check with the security officer at your prospective agency for this and any travel advisories regarding the countries you plan to visit. If you have not had Personal Subject Interview (PRSI) yet, you want to insure that the appropriate people know where you are and when you will return, so the investigator doesn�t waste time trying to contact you.

William Henderson on May 23, 2010 at 5:00pm


	Mr. Henderson: Just wondering if the following are concerns for being granted a TS security clearance for the Federal Government. I have a couple friends who have these clearances and I've told them what I've done but they said as long as I tell them and not lie about anything, I'll be fine. I have 8 traffic violations in the last year and a half. The biggest ones being speeding 98 in a 50 mph zone, and for re-tinting windows after getting an inspection citation and having to get the tint taken off. The latter violation was dropped in court though. Also, I cheated on my wife. Lastly, I used a neighbor's wireless network (just for general browsing) for about 4 years. Should these be concerns for me? I don't have anything else that I can think of. Never done drugs, I don't drink, I have no criminal record, I don't have bad credit, no foreign influence or contact or anything. Thanks!

svt (md) on May 22, 2010 at 5:58pm


	Mr. Henderson, I am still employed by my current private technology company and am waiting for my full TS Clearance to start my new Federal Job. Once I receive my TS Clearance (Interim or Full Clearance), am I allowed to travel overseas before I start my new Federal Job or do I have to inform the Security Clearance office for any travel overseas although the travel is related to my current non-federal IT job? Thanks.

Bruno(DC) (Washington) on May 21, 2010 at 7:19am


	Raymond (Florida): If your son was applying for only for a security clearance (at any level), I�d say his chance of getting the clearance was good. I can not speak with any authority regarding employment suitability determinations, especially when the position involves law enforcement. Before he attempts to rebut an adverse employment suitability determination, he needs to know the specific suitability criteria (beyond that listed at 5CFR731.202) for the IRS Special Agent position. It�s hard to mitigate suitability criteria, if you don�t know what the criteria are. I should also mention that security clearance adjudicators consider a person�s conduct, not the judicial or administrative outcome of that conduct (i.e. arrest, conviction, acquittal, deferred judgment, probation, fine, etc.). I can only assume that employment suitability adjudicators do the same.

William Henderson on May 19, 2010 at 11:35pm


	Need Help (Michigan): If you were applying for a position with DOD, I�d say your chance was very good. Your 2004 bankruptcy was taken into consideration when your investigation for a Secret clearance was favorably adjudicated in 2006, so DOD would consider it to be a non-issue. Being 60 days late on your mortgage payment and subsequently making up those late payments is a minor issue that doesn�t even have to be reported on an SF86. If the ICE position you are applying for does not have any added job-specific employment suitability criteria, I�d say your chance of getting the job is good. ICE will see your 2004 bankruptcy on your SF86, but after 6 years without any significant credit problems, they may not even bother to review your bankruptcy records.

William Henderson on May 19, 2010 at 11:23pm


	Unsure Intern: Unfortunately, I think your chance of getting a TS (or any) security clearance is poor. If a polgraph is required, you probably need a TS/SCI. For more information I recommend you read my article on "Drug Involvement and Security Clearances" at http://www.clearancejobs.com/cleared-news/79/drug-involvement-and-security-clearances

William Henderson on May 19, 2010 at 11:04pm


	Bill, I am a newly hired/ employed intern,with the condition that I obtain my TS,for which I have already applied and an Interim was denied. I am currently 21 and was completely honest on the SF86. I had a single problem financially when I cosigned a credit card for a friend which he lied to me about paying off (occurred in 2008), but I paid and dealt with after 120 days of delinquency. Also I have a misdemeanor for doing donuts on a field from early '07, named unlawful conduct on public property. I am a sophomore in college. These are just side notes as my main worry, I know this is the most common, is for drug use, mainly marijuana, but not entirely. The occurrences were listed equivalent to frequent for 3 months at the start of '06 (senior yr of high school). Infrequent since, declining in that frequency over time, then only once since this year began. Percocet was tried once at end of 08, and worst was ecstasy, also end of 08, but also again just a few months ago just before I applied. My question is, do I have a chance of obtaining one or is it really unlikely? I only used socially/ privately in thoughts that there wouldn't be any adverse effects in the future until this came along, but I don't feel any need to ever use anything again and this internship could set me up for the future so I really need it. Also, a polygraph is expected, but as I said I was truthful on the form. My employer expects me to obtain one and I feel like it would be a great disrespect and shame to lose this opportunity for this reason. Any information is truly appreciated.

Unsure Intern (Colorado) on May 17, 2010 at 9:48pm


	Hello Bill. I have a question, please advise and thank you in advance. I just accepted a tentative selection offer on Friday (May 14, 2010) with the DHS I.C.E. for a Management and Program analyst position GS-13. I was told that I may be required to undergo a background investigation before I start and I would receive an EOD giving me my effective date. First just a little background, I am retired military and in 1988 had a TS for 10 years. In 2006, right before I retired, I applied for and was approved for a Secret clearance. March 2004 I was discharged from a chapter 7. The bankruptcy was because I owned a retail dollar store and was about to get out of the military, until 9/11 then stop loss prevented me from getting out and I received orders overseas. Long story short I lost my business and house and filed for and was approved for a chapter 7. Since then I had reestablished my credit, purchased three homes (only have one now) and was not late on any payments until Feb and March of 2010 (late on two house payments-they are not delinquent). April and May�s payment were on time. I lost my job June 2009 (corporate cutbacks � spun into a termination) and have been seeking work, going to school and volunteering since then. My excuse for not paying the two bills on time was that I was short on money and had to have money wired from another account which took longer than expected. However, again I do not foresee this to happen again. My criminal and drug background is spotless (no exaggeration). Based off of the limited info that I provided do you think that I have a chance to successful pass a background check? Thank you for your help.

Need Help (Michigan) on May 16, 2010 at 12:24pm


	Mr Henderson, My son, 26 years old applied for a Special Agent position with the IRS -- He completed the Federal application for employment on March 31, 2009 and admitted to two arrests -- The first involved a simple assault (Sept 2004) when he was in college where he struck another individual with one punch (this person had been sexually harassing two girls at a college party) -- The second incident involved a DUI (Jan 2008) --- He plead no contest to both and both were continued without a finding (CWOF) -- As a result he does not have a conviction or a criminal record -- He completed all the requirements imposed by the courts to include informal probation and any fines/penalties -- He was tentatively selected for the S/A position on October 1, 2009 -- All of the remaining pre-employment checks were positive -- On April 28, 2010 he received a letter from IRS - HR stating that he was no longer being considered due to unfavorable results of a preliminary background investigation (the HR Suitability Specialist listed the position description of S/A in second paragraph of the letter) -- He intends to send a letter to the IRS, Chief, Employment Branch next week -- He further intends to appeal to the Merit Systems Protection Board. I was interested in your thoughts on the matter -- I am a retired S/A with over 24 years of employment with IRS -- Your reply to this matter is appreciated -- Thank you

Raymond (Florida) on May 15, 2010 at 6:34pm


	Bruno (DC): The Personal Subject Interview (PRSI) can occur at any stage of the investigation, but most agencies like to do it as early as possible. If your investigation surfaces previously undisclosed potentially disqualifying information, it is likely that a SPIN will be required to attempt to resolve the issue(s). If your former spouse provides uncorroborated derogatory information and you deny the allegations, there is little chance that your former spouse�s allegations could result in the denial of your clearance.

William Henderson on May 12, 2010 at 1:22pm


	Nervousguard (DC): A few agencies have call centers that applicants can contact for investigation/clearance status. Usually all they can tell you is that the investigation is pending or that it has closed and is now in adjudication. Most agencies don�t even accept inquires from applicants. If you were denied an interim, there was probably a problem. You�re the only one who knows all the possible issues present in your background and how serious they may be. There can be 2 nearly identical cases involving the same amount of derogatory information and one case will be completed in 4 months and the other case will take 8 months. It all depends on the workload at the offices handling each case, the accuracy and detail of information in the application form, and the cooperativeness/availability of references and other information sources.

William Henderson on May 11, 2010 at 10:10pm


	MR Henderson, I had posted a few times in the last few months asking about my interim MRPT denial. Well the question I had was this. A few of my colleagues in the same position have been in constant contact with their investigators, I have not save for a one hour meeting a few months ago. I spoke to my employer and they have not withdrawn sponsorship for the investigation. The final determinations are starting to roll in and I have not heard anything back. Should I be nervous and is there any possible way to check on the status of an ongoing investigation other than contacting your security officer because I have not heard any reply to my numerous inquiries. Thank you in advance.

nervousguard (DC) on May 9, 2010 at 11:21am


	Dear Mr. Henderson, I just completed my PSI for my TS clearance. It was over 2 hours of an interview. The investigator went over the SF 86 and also had a few questions regarding information some of the investigations had revealed. Nothing alarming though. However, he wanted to know more about my divorce which happened 5 years ago. I was not sure as to what information was I supposed to reveal as a lot is more personal. My concern is that my previous marriage did not end on friendly terms and I am worried that my ex-wife out of spite may have said a lot of negative things which would not be true. A) Could the PSI in my case for the TS be the last step in the investigation process given that it is over 3 months since they opened the case? Or could they come back to me again for another interview (like a SPIN)? They have told me that they are targeting to complete my investigations around Mid-May. B) Could my ex-spouse ruin my chances of getting my TS clearance just out of vengeance? The Investigator would not reveal anything what she told them.So there is was no way I could refute or clarify anything without knowing what she has told them. Thank you for any advise or thoughts you can provide on this. Bruno

Bruno (DC ) on May 8, 2010 at 11:51am


	Mike (VA): Almost all employment suitability issues are also security clearance issues. Whether or not the suitability issue may result in the denial of a security clearance depends on the nature of the issue. Any personnel security investigation conducted by a federal agency can be retrieved and reviewed by another federal agency for personnel security purposes, but it doesn�t always occur when an IC agency was involved.

William Henderson on May 7, 2010 at 5:22pm


	Alexa (Phoenix, AZ): Employment suitability criteria do not include a �whole person� concept per se. If it was a �competitive service� position IRS is required to advise you of your �due process rights� including an appeal to the MSPB, so it is likely that the position was in the �excepted service.� You should ask IRS for their employment suitability standards for the exact position you applied for. IRS may have exceptionally restrictive employment suitability standards for their criminal investigators regarding illegal drug involvement. Their standards should specify the degree and recency of drug involvement that is acceptable.

William Henderson on May 7, 2010 at 5:13pm


	Jaylen (South Carolina): Were you denied an interim clearance for a Public Trust position or for a position that required a national security clearance?

William Henderson on May 7, 2010 at 5:00pm


	David Toney (San Antonio, TX): Your clearance terminated when you left the last job where you held the clearance. Two years from that date a terminated clearance can not be reinstated, and a person must resubmit for a new clearance.

William Henderson on May 7, 2010 at 4:57pm


	Hi, I was recently interim denial but the company i am{was}working for placed me on administrative leave and is not offering any positions within. I have been with them almost 4 years,went to Kuwait on public trust, then they told me that they had to have me with either a interim clearance or else would be placed on admin.leave with no more benefits and not eligible for unemployment. I just wanted to know what to do from this point. I am trying to get back overseas.

jaylen (South Carolina) on May 6, 2010 at 12:17am


	I contracted with Northrop Grumman, May 2006/May 2007. Is there a way that I can know if I have an active security clearance? I am considering going overseas again.

David Toney (San Antonio, TX) on May 5, 2010 at 9:19pm


	I received a notification from the Internal Revenue Service CI Division that my background results came back unsatisfactory. When I was given the reason why, I was told because of my drug use. I have smoked marijuana 3 times during May 2006-May 2008, very sporadic and infrequent. Since then, I have earned my Bachelor's and soon to be completing my Masters. Have held jobs that require high level of responsibility and trustworthiness. I have no intentions of using the substance ever again, and although I admit I did it, it was at the age of 18 when I was in college. I am now 21 and have moved on from those experimental phases in my life. Certainly, I am not the person who I was in college in terms of my mentality and behavior. My question to you is, can I submit an appeal and have the dismissal revoked based on the whole-person concept? HR said there was no appeal process for them. What can I do?

Alexa (Phoenix, AZ) on May 5, 2010 at 6:46pm


	Mr. Henderson, I applied for a clearance with an agency in the IC just over a year ago and was declined on suitability grounds and the rejection letter was unable to go into any details as to the nature of this suitability disqualification. Now I am considering applying for a commission to be an officer in the US military and am aware that a security investigation would commence at some point in this process. Would the military's investigation refer to the security investigation used by the agency and would whatever suitability concerns that disqualified me for the former clearance process adversely affect me now? Thank you.

Mike (VA) on May 3, 2010 at 2:09pm


	Bruno(DC): The PRSI is a required part of the SSBI for a TS clearance. The exception to this requirement is within DOD when there is an operational exigency in a war zone. So your SSBI will not be complete until the PRSI is done. Normally spouses are not interviewed, however, if it is necessary to resolve an issue, a spouse can be interviewed.

William Henderson on April 27, 2010 at 5:31pm


	Stef (Delaware): Generally if a person is showing good progress in correcting his financial problems and there is little likelihood that the problems will recur, their clearance is usually not revoked. You should consult your organizations security manager about your situation now. As a person with a security clearance you have an obligation to self-report any potentially disqualifying information to your security manager. Tell the security manager about you situation and let him/her decide whether it is serious enough to warrant a report through JPAS. There is a series of 4 articles on this website concerning financial matters and security clearances. The first one is posted at http://www.clearancejobs.com/cleared-news/39/the-impact-of-delinquent-debt-on-security-clearances. In the upper right corner of the article there are links to the other 3 articles. I recommend you read them.

William Henderson on April 27, 2010 at 5:23pm


	Dear Mr. Henderson, The DSS office informed me that they are targeting the completion date of my TS clearance within the next 3 weeks. From what I am aware of, they have already contacted 90% of the references I have provided for my employers, residences, school and personal references. I have not yet heard from them about my PSI. Do they always conduct a Personal Subject Interview or can they still give me a TS Clearance without a PSI? I wrote to them enquiring about the PSI. However, they said they will let me know, Also, do they interview a foreign born spouse as part of the TS? She has not been contacted yet. Thanks.

Bruno (DC) on April 24, 2010 at 1:01pm


	Good Morning, I have been delinquent on some debt but am in the process of getting everything paid off and will have only some small credit card debt within a year. I have also had issues with my bank accounts that have been or will be resolved within the next few days. My total amount of credit card debt is around $10,000 and half of that will be paid off withing the next 5 months and I have had serious delinquency that again will be taken care of. My current clearance needs to be redone this year. If I can show that i have been paying on all debt and that I have fixed my financial status, will it still be denied? I am a Federal Tech with the ARNG and need to have a security clearance for my job. I am up to date on my car and student loans.

Stef (Delaware) on April 13, 2010 at 6:58am


	Mr. Henderson, As per our conversation a few months ago I am still waiting on adjudication for my MRPT. I have spoken to other people in the same situation who have been in constant contact with their investigators. However, I only had a one hour interview with my own about two months ago. I have still yet to hear anything back. Any suggestions on what this may mean?

nervousguard (dc) on April 12, 2010 at 11:27am


	Mr. Henderson I am applying for a secret security clearance. I experimented with marijuana twice (5 years ago), I have been late a few time on credit card payments, I was terminated from a job (after being asked to resign first, but I do recieve unemployment), and I have 2 minor speeding tickets. Will this keep me from getting a secret clearance?

JDT (MD) on April 11, 2010 at 3:25pm


	Manuel(CT): Once an interim security clearance is declined, it is very rarely granted based on the submission of additional mitigating information. In almost all cases the adjudicator will want to see the completed investigation before making any security clearance determination. Assuming that your employment relationship with the defense contractor has not changed and that your clearance investigation is still ongoing, you will be interviewed as part of the investigation and you will have an opportunity to present this new information to an investigator. If you are no longer have an employment relationship with the defense contractor, then your investigation was probably canceled. In which case you can apply for a new clearance as soon as you get an employer who will sponsor you for a clearance. For SF86 purposes the declination of an interim security clearance is not a clearance denial. I�m not sure if a short sale (vice a foreclosure) will result in the granting of an interim clearance. And for a final clearance the underlying reason for the short sale or foreclosure is probably more significant than the differences between the two. It will probably be another year or so before enough cases involving short sales and foreclosures make it through the system to see the rationale adjudicators use to grant or deny clearances in these cases.

William Henderson on April 9, 2010 at 7:03pm


	Merk0046(DC): Applicants, who are granted an interim security clearance, are very rarely denied a final clearance except when the investigation reveals significant unfavorable information that was not disclosed in the SF86. See my article on �Drug Involvement and Security Clearances� for more information on this issue. It is posted at http://www.clearancejobs.com/defense-news/79/drug-involvement-and-security-clearances

William Henderson on April 9, 2010 at 6:41pm


	Hi, I was wondering if you could please shed some light for me. I recently accepted a job in the Treasury, and was apparently granted interim clearance. However I did try marijuana twice, once when I was 21, and once again a year ago. I didn't sell, buy, or distribute the material, but I'm still nervous about getting my final clearance. I completely disclosed the incidents. There really isn't anything else in my past, but I am young (25) and still worry that the past illegal drug use could be cause for my dismissal. How likely is it that I would be rejected at this point?

merk0046 (DC) on April 8, 2010 at 5:08pm


	Lost (MD): The NACLC, which is the investigation for a Secret clearance for contractors and military personnel, does not routinely include a Subject Interview or reference interviews. When unfavorable information is disclosed on the SF86 or is developed during the investigation, a Special Interview (SPIN) of the applicant is ususally conducted to specifically address only the unfavorable information. In some cases where the unfavorable information is serious the investigation can be expanded to include some reference interviews and specific record checks. In cases involving only minor to moderate unfavorable information, a SPIN may be the only case expansion required. My best guess is that you will receive your final Secret clearance in a 2 to 4 weeks.

William Henderson on April 7, 2010 at 2:49pm


	Mr. William Henderson, Back in March 2010, I was denied interim security clearance for Top Secret-SBBI as a Federal contractor at a Defense company. The reason for the denial was due to my inability to resolve my delinquency debt since my house is in the foreclosure process since Nov. 2009. This is my only debt which was out of my control since I have been unemployed since Dec. 2008. Since I am currently planning to sell my house in a short sale, would the sale of my house be a satisfying proof for reconsideration and approval of interim security clearance? Also, how long do I have to wait in order to re-open or submit an investigation request for the interim clearance? I appreciate your comments. Thanks in advance.

Manuel (CT) on April 6, 2010 at 9:26pm


	Mr. Henderson I was granted an interim secret clearance in Feb. 10 and investigation was closed 3/19/10, I had what I think was a SPIN interview because she only asked me specific questions about answers that i provided questions to about some recreational drug use three years ago and a citation that I had got. That was on 2/21/10. I asked the folks who I put down as references and they said that they weren't contacted. What could this mean?

Lost (MD) on April 6, 2010 at 11:35am


	Bruno (DC): I often advise people with complex security/suitability issues to prepare something in writing that fully explains all mitigating factors and to give a copy of the document to the investigator during the Personal Subject Interview (PRSI). During the PRSI the investigator usually attempts to identify additional character references (that are not listed on the SF86), so it is a good time to provide names and contact information of people who know you well outside your normal work environment. Good luck.

William Henderson on March 30, 2010 at 7:21pm


	Mr. William Henderson, Thanks for pointing me to the article on "Foreign Influence and Security Clearances� and �Dual Citizenship and Security Clearances." I have reviewed them thoroughly. As it was difficult to attempt to mitigate the above in the SF 86 form, I wanted to check with you if it was possible and a good idea to do so when the investigator interviews me 1-1. The SF 86 only asked me to list my regular employment. In my case I work for a private technology company. I have volunteered since the last 10 years for a number of American organizations and I clearly meet all the mitigating factors listed in your article. I would like to hand over all this information to the investigator and also ask him if he would like to interview more references from these organizations where I have volunteered. This in my opinion should clearly mitigate the foreign influence factor. I would like your advise. Thank you very much,

Bruno (DC) on March 30, 2010 at 1:38pm


	Bruno (DC): Yes, having a non-US citizen spouse and close family member(s) living outside the U.S. are reasons to �decline� an interim clearance. Federal agencies are not required to disclose their rationale for declining an interim clearance. I recommend you review my articles on �Foreign Influence and Security Clearances� and �Dual Citizenship and Security Clearances.� The articles are posted at: http://www.clearancejobs.com/defense-news/54/foreign-influence-and-security-clearances http://www.clearancejobs.com/defense-news/91/dual-citizenship-and-security-clearances

William Henderson on March 29, 2010 at 3:18pm


	Big D: There is no overarching federal regulation that gives a contractor employee the right to appeal an adverse Public Trust determination. However, some federal agencies allow contractor employees to appeal. I don�t know DOS�s policy on this.

William Henderson on March 29, 2010 at 3:10pm


	Mr Henderson, I had applied for a TS clearance for my internship position with the Federal Government. They had started the investigation at the end of February. Today I received an email stating that I have been denied an interim clearance (it does not specify if it is a TS or Secret). To the best of my knowledge, I do not have any issues with my background. I am a naturalized US Citizen since the last 3 years and have a foreign born spouse from India. Does the foreign born spouse and the fact that some of my family members are abroad could be a possible reason for denial of interim clearance? I was hoping that they would at least interview me 1-1 prior to making a decision on my application. Would the diplomatic security office disclose the reason for a denial on interim? I have written to them asking the reason. Do you suggest that I should start the process of looking for a good lawyer at this point or wait till I get a decision on my final clearance? Thank you.

Bruno (DC) on March 23, 2010 at 5:33pm


	Sir, Please assist me with the following situation. I have a TS clearance up for renewal next year. I visited Russia four times to see my girlfriend (a Russian national) and sponsored her entry into USA. We did not get married and she returned to Russia. I have reported all of this to the agency sponsoring my SCI as well as my foreign travel to DoD. We are still in contact and my clearance was just increased to SCI. Is there any chance we can get married, or would this almost certainly result in the loss of my clearance?? Your insight would be greatly appreciated.

Mike Wilson (Washington DC) on March 22, 2010 at 7:23pm


	I have been waiting for about 4 months on the MRPT clearance. I called the DOS number to check the status of the clearance. I was informed that my contractor withdrew my application. I contacted my Security Officer and they said they did not withdraw the application, that he would call his contact to see what was going on. He called me back and told me that i was denied the clearance, that my employment was going to be terminated that i could appeal, however i would not get paid. He told me that i should expect something in my email so i can get started on the appeal process. I have been waiting for about a week on this email, but nothing. I have prior service army, was a police officer, and have trained with special tactical units. I was prescreened for employment with this company before they sent me to training. I had an investigator come to my house, were it seemed like every answer I gave to him, didn't meet his standards. I want to appeal this decision, because this job is something that will benefit my family. When should i expect it to come? Do I have a shot at winning the appeal? There are so many questions that i have unanswered and it seems that the company doesn't want to help me answer them. I'm not sure how to go about the decision, or how to appeal? Will it make a difference? Thank you in advance

Big D (el paso texas) on March 20, 2010 at 5:13pm


	laurelanne (nj): I think your daughters are unnecessarily concerned about the psychiatric assessment. Regardless of whether it becomes part of a public record, it will be obtainable during a security clearance investigation. Even if there is no psychiatric assessment, the claims you have made about the psychological damage done to your daughters are probably known to many people in your small town. This will probably surface during a clearance investigation and trigger an expansion of the investigation into mental health issues. Only people who have a current or recurrent mental health problem that adversely affects their judgment are denied security clearances. Of the 150,000 security clearance applications processed each year by the Defense Industrial Security Clearance Office only 5 applicants were denied clearances in 2009 by Defense Office of Hearings and Appeals Administrative Judges because of Psychological Conditions.

William Henderson on March 20, 2010 at 3:59pm


	I am involved in a civil suit i have taken against a current landlord and one neighbor/tenant. in this suit, due to the nature of the bullying/mobbing that was inflicted upon myself and my two teen daughters and my autistic toddler, i am seeking damages for "psychiatric injuries and long term effect" as well as resulting physical harm from the enormous stress this 2 year long situation caused. My children are all named as victims in the suit and in two of the criminal charges i filed against the perpetrators. The biggest issue here is that now my teen daughters are truly and deeply worried about the necessary forensic psychiatric assessment and the report being made public in court......see, one daughter is working feverishly to complete enough requirements that she can get scholarship and later employment in the career field of international diplomacy/cia. The other daughter is entering college soon and will be majoring in materials science with the specialty of nano science technology in films and ceramics, and an internship in code-breaking. Both girls will be applying, obviously, for increasingly higher levels of security clearances. both are very afraid that being named in this civil suit and worse, having a forensic assessment and report will kill off their chances of any chance of such clearance and will effectively destroy all they had hoped and studied for since their early teens. What is the situation potential here, if in this civil suit, the evidence identifying damage done by those adults to these girls when they were in their earlier teens is of a psychiatric injury type due to prolonged mobbing by non-related group of adults? These girls are strong and levelheaded, and i know it has been a nightmare for them, and i know they are not "messed up" but they DO have resulting damage from this issue, and i do want to see the perpetrators feel something as close to discomfort as possible, which is likely through their wallet, since the judicial end of things only brought minor infractions and misdemeanors, and did not in any way even stop the group from continuing their bullying behavior. This assessment is to be scheduled soon, and with a nationally-known phd of forensic psychiatry as well as adult and pediatric injury, so the chosen doctor is well qualified, anyway. Please let me know your answers soon, my daughters are becoming very stressed that now these persons will ruin even these efforts by my children. (that is another thing too, if i do NOT proceed thru this suit, it is a nearly 100% guarantee that these adult perpetrators will continue to stalk and inflict further academic, career, community, relationship and personal emotional harm to these girls. i must stop it, as it has spread even to family members, even to those many states away, and even to former classmates of MINE from several states away, with whom i have not seen since high school. these persons must be stopped, but how can i protect my children AND their chosen futures? they have been so focused and so GOOD at preparing, and now even that might be blown to pieces because of a half dozen adult bullies in a small town who have too much money and god only knows what in their heads.....it is sick, and i have three of the best attorneys in the state, but they are NOT experts in this particular area. thank you so much for your time with this question.

laurelanne (nj) on March 13, 2010 at 12:33pm


	John L: There is a possibility that the ARNG will find out, but I don�t know what they will do. As long as you continue to hide relevant information from the Guard you are susceptible to blackmail and therefore a security risk. I recommend you disclose your past falsification to the ARNG and take your chances with them. Once you get past that, I think you have a reasonable chance of getting a Secret clearance, if there has been no mental health problems or alcohol dependence/abuse in the past few years.

William Henderson on March 11, 2010 at 7:05pm


	Sterno (North Carolina): I don�t understand why you had to resign, if your employer simply chose not to renew your contract. At any rate question 13C on the current SF86 covers every conceivable situation for employment termination, so something needs to be listed. I recommend using 13C6 (Laid off from job by employer), because it is a closer match to your situation than any other. Use the comment section to explain the situation. You will also have to give a reason for employment termination at question 13A. Employment termination not related to misconduct or rule violation is not adjudicatively significant. It is important that your SF86 clearly shows that no misconduct or rule violation was involved.

William Henderson on March 11, 2010 at 6:41pm


	Bubbly: For a TS clearance it is possible that the investigator will review your academic counseling records. Educational references will be interviewed at any school you attended during the past 3 years if education was a primary activity during that time. I�m certain that the current SF86 only asks for information going back 7 years for mental health treatment regardless of whether the investigation is for a Secret or a TS clearance. There�s a link to the SF86 in the first paragraph of this article, so you can read the question yourself. Every company has its own procedures for hiring and processing security clearance applications. Resumes are not sent to the government with the clearance application form. Normally personnel records at prospective places of employment are not reviewed. If you fill out the SF86 after you are hired, it would be normal to review your personnel record (which may contain a copy of your resume) at the place you are hired. Employment references are only interviewed at places where you worked for at least 6 months.

William Henderson on March 11, 2010 at 6:09pm


	Mr. Henderson, I am very interested in obtaining security clearance for a contracting job positiion or possible becoming an officer. Currently im lower enlisted in an MOS that doesnt need any clearance in the Army Ntl Guard. I lied to get into the guard, because I attempted suicide was hospitalized, and was hospitalized for depression again 3 years later. The last time I was hospitalized for depression was just under 5 years ago. Since then I have graduated college and have done 1 tour. I am qualified for a great many jobs, if I just had secret clearance. I have had many routine psych evals since I had problems, as is sometimes mandatory with the military. I also used to have alcohol problems, I got a DUI about 9 years ago and was diagnosed with alcohol dependency, but since then a DUI counselor has reversed that diagnosis. I feel as though I am a much different person that has very much gotten better and no chance of being suicidal ever again. Anyway, my question is this... when I tell whoever about these things when applying for secret clearance, is there any chance that the texas national guard will somehow find out about them and discharge me? Alos, what are my chances of actually getting secret clearance?

John L (outside of Houston, Texas) on March 11, 2010 at 11:42am


	I am wondering how to answer question 13C for the following situation: As a teacher, I was told that my contract would not be renewed the following year as the school had "decided to go in another direction", with no further information or reason. They allowed me to resign. My official reviews/assessments from the administration were all good, and there had been no disciplinary action. Would this count as 2. Quit a job after being told you would be fired, 4. Left a job by mutual agreement following notice of unsatisfactory performance, something else, or would this not apply? I am applying for a secret clearance, have never had one before. Thanks so much.

Sterno (North Carolina) on March 9, 2010 at 2:41pm


	Mr Henderson, My question is this, I am about to marry a lady from Uganda. It is not a banned country to the United States. Her back ground is clean and she has no political ties. I am looking at obtaining a job with the US Air Marshals in which I will need a TS clearance issued by DOS. My soon to be wife still lives is Uganda and we are working on a green card now. We will also work on citizenship soon after as we are expecting our first child. My question is how difficult would it be for me to obtain in TS being that my wife is from another country? What should I do to make this process easier.

William (nc) on March 7, 2010 at 6:25pm


	Mr. Henderson: Thank you so much for your response -- I do appreciate your words of wisdom and helpful feedback. About the consecutive withdrawals my freshman year in college, I was suspended from school (because I withdrew 2 times in a row) and readmitted back after a petition to the Academic Standards Board, however in order to get back into the University, I had to write a letter about myself going through family problems along with providing a counselor letter that I was okay to get back into the University. The counseling letter states directly that I was troubled and depressed by my family incident. Would secret agents investigate to the matter they consult with my academic advisers about this and get those letters that may be contained in my file? Also, about the suicide attempt 10 years ago, I thought TS clearances extended through out 10 years, not the regular 7 years -- from what I seem to be hearing on these boards -- am I incorrect? So, you are certain that I do not have to disclose it on my application if it is past 7 years? Last thing is, I wanted to know how the whole process of TS clearances work. Let's say I apply to a private company that is cleared and they are assigning me a position that requires me to be eligible for a TS clearance. I go through the resume and interview process with an HR manager, and lets say he/she wants to hire me. What is the next process? Does the HR manager recommend and ask for sponsorship for the clearance? Does she use my resume, and everything I provided to send it to government clearance officials? During the TS interview process, do government officials interview the HR manager about me as well (I know they will interview my family friends neighbors etc), and ask them for their own input about me, or do these secret agents just go out and interview my connections. I guess what I am trying to ask is do they look at my resume I apply to the cleared firm, or is it a completely different process? Thank you in advance, Mr. Henderson.

Bubbly (Maryland) on March 5, 2010 at 1:43am


	Bubbly: With regard to your school attendance, it is possible that an investigator will want to determine why you withdrew from school. Don�t worry about; it�s not significant. Just complete the SF86 accurately and truthfully. You only need to account for how you spent your time when not in school.

William Henderson on March 4, 2010 at 3:03pm


	Bubbly: There is a presumption that any treatment/hospitalization for a psychological condition at occurred more than 7 years ago (and has not recurred) is no longer relevant to security clearance eligibility. This applies to your situation. The mental health question (#21) on the SF86 (see the link in the first paragraph of the article) only asks about treatment/hospitalization that occurred within the past 7 years. The mental health questions during the Personal Subject Interview (PRSI) for a TS clearance should also be limited to a 7 year time frame. However if you have had any mental health counseling in the past 7 years or if one of your references discloses the suicide attempt, it is possible that you could be questioned about treatment that occurred more than 7 years ago. A single suicide attempt that happened 10 years ago when you were 16 years old with no other mental health issues should not result in the denial of a TS clearance.

William Henderson on March 4, 2010 at 2:50pm


	Amanda: If 2 years have not elapsed since the last time you were debriefed, your company should be able to have your clearance reinstated at the Secret level and you will not need a periodic reinvestigation for 5 more years.

William Henderson on March 4, 2010 at 2:30pm


	Mr Henderson: I graduated from a University in good standing, however another glitch is I withdrew from 2 semesters in a row my very first year in college because I did not want my bad grades to affect my GPA, and used an alibi of being distracted and depressed about family problems as a reason to enter back into the University -- in which I succeeded and graduated in the next 3-4 years. Will a TS try to investigate more after seeing all the W's on my academic transcript and determine more this by meeting with academic advisers? What would be your advice?

Bubbly (Maryland) on March 3, 2010 at 9:06pm


	Mr. Henderson: I'm looking to apply to TS clearance jobs in the near future and I wanted your advice and feedback. I am currently 26 years old and in 2001, when I was 16 in high school, an immature minor, attempted to take an overdose of pills, and hospitalized due to losing my virginity by force which I wanted to keep sacred as a young woman. I never really got counseling for this -- How will this affect my clearance?

Bubbly (Maryland) on March 3, 2010 at 9:02pm


	Nervous Rey: Not all mitigating conditions apply to all potentially disqualifying conditions. There is no benefit to seeing a psychologist unless there is reason to suspect some pathological problem behind the misconduct. Mitigating condition 17(d) is primarily for potentially disqualifying condition 17(d)(2) disruptive, violent, or other inappropriate behavior in the workplace. It also applies to other patterns of misconduct or dishonesty where people are unable to control negative impulsive behavior.

William Henderson on March 3, 2010 at 1:56am


	Hi I am a former Intel officer, that got out of the military 4 years ago. I am now working as a contractor and my company has just informed me that they will not renew my Top Secret Clearance, basically because the position I am in only requires a Secret clearance. Does this mean I have to do the whole paper work over or again or will I just fall into a Secret clearance for the next 5 years. The closing date of the TS was in 2005 and granted in 2005. Thanks

Amanda (Fort Irwin) on March 2, 2010 at 4:32pm


	Mr Henderson: I have posted on here several times and I must thank you very much for your comments, they have been helpful. My latest question is regarding adjudication guidelines. In reference to Personal Conduct 17-d it states the individual �has acknowledged the behavior and obtained counseling to change the behavior or taken other positive steps to alleviate the stressors, circumstances, or factors that caused untrustworthy, unreliable, or other inappropriate behavior, and such behavior is unlikely to recur� How much consideration would talking to a counselor-psychologist about my personal conduct help my TS renewal? I have several issues; from having an unclassified computer confiscated for an illegal unclassified internet connection a year ago (was never reprimanded for this) to being fired from a civilian retail store for not reporting a serious incident a year and a half ago. I acknowledge that I was wrong and realize the seriousness of what I did; however at the time I strongly felt I could justify the incident and I would be OK. I hope that I can mitigate these incidents when the time comes, especially since I was always admired for my honesty and work ethics within the store and here in my new position I have done an excellent job plus I continue to have access to high level security systems. I have learned huge lessons from these past mistakes but I do not know if stating that would be enough? Thank you Sir.

Nervous Rey (California) on March 1, 2010 at 3:46pm


	Waiting (va): Yes, it was necessary to provide information about the situation surrounding your voluntary employment termination on your SF86. I would have answered �no� to question #13C1 and answered �yes� to question #13C2. It really doesn�t matter very much which question you answered �yes.� The important thing is that you disclosed the information about the written reprimands and explained what happened. Work place rule violations are usually Guideline E: Personal Conduct issues. I assume that both written reprimands were for your poor choice of words. Absent any other allegations of misconduct, what you describe is very minor and should not result in a security clearance denial or revocation. I don�t know how much significance your conduct would have in an employment suitability determination, because that is outside my area of knowledge. I believe I answered the rest of your question about reciprocity under the article, �New Federal Investigative Standards.�

William Henderson on February 25, 2010 at 4:18pm


	I was reading some of your earlier answers to questions related to 13 "leaving for other reasons" I had a stellar, award after award career with a company for 10 years. The last year I was there I got a new manager who harassed me, and made false allegations against me, to the point that I got physically ill, (broke out in shingles) I was written up twice for violence in the workplace and rebutted them and went to HR with no relief. An example of the write up was I said the "f" word in my office and someone overheard it. Instead of counseling me to watch my language he wrote me up for violence and hostile work environment. After months of trying to get some relief, my husband and I determined that I should leave the job. So on a Friday p.m. I turned in my immediate resignation. So on the answer form I checked Yes, to the 13 question, but wrote an response covering my situation. Should I not have put this down? Is this going to be a problem? I have a current contractor secret clearance, but am waiting on a Govt clearance requiring the same level but it is taking really long and I am beginning to get concerned, because I believe I should have automatically gotten an interim due to reciprocity? I would appreciate it you have any insight on this?

waiting (va) on February 24, 2010 at 11:16am


	Adam (West Covina, CA): I like to think of myself as an expert on federal security clearances. I wrote this article because many people mistakenly think that they have been denied a security clearance when in fact they were rejected due to employment suitability criteria. I don�t have any direct experience with employment suitability appeals. If you are appealing an adverse decision to the Merit System Protection Board, I can only suggest you visit their website. There are many lawyers in Los Angeles and Washington who specialize in federal labor law, but I have never dealt with any of them. Sorry I can't be more helpful.

William Henderson on February 23, 2010 at 9:07pm


	Poker-Junkie: If you are moving from a �competitive� service position to another �competitive� service position, I believe a new investigation is not required. 5 CFR 731.104 says, �Except when required because of risk level changes, a person in the competitive service who has undergone a suitability investigation need not undergo another one simply because the person has been . . . transferred, provided the individual has served continuously for at least 1 year in a position subject to investigation.� I recommend you read all of 5 CFR 731.104 and 5 CFR 731.106 and draw your own conclusions. I don�t have any special knowledge about how federal personnel rules are applied. BTW, the proper form for an MBI is an SF85P, not an SF85.

William Henderson on February 23, 2010 at 8:46pm


	Greetings Mr. Henderson, Wow! There is a TON of great info on here. THANKS! for posting this. Clearances can be scary, and to have somewhere to "prepare" one's self is VERY useful. My question is: I am a current federal employee. I have accepted a posiiton which requires an MBI. I have an adjudicated MBI, with an adjudication date of 6/2007. The Agency has asked me to fill out a credit check, and some other Agency-specific forms. Also, they are requesting i go on eQIP and complete an SF-85. Do I have to have another clearance done at the same level? Will OPM notify the Agency in question that I already have this level of adjudication? Does "reciprocity" require the Agency to accept my adjudicated MBI? THANK YOU!

Poker-Junkie (Washington, DC) on February 22, 2010 at 12:57pm


	Dear William, I was recently denied suitability with the State Department on the grounds of their belief I was going to help my ex-wife illegally immigrate to the US. Basically, what happened she worked as an agent for my company and my company sponsored her visa to the US. She was sick at that time. She later wanted to use that visa to enter the US seek medical care and then change her status once she was here. When I did not allow her to immigrate she became very threatening and started threatening to get me fired from my job. The State Department is under the impression that she used documents that I signed to get a visa. However I did not sign any documents that she used to get her visa. Although, I did sign documents, as she was an agent with my company to get a Schengen (EU visa). Once I did not allow her to immigrate, she said she would use these documents against me. I am currently getting ready to file my appeal. Do you have any advice on how I should file my appeal? I would really like to hire a lawyer. However, it is hard time to find a lawyer who deals with suitability cases for State Department applicants. Do you know of someone who can give me advice as to how to appeal? Adam

Adam (West Covina, CA) on February 21, 2010 at 4:01pm


	Formerly Cleared Industrial Security Rep: You need to find out exactly what happened and when by submitting a Privacy Act request to the clearance granting authority. Bear in mind that in addition to the 5-, 10-, and 15-year time periods that investigations for security clearances remain valid, there is also a 2-year break-in-service criterion that can make any clearance ineligible for reinstatement. If you were debriefed less than 2 years ago, your secret clearance can probably still be reinstated.

William Henderson on February 18, 2010 at 6:18pm


	Bruno: I don't know for certain. My guess is that since there is no exception for vacated court actions, you should list it and indicate that it was 'vacated" in the "Results of Action" field at question 28.

William Henderson on February 18, 2010 at 6:02pm


	will (St Louis): I recommend you read my article on Alcohol Consumption and Security Clearances at http://www.clearancejobs.com/cleared-news/59/alcohol-consumption-and-security-clearances . If you still have a question, post it there with a little more information about your situation.

William Henderson on February 18, 2010 at 5:53pm


	thaaprof: You need to list all 3 foreign bank accounts, the foreign health benefits, and the foreign employment on the SF86. Whether you should list your foreign friend depends on whether you currently feel a bond of affection, influence and/or obligation to her. If properly explained, none of these matters should result in the denial of a final secret clearance. It is almost impossible to predict if a person will be granted an interim clearance when any potentially disqualifying condition appears on an SF86. This is because there are hundreds (perhaps thousands) of government personnel security specialist (who are not professional adjudicators) authorized to make interim clearance decisions and their training/experience vary greatly. The potentially disqualifying conditions you present are easy to mitigate. For example �any employment or service, whether compensated or volunteer, with: 2) any foreign national, organization, or other entity� is a potentially disqualifying condition under Guideline L (Outside Activities) of the Adjudicative Guidelines, but in your case the employment has terminated and never presented any possible conflict with the national security interests of the United States. I recommend you read my article on �Foreign Influence and Security Clearances� at http://www.clearancejobs.com/cleared-news/54/foreign-influence-and-security-clearances and review Guidelines B and L of the Adjudicative Guidelines at http://www.state.gov/m/ds/clearances/60321.htm

William Henderson (Pacific Grove, CA) on February 18, 2010 at 5:43pm


	Mr . Henderson, Please assist me with my questions. I am just looking for a simple yes or no response. I did not expect anything detailed although I won't be offended if you do so. Thank you in advance. Please note I am not trying or looking to hide anything but if I don't need to say it on the e-qip form I need to know.

thaaprof (maryland) on February 17, 2010 at 9:21pm


	Mr. Henderson, I received a DWI in 01/09 and received another one last month. I have been offered a position as a DoD contractor which requires a secret clearance. Do you think I will be denied the secret clearance? Thanks

will (St Louis) on February 17, 2010 at 3:10pm


	Mr. Henderson, In the SF 86, it asks whether I have been a party to any public record civil court action? I had a restraining order court hearing in MA (which is also called an abuse prevention order). My wife at that time had wrongly filed a restraining order against me. However, I appeared in the court for the hearing and the restraining order was thrown out and vacated by the judge. I understand from the paperwork I have from that hearing, that it means that the judge has ordered for the records to be destroyed as it is vacated. Does the above hearing fall under the category of a "Public Record Civil Court Action?" Do I have to then list it under ths section in the SF 86? Thanks in advance for any clarification you can provide on this.

Bruno (DC) on February 17, 2010 at 8:17am


	I have previously held a TS/SCI clearance. While this clearance was active, I was subject to NJP with the Marine Corps. The military was NOT the granting authority. My access was suspended. I continued working on a project requiring a secret clearance. However, I was "told" by my employer that my clearance had been "revoked." I never received ANY documentation from anyone (my employer or any adjudicative authority) regarding my clearance. It has been three years since this incident. Recently, I had a friend of mine check my status in JPAS and there was nothing to indicate that I had "lost" my secret clearance. I am still within scope of the investigation for this clearance (out of scope for the TS/SCI). I am in the job market and I have no idea whether it is safe to say I can be reinstated for my secret clearance. Any ideas?

Formerly Cleared Industrial Security Rep (Texas ) on February 16, 2010 at 9:03pm


	Worried in MD: Employment termination only becomes a suitability or security concern when the reason for the termination involved rule violation or other misconduct. Don�t worry about minor traffic violations. Unless you have had so many violations that it indicates a disregard for the law, they usually don�t present a problem.

William Henderson (Pacific Grove, CA) on February 15, 2010 at 2:37pm


	Bruno (DC): Q1) There is no difference. Q2) Investigators must explain the purpose of the investigation to a personal or record source. Usually the investigator indicates that the person under investigation is being considered for a position of trust and responsibility with the US Government. The investigator might say that it is for a security clearance. When your present employer is contacted by an investigator it will be obvious that you have applied for other employment. I don�t see where the exact identity of the federal agency will make any difference to them.

William Henderson (Pacific Grove, CA) on February 15, 2010 at 2:29pm


	Hi Mr. Henderson, I am in the process of submitting my form SF-85p. In the last 5 years I was terminated from 2 jobs (one from a small company after 2 months) and the other from a large corp after 2 years. Both were because my perfomance wasnt that great (though the first termination was from a company that I should not have joined in the first place) and the 2nd one was more like a layoff (they got rid of other people in my group as well - I worked my but off for them). Will my public trust be denied? I have mentioned both in my form. I receieved UI benefits in both cases. Also I have a few traffic citations for crossing a solid line and not having vehicle inspection sticker. They are being handled by my lawyer.

Worried in MD (MD) on February 14, 2010 at 7:07pm


	Mr. Henderson, Thank you for your response. I work for a Private Corporation and have got an offer from the Federal Government which is conditional on my clearing the Top Secret Security Clearance. Q1) Is the process and methodology of checking employment records and interviewing my current and previous employers different for Private Corporations versus Federal Employers? I observed from the SF 86 form, that there is no box to check if it is a Private Company and hence I had to check the 'Other' category. Q2) Will the Investigator assigned to talk to my current employer reveal the purpose of the security clearance i.e.disclose who my new Federal Employer is (from whom I have a conditional offer)? I have not yet resigned from my current private firm as they owe me a lot of money. I am wondering if it makes sense for me to give them a heads up wiithout revealing who my future employer is? My only concern is that Private Companies sometimes may terminate employees once they know of their intention to leave the firm. Any advice in this regards would be highly appreciated as I am confused. Thank you.

Bruno (DC) on February 13, 2010 at 1:55am


	Bruno (DC) You can answer �no� to questions #13C1 and #13C2. Neither question applies to the situations you described.

William Henderson (Pacific Grove, CA) on February 12, 2010 at 6:32pm


	Michael (Titusville, FL): Yes it can. One specific example of a potentially disqualifying condition for a security clearance is �action to acquire or obtain recognition of a foreign citizenship by an American citizen.� Please read my article, �Dual Citizenship and Security Clearances at http://www.clearancejobs.com/cleared-news/91/dual-citizenship-and-security-clearances

William Henderson (Pacific Grove, CA) on February 12, 2010 at 6:24pm


	Mr. Henderson, Thank you for taking the time to consider my question. I was born in the U.S. and have been a federal employee for 20 years. For the last 5+ years I have held a TS clearance. My mother was a U.S. citizen but born in Canada. Canada recently changed their immigration laws and I am now eligible for Canadian citizenship (in addition to my U.S. citizenship) retroactive to my birth. Will my new dual citizenship status affect my TS clearance?

Michael (Titusville, FL) on February 10, 2010 at 2:58am


	Firstly, Mr. Henderson, I would like to commend you on your security clearance manual. I read it inside out and it is excellent. I am filling out the SF 86 for a TS clearance. I am confused on how to respond to the following questions: 1) 13 C Employment Record- It asks "Have you received a written warning, been officially reprimanded, suspended, or disciplined for misconduct in the workplace or violating a security rule or policy? I had a situation at one of my previous employers (5 years ago) where I had filed a written complaint to the Human Resources that my Boss was racially discriminating against me. Subsequently, the HR and my Boss started digging up my phone records as I work in a tele-sales job. I did not do anything wrong or violate any policy. They came back to me verbally saying that I made calls that were outside the territory which made no sense to me as we have clients who are located outside the territory as well. I obviously denied it as there was nothing written in the employee handbook that we could not call outside our territory. They did not give me any written warning but my boss mentioned it on my appraisal saying I made calls outside my territory. Do I need to mention it on my SF 86? Or does it constitute an official warning as per the SF 86? Q2) Regarding the above employer, I finally resigned from the job as I was not happy with the discrimination going on. But I was not asked to leave by the employer. I left on my own accord. Do I need to indicate it under the category of "Left a job for other reasons under unfavorable circumstances?" Thank you.

Bruno (DC) on February 9, 2010 at 8:30am


	I have 3 questions regarding interim secret clearance for a US-based position with a contractor. 1) While living overseas in a non-hostile/ally of the US, I dated a local girl and keep in contact with her on an infrequent basis. We still call, IM or email each other 15-20 times a year. I was initially there to teach English for a year but ended up staying for almost 5 years as I embarked on supervised academic research intended for a PhD. While there, I was completely legal in terms of visa and work permit. Since she assisted me in translation and field research for some time, we are naturally still friends. Her family is not tied to anything illegal or suspicious but I am concerned that my continued contact with her would cause a red flag in my application. Should I not indicate her on the application or is this too risky? She has a new baby and contact increased slightly when that happened but both of us have moved on with our lives. 2) I had a bank accounts in two foreign countries, both of which are allies of the US. I needed the first two as direct deposit was required for my teaching job and the other was opened while on a student visa in another country. I am pretty sure I closed the most recent account while on a student visa. But, I am not sure if I closed the other account 2 accounts from the other country. If the 2 accounts are still active, they would probably have less than $5-$10 max. Should I list these accounts? How would anybody find out about them? It has been 4 years since I was last in either country. 3) While employed as a teacher I received govt health benefits. Also, as a student I received govt health benefits and legally worked in the student union for a couple weeks before leaving the country. Would my overseas employment and use of foreign govt sponsored benefits be a red flag? Would any of these concerns cause a denial of interim and/or final secret clearance? I am not trying to hide anything but the fact I was overseas for so long is bad enough I assume. If I don't disclose any of the above mentioned issues how in the world would an investigator find out? If I do indicate something, then what or how much should I say?

thaaprof (maryland) on February 7, 2010 at 7:33pm


	Nervouseguard: I am not an expert but I have been doing A LOT of research into security clearences and read on a blog about a case where a contractor who was going overseas was fired when she was 18 and was denied an interim. Not sure if she lied about it on SF-86 or got fired for something illegal. However she stated that she eventually got her interim in the end. For what it is worth, (Just my opinion) if you explained that the DUI got you fired on the SF-86 and are going to rehab or seeing a counselor then you might have a chance, if the time that has surpassed is too recent then unfortunatly that might be an issue.

Luis (Cali) on February 6, 2010 at 5:03pm


	Nervousguard (DC): I have no knowledge regarding the basis for interim Public Trust determinations. It is common for interim security clearances to be declined due to a recent DUI. My previous responses to your questions addressed only final security clearances, not interim security clearances. I can only respond to your questions about Public Trust deteminations by comparing your situation to applicants being considered for a national security clearance. From anecdotal information and studies concern percentages of minor and major derogatory information present in security clearance cases, I can only guess that the declination rate for interim security clearances is about 25%; whereas the formal denial rate for final security clearances is about 1%.

William Henderson (Pacific Grove, CA) on February 6, 2010 at 4:09pm


	Rey (California): Based on security clearance case decisions I have read, the unauthorized use of a work computer (no matter how minor) falls under Guideline M (Use of Information Technology Systems) of the Adjudicative Guidelines. Question #27 was added to the SF86 specifically cover situations applicable to Guideline M. Therefore, I believe you should answer �yes� to question # 27a. You should also provide details of what happened in the comment section of question #27. You may be questioned about it during a Subject Interview, but if you properly explain what happened, I strongly doubt that this incident will affect your continued eligibility for a security clearance.

William Henderson (Pacific Grove, CA) on February 6, 2010 at 4:06pm


	Todd (SC): I hope you reported your suicide attempt and hospitalization to your security officer shortly after it happened. Yes, your suicide attempt and hospitalization can affect your eligibility for a security clearance. The primary concern is whether there is a chance the psychological condition that caused the suicide attempt can negatively affect your future reliability, judgment and behavior. Four years of stable behavior, good judgment, and reliable conduct will go a long way toward mitigating this concern; however, a security clearance adjudicator may want a professional opinion.

William Henderson (Pacific Grove, CA) on February 6, 2010 at 4:03pm


	I'm applying for a TS clearance; my mother-in-law is an undocumented immigrant. Is there any likelihood that my disclosure of her information leads to immigration enforcement against her? How will this affect my clearance?

TS (Virginia) on February 6, 2010 at 2:04pm


	After reading all your blogs, whats the total years that DHS can checkup on you for 15yrs. 13yrs. 10yrs. In other words, if you been clean for 13yrs with out any misterminers, can I applied for a job that requiers a secret clearance

Luis Torres (united states) on February 5, 2010 at 9:27pm


	Hi I am applying for a Top Secret Clearance and I have a question in regards to Taxes. Last July while I was applying for a VA Loan our broker ran across money we had been receiving from a rental property we own. He asked us if we had reported it on our yearly tax forms and we told him no. The reason for this was that a family member once made a comment that if we weren't making a profit from the rental then we didn't need to report it. The broker stated that lending rules were stricter and that we should amend our Taxes for the past 2 years in order to move the loan application forward. We amended our taxes and actually ended up getting a refund in both years for depreciation of the rental, plus my VA loan was approved. Should I mention this on my application? Thanks for your help Warm Regards DC.

DC. (Sacramento) on February 5, 2010 at 2:35pm


	Mr Henderson, I was just issued an interim denial... Do you think it may be because I lost my job because of the DUI, please see my last posts? Am I all done, or should I maybe expect a favorable outcome following adjudication?

nervousguard (DC) on February 5, 2010 at 12:32am


	Sir I can really use your advice. I do not know whether I should answer YES or NO in reference to question 27 � Use of information Technology Systems�. �In the last 7 years, have you illegally or without proper authorization entered into any information technology system.� During my first 3 days of employment I connected an unclassified government laptop computer to an unclassified network. I was given the generic user name and password for the system. The computer did not have a CAC ID reader so I thought that in order for me to log on to the laptop it needed to be connected to the internet. Since I am a former Officer I remembered that before CAC card readers were the only source for logging in, this was the only way to log on to a military computer. Also in my last company if the computer was not connected to the internet it would not log on to the desktop, so I connected it to the unclass internet cable sitting on my desk. I had gotten my CAC but it had not yet been activated to be on the network, all the necessary paper work was on an O-6�s desk waiting to be approved. The computer was confiscated when an IT guy came in and saw that there was no CAC card or reader connected to the system. He said this was a violation of Military Policy and that he needed to take it in order to scan it for illegal software. No illegal software or programs were ever found on the laptop. I had gone online to my company�s web site and my personal e-mail because I was required. However since it let me connect with the user name and password I had been given I did not think much of it. I later explained to my chain of command that I was not aware of my mistake since I was new and had assumed that this was the only way to log on to the laptop. They understood and there were no consequences or actions taken by the Military nor was there a recommendation for any actions to be taken by my company. About a month later, my CAC card was activated and I was issued a new government computer with full access to the military network. The only record that exists is a statement I made on a piece of paper stating the above mentioned in shorter words. The computer expert in the building stated that it was her fault because she should have un-configured the computer to have access to the network. I also informed my FSO about the incident and she said that the system should never have allowed me to have access to the network. Could I answer No and if I answer Yes, DO YOU THINK THIS WILL HINDER MY CHANCES FOR RENEWAL? Thank You so much�

Rey (California) on February 4, 2010 at 4:48pm


	I have a question about question 21. I was hospitalized back in 2006 for taking too many pills (suicide attempt). I know that I need to answer question 21 with yes, but I was wondering if this will effect my security clearance. I currently hold a SECRET clearance along with a DOT public trust and my 10 years will be up at the end of this year for the SECRET. This hasn't been a problem since it has happened. I didn't seek professional help, but I have spoken with multiple people about it, and I speak openly about it. I just do not want it to effect my current job. I guess my question is will my life style over the past 4 years "prove" that this was a one time incident, and if not how will this issue play a role with my clearance?

Todd (SC) on February 3, 2010 at 7:06pm


	Klo118: Question #26 is written very poorly. You only have to provide information in the 2nd part of question #26, if you had a �yes� response to one of the questions (a thru p) in the 1st part of question #26. You must list both investigations. Use agency code 9 and security clearance code 9 and identify the agencies involved and that you were not granted a clearance by either agency. You are not required to list your contact with the counselor/psychiatrist because it was not for �an emotional mental health condition.�

William Henderson (Pacific Grove, CA) on February 1, 2010 at 3:28pm


	Eth: On the 2nd page of the SF86 item #3 under the section titled: �Privacy Act Routine Uses� indicates that the government can turn over to the appropriate law enforcement agency information that indicates violation or potential violation of law, except for information an applicant provides at question #23 (drugs). So yes, it is possible, but I can not say whether or not it is probable.

William Henderson (Pacific Grove, CA) on February 1, 2010 at 3:05pm


	How do they know my entire employment history for the past 10 years?

blueboy (california) on January 31, 2010 at 9:30am


	There are three questions on the SF-86 that I am unsure how to answer. 26 Financial Obligations: It states that you must disclose all financial obligations for the past seven years...does this mean I should list each credit card/student loan? I am not "deliquent" on these debts, have never been late with a payment and always pay more than the minimum. I am not sure if I am required to list these if I answer "no" for questions a-p. 25 Investigations and Clearance Record: Right after college (I graduated in 2008) I was interviewed by the NSA and before I was formally interviewed (I was sent a conditional offer of employment after a phone interview and college fair), they nearly completed a background investigation, minus the polygraph. I bombed the interview and was never polygraphed or considered further for the position(it was my first interview out of college and I was completely unprepared!) I also completed an internship with the Secret Service my senior year of college. They conducted a �preliminary background investigation� but I was never granted a security clearance as an intern. Do I list these instances as times when my background was investigated, even though they never resulted in a security clearance? 21 Mental Health This past summer I visited a counselor/psychiatrist (at the request of my mom) who thought I had a �spending� problem. I attended about four sessions before I moved out of the area to begin a job. The counselor basically told me I need to budget better after reading through the spending diary she asked me to keep, but that it didn�t seem as though I have a problem. Should I check �yes� for question 21? Thank you in advance for taking the time to read this. Any help would be greatly appreciated!!

Klo118 (Arlington, VA) on January 29, 2010 at 1:43pm


	Mr. Henderson, Thanks for the prompt and honest response. Given that my father is undocumented if I proceed with the application for a Secret clearance is there a possibility that the information that I give them about my father would be turned over to the immigration department? Thanks,

Eth (NV) on January 28, 2010 at 6:48pm


	Eth: I have encountered a couple of people in your situation, but I have not read any case decisions involving your type of situation. Having an undocumented father is a security issue, but I don�t know how difficult it is to mitigate this issue. There are 2 criteria within the Adjudicative Guidelines that apply�Personal Conduct (Guideline E) and Foreign Influence (Guideline B). In your case these guidelines are concerned with your susceptibility to coercion and your susceptibility to foreign exploitation. A copy of the Adjudicative Guidelines is posted at http://www.state.gov/m/ds/clearances/60321.htm

William Henderson (Pacific Grove, CA) on January 28, 2010 at 12:58pm


	Hopeful (md): Question #22 on the SF86 states that even a dismissed criminal charge must be listed on the form. I should also mention that it is far more difficult to obtain an interim clearance than to obtain a final clearance.

William Henderson (Pacific Grove, CA) on January 28, 2010 at 12:56pm


	I need to get a Secret clearance but my father is undocumented all other immediate family members are documented. Is this going to cause a problem with me not being able to obtain the secret clearance? Thanks,

Eth (NV) on January 27, 2010 at 3:01pm


	Even if the charge was dismissed?? I included all the info as well as what I have done to redeem myself. Im only 24 and the debts are from 3 years ago. I have listed all of what I told you with explanations. Thanks for your help I guess well see how it goes...

Hopeful (md) on January 27, 2010 at 12:01pm


	Mr. Henderson: Thank you VERY much for this info! I've since discovered that the official disposition on my felony charge was a "declaration of factual innocence", which I plan to package with my SF86 along with a letter from my attorney and additionally all the information you suggested obtaining and coordinating with my doctor insofar-as medical releases and an official letter. I feel much more at ease going into the security clearance end of this now having read your expert opinion. I hope that the forthrightness on my part regarding these mitigating circumstances also helps with regard to employment suitability. We shall see, I suppose. Again, very much appreciated. Dave

Orange County Dave (California) on January 26, 2010 at 8:25pm


	Katie S (Maryland): Your Secret clearance is based on an NACLC (National Agency Check with Law enforcement and Credit checks) and does not meet the investigative requirements of an NACI (National Agency Check with written Inquires) needed for a federal employment suitability determination for a position at any sensitivity level. So you will have to have at least an NACI for a non-sensitive position. Every federal agency does things differently, but most generally follow the processing steps I described in the article. The employment suitability determination is ususally made by someone in the HR office, not the hiring manager. I don�t know how much influence a hiring manager has over suitability determinations at any particular agency. I guess it wouldn�t hurt to explain things to the hiring manager with the hope that she will go to bat for you. If you reported your 2003 and 2008 DUIs to your Facility Security Officer as required, there is a possibility that your Secret clearance can be reciprocally accepted by the gaining federal agency. But that might have no influence on the employment suitability determination. If your Secret clearance can not be reciprocally accepted by the gaining federal agency because of the 2003 and/or 2008 DUIs, then your chance of getting an interim Secret clearance is poor.

William Henderson (Pacific Grove, CA) on January 26, 2010 at 8:24pm


	Kimi (Ca): Within the federal government a �Personnel Security Investigation�PSI� is a term used for a background investigation conducted to determine a person�s suitability for federal employment and/or eligibility for a national security clearance. All applicants for federal employment must undergo a PSI, the most basic of which is a National Agency Check with written Inquires (NACI) for non-sensitive positions. Generally dual citizenship is not an issue for non-sensitive positions. It can be an issue for a position that requires a security clearance, but much depends on how the dual citizenship was acquired and if the person has received any benefit of foreign citizenship. Please see my article on �Dual Citizenship and Security Clearances� at http://www.clearancejobs.com/cleared-news/91/dual-citizenship-and-security-clearances. Also see my �Suitability/Security Clearance Chart� at http://lastpostpublishing.com/Documents/Investigative_Chart.pdf for information that describes the different PSIs and position sensitivity levels in the federal government.

William Henderson (Pacific Grove, CA) on January 26, 2010 at 7:40pm


	Hopeful (D.C.): Based on the information you provided, you must list your delinquent debt, citation for possession of paraphernalia, use of marijuana, and employment termination that occurred within the past 7 years on your SF86. There is only one condition that will definitely result in the denial of a Secret security clearance. That condition is current illegal use of a drug. Every other potentially disqualifying condition must be evaluated within the context that it occurred or exists and within the context of a �whole person� assessment. Any illegal use of drugs and any inability/unwillingness to pay debts are potentially disqualifying conditions. Some types of work-related misconduct or a pattern of misconduct can be a potentially disqualifying condition. A single misdemeanor offense without any aggravating circumstances generally is not a potentially disqualifying condition.

William Henderson (Pacific Grove, CA) on January 26, 2010 at 7:21pm


	Mr. Henderson, I currently have a Secret. I have been working as a contractor the last 8 yrs of my employment. I have been offered a government position. Now, I seem to be in the same boat as Mark (TX). I have DUIs, from 1994, 1995 (young & stupid), 2003 and now I have one from 2008, for which I am on probation. There are circumstances for this last one which I will provide to the investigator, however, I understand it is what it is. I was sent forms via email, to include the Declaration for Fed Employment. I am due to go in for all this processing 01 Feb. The lady I interviewed with just called me and is going to send me security info via email to get the process going, which I am assuming is e-quip access. I have since been under alot of anxiety over this. I have wanted this opportunity forever. I just graduated after 8 yrs of school part-time and still working. This lady that made the offer loves my background and what I can provide for her. My questions are: Should I call her back and let her know my personal status? Is she the deciding factor to continue my in processing or is it security at the gate/visitor bldg? Because I already have a secret, will I still pass an interim till I speak to an investigator? My license is suspended because I refused the breath test, I an getting it back in June. I have no problem getting back & forth to work. My SF-86 is ready with all info, nothing held back. I am ready to speak about anything during the process & keep short & sweet. I would appreciate any advice you could give me, Katie S

Katie S (Maryland) on January 26, 2010 at 9:44am


	Hi I applied for the position says "Personnel security investigation required" and I am dual citizen (asian-american). Does this mean I have to obtain and maintain Secret security clearance. The job is in Army Corp of Engineer. How does this work with dual citizenship? Thanks your site is wonderful

Kimi (Ca) on January 26, 2010 at 7:56am


	Questions: I have one charge-off on my credit report total of 1,298, but this was charged off in 06'. Will this affect me from getting a secret clearance?? Also I got a citation for possession of paraphernalia but the case was NOLLE PROSEQUI meaning the case was dismissed so i don't have a record. There is a question that says have you ever received a citation, ticket etc,. Should I list this?? And I also experimented with marijuana 4 years ago 2 times. Also I got terminated from a company that's no longer in business, should i report that also?? And with these 3 things would that disqualify me from getting the clearance, I mean with the leverage I have no record just a charge off and experimentation 4 yrs ago with marijuana approx 2 times?

Hopeful (D.C) on January 25, 2010 at 2:24pm


	Mory (Virginia): Government policy permits one agency to use new information obtained by another organization to readjudicate a person�s continued eligibiity subject to restrictions placed on use of the information by the organization that obtained it. So the answer is yes, it can affect your DOD TS and pending SCI, but DOD does not have to reach the same decision reached by the CIA adjudicator.

William Henderson (Pacific Grove, CA) on January 22, 2010 at 11:30pm


	Nervous Rey: Normally if there is a disagreement between the former employee and the former employer about the reason for employment termination, the fact that the former employee received unemployment benefits supports the former employees contention that he/she was laid off rather than fired for cause. When you acknowledge that you were fired for violating company policy, unemployment benefits have no affect on security clearance adjudication. Adjudicators are (or should be) concerned with conduct, not outcomes. In the same vein, cleaning up a record really doesn�t help things because the incident is probably known to a few people who may be interviewed during your PR, and the attorney can't erase their memories.

William Henderson (Pacific Grove, CA) on January 22, 2010 at 11:12pm


	Concerned (Maryland): When in doubt I always recommend full disclosure. There are 3 questions on the SF86 that somewhat apply to you: 26c. Have you failed to pay Federal, state, or other taxes, or to file a tax return when required by law or ordinance? 26m. Have you been over 180 days delinquent on any debts(s)? 26p. Are you currently delinquent on any Federal debts? It can be argued that you failed to pay the �correct� amount of federal tax in 2006 and that because underpayment of taxes are due on 15 April, you were delinquent from then until you began making installment payments (180 days?). I think most people would agree that you are not currently delinquent because you are paying the IRS as agreed. Depending on the exact circumstances surrounding this matter, there may be a more pursuasive rationale for answering "no" to these questions. In my earlier post I stated that adjudicators don�t normally have information about an applicant�s income, because things like spouse�s income, distributions from trust funds, financial support from parents, and investment income are obviously beyond the scope of any standard security clearance investigation. Such information would only be sought if there were indications of unexplained affluence/income and the standard investigation was expanded to cover this issue. If you study the investigative components of the different types of investigations, it is not difficult to determine what type of information will normally surface in each type of investigation. With a full field investigation like an SSBI, just about any relevant information can surface unless the Subject is the only person who knows about it and chooses not to disclose it.

William Henderson (Pacific Grove, CA) on January 22, 2010 at 10:57pm


	Orange County Dave: 1. Being charged with a felony offense is a potentially disqualifying condition; however, �evidence that the person did not commit the offense� will fully mitigate this condition. You need to fully explain what happened in the �continuation space� of the paper version of the SF86 or the appropriate comment section of eQIP version. 2. What you described will not result in the denial of a final security clearance. However, any mental health treatment usually results in the declination of an interim clearance. If good documentation is submitted with your SF86, it is sometimes possible to sufficiently mitigate the issue early in the clearance process, thereby enabling the adjudicator to grant an interim clearance. Getting past the suitability adjudicator is a separate matter and as I have indicated, it is impossible for a person outside the specific government agency to predict what a suitability adjudicator will decide. Since this question has been asked more than once, here�s what I recommend (it worked for a person who was initially declined an interim clearance by DISCO): Obtain a letter from your psychiatrist/psychologist (on his/her letterhead stationary) stating that you do not have �a condition or treatment that could impair your judgment or reliability, particularly in the context of safeguarding classified national security information.� The letter should include your psychiatrist/psychologist�s address, telephone and fax numbers, and a statement indicating that he/she is willing to answer questions about your condition/treatment from any government security official by telephone, fax, mail, or in person. It would be good if the letter also described your treatment, diagnosis, and prognosis. You should sign a medical information release form authorizing your psychiatrist to discuss your case with government security officials. Use whatever form your psychiatrist normally uses, but also give your psychiatrist a copy of the medical release that is part of the SF86. Leave a copy of both releases on file at your psychiatrist/psychologist�s office and give a copy of the release normally used by the psychiatrist with the psychiatrist�s letter to the person who processes your SF86.

William Henderson (Pacific Grove, CA) on January 22, 2010 at 10:02pm


	Nerousguard: Just about everyone convicted of a first-time DUI is placed on informal probation, so it generally is not viewed as a separate issue. There is no reference to parole or probation in 5 CFR 731.202. In the Adjudicative Guidelines, Guideline J (Criminal Conduct) lists �individual is currently on parole or probation� as a separate example of a potentially disqualifying condition, but I don�t think it is the intent of the Adjudicative Guidelines to view informal probation the same as formal probation when the informal probation results from a single isolated misdemenor offense.

William Henderson (Pacific Grove, CA) on January 22, 2010 at 9:30pm


	MR Henderson, Thank you very much for your input. I have completed all requirements of the court. The only issue I can see is the fact that I am still on an "informal" probation. Meaning that I do not report to an officer or anything, but if I were to be a moron and get stopped again with alcohol on my breath, I would go to jail. I have no idea if "informal" really means "just don't be a moron", or if the adjudicator will look at it in another way. Let me know what you think. Again thank you so much

nervousguard (DC) on January 22, 2010 at 1:16pm


	Mr. Henderson, Your wealth of knowledge regarding the convoluted process of security clearance has shed a lot of light for me and clearly a number of people in this forum. Thank you. I am applying with ICE and FBI this Spring and have reviewed but not filled out the SF86 form. Here are my two areas of concern: 1) I was misidentified in a felony assault case by one of two witnesses who picked me in a police "six-pack" (yes, this was enough to serve a warrant unfortunately). The guilty party was later identified and charged (after several court appearances and thousands of dollars in legal fees on my part) and I was given what my lawyer referred to as "the closest thing to an apology the court will give you." Obviously there are extensive and extenuating circumstances re this item that explain the charge, and I do expect this to prolong the review process, but can you foresee this being an actual disqualifier for TS clearance or just a speed bump? 2) I had three sessions of counseling and was prescribed a low dosage of medication for insomnia as a symptom/side affect of mild depression. I read some of your other replies regarding similar situations below and they were very helpful. I am certain my doctor would provide a letter ensuring that I am not a security risk-- the problem had never affected my professional or personal life dramatically or led to other issues even prior to treatment and resolve, simply a 'thorn' I preferred not to have in my side. But it is still a "yes" to item 21, which you mentioned is almost always an issue. Did you mean this is a problem for getting interim clearance only or clearance period? Would the aforementioned letter and assurance from my doctor likely mitigate this in the end, or are the chances very slim of gaining clearance at all? The above are the only blemishes on my SF86 and my only concerns, save a less than desirable driving record from my teenage years and early twenties (a few speeding tickets and couple non-injury fender benders, no DUI's). Any insight and advice you can lend here would be invaluable to me. I'd like to know what I'm up against. Thank you in advance! Dave

Orange County Dave (California) on January 22, 2010 at 12:47pm


	Thank you for the answer about the IRS debt. The question on the SF86 asks if I am delinquent on a federal debt and I thought i would not be since I am making payments. Also, how will they know I have an IRS debt if it does not show on my credit report?

Concerned (Maryland) on January 21, 2010 at 5:58pm


	Nervousguard: If your DUI is an isolated incident (no other alcohol-related problems), there are no aggravating circumstances, your consumption of alcohol is moderate or less, and you fulfilled all requirement imposed by the court, I believe a favorable suitability/fitness determination should be made in your case. I base this opinion on the dozens of security clearance decision I have read that involved alcohol-related problems. But there is no one-to-one relationship between security clearance determinations and employment suitability/fitness determinations. All security clearance adjudicators use the same Adjudicative Guidelines. This document is almost 6,000 words long. Employment suitability/fitness adjudicators use the criteria at 5 CFR 731.202 (about 340 words long) plus any supplemental criteria they may have for the specific position. Another problem is that there are no publicly available written decisions on employment suitability determinations. And even if there were cases you could read, the decisions reached by different adjudicative offices would probably vary greatly because of the lack of specificity in the criteria at 5 CFR 731.202 allows a lot of latitude in how the criteria are applied.

William Henderson (Pacific Grove, CA) on January 21, 2010 at 4:35pm


	Mr Henderson, thank you very much for the information you provided it has been very helpful. In reference to the information I provided the attorney, I actually think I provided more information on this blog than I did to him. I didn�t even get a chance to tell him that I have maintained my current boss and FSO up to date on these issues. The computer incident last March is what worried me where I did not know how to respond based on the circumstances. It happened on my 3rd day of employment of all things so as you can imagine this whole time I have been worried about it. Since my conversation with the attorney I have spoken with an Army NCO who handles security clearances and he told me that since there was no adverse action taken against me by my company or the Army that I should answer yes and explain that it was a "inadvertent mistake" just in case it should come up. Since the incident I have taken the Army Info Assurance class twice and continue to have full privileges on the Army's IT system. He also mentioned that hiring an attorney to clean up my record before it was even adjudicated would make me look like I was trying to hide something. As for being fired I received unemployment benefits for 2 months until I got to my current position, I am wondering if that will help my case? Thank You for your time Sir.

Nervous Rey (California) on January 21, 2010 at 1:02pm


	Mr Henderson, I recently received an SOR from the CIA for a denial of TS/SCI access and a revocation of my existing ISA/Secret. I plan to follow the outlined steps to appeal this decision, as it appears based on weak elements (e.g. Personal Conduct, accusations taking individually are not disqualifying but together....), knowing that the best it will do for me is to allow me to answer "NO" on future SF86s re: having had any clearances denied or revoked. However, I currently hold a DOD TS and am in process for a non-poly SCI. What is the likelihood that this adverse decision by the CIA will affect my existing DOD TS and on-going upgrade to SCI? Appreciate your insight.

Mory (Virginia) on January 21, 2010 at 12:42pm


	Nervous Rey: I am hessitant to contradict the advice of an attorney to whom you probably gave much more detailed information than you are providing here. At any rate I am a little uncomfortable about his advice, particularly the part about doing a psychological profile. I recommend you get an opinion from a second lawyer. There is a retired DOHA judge (DOHA judges decide security clearance cases on DoD contractors) in Van Nuys, CA. Just Google �security clearance lawyer Van Nuys� and you will find him.

William Henderson (Pacific Grove, CA) on January 20, 2010 at 7:45pm


	Mr Henderson, I had posted this a few weeks ago to no reply. I would greatly appreciate some input. Thank you so much. MR Henderson, I recently submitted an SF85 for a MRPT from the DOS. I had a first offense DUI in July of 09. Do I have any chance of getting a favorable out come. I disclosed fully, and that is my only negative comment on the form. Good credit no foreign contacts. What do you think?

nervousguard (DC) on January 20, 2010 at 7:35pm


	Fran: There is no prohibition against dual citizens holding PT positions. Adjudicative criteria for PT positions Is governed by 5 CFR 731.202 and any supplement criteria established for a specific position within a specific federal agency. You�ll notice that there is no criterion for �financial considerations� at 5 CFR 731.202 but most federal agencies use financial considerations as a suitability/fitness criterion for PT positions. You will have to ask the hiring federal agency the exact suitability criteria they use for the position you are interested in.

William Henderson (Pacific Grove, CA) on January 20, 2010 at 7:25pm


	Kristin: You answered question #21 incorrectly. You should have answered �yes.� However, by including the information about your mental health treatment in the comment section you have effectively corrected this error. The bad news is that a �yes� response (or in your case the equivalent of a yes response) to question #21 almost always results in the declination of an interim clearance. There are some things that can be done to improve a person�s chance of being granted an interim clearance in this situation. Since you have already submitted the SF86, wait a few days and if you have not be granted an interim clearance, come back here and ask how to mitigate mental health treatment when an interim clearance is needed but has been declined. BTW having an interim clearance declined is not the same as having a clearance denied.

William Henderson (Pacific Grove, CA) on January 20, 2010 at 7:12pm


	Concerned (Maryland): Usually the only time debt-to-income ratio is examined is when a person has significant current delinquent debt. In your case there is a remote possibility that your IRS debt could trigger such an examination. Adjudicators have no way of computing debt-to-income ratio unless an investigator asks an applicant what his/her income is and includes this information in a report. If you are questioned by an investigator, you will have ample opportunity to explain your entire financial situation. I think your chance of being granted a new final security clearance (if your gaining agency actually wants to go that route) is very good. You may have a problem with an interim clearance because of the IRS debt. Be sure to explain the IRS situation thoroughly in the comment section of the SF86 to minimize the possibility of having an interim clearance declined. You are being asked to submit a new application form because you are a candidate for federal employment, not because your current Secret clearance is not good enough for the gaining federal agency. Your Secret clearance was based on an NACLC. The minimum federal employment suitability investigation is an NACI. The NACI contains investigative components that are not present in an NACLC. Therefore an NACLC is not good enough for employment suitability purposes. The gaining agency can have you submit an SF86 and conduct an ANACI, which can be used as the basis for both employment suitability and secret clearance determinations. Or they can have you submit an SF85 and conduct an NACI, which will only satisfy the employment suitability requirement, and concurrently accept the Secret clearance you already have.

William Henderson (Pacific Grove, CA) on January 20, 2010 at 7:00pm


	I am really confused on how to answer question 21 on sf86. Mental health counseling in and of itself is not a reason to revoke or deny a clearance. In the last 7 years, have you consulted with a health care professional regarding an emotional or mental health condition or were you hospitalized for such a condition? Answer �No� if the counseling was for any of the following reasons and was not court-ordered: � strictly marital, family, grief not related to violence by you; or � strictly related to adjustments from service in a military combat environment. If you answered "Yes," indicate who conducted the treatment and/or counseling, provide the following information, and sign the Authorization for Release of Medical Information Pursuant to the Health Insurance Portability and Accountability Act (HIPAA). Here's my situation: I was never court-ordered to counseling or court-ordered to the hospital I was briefly hospitalized for less than 48 hours in 2003 after issues of depression (not being able to sleep, separation anxiety from my parents, and being raped at college) I have seen a therapist and psychiatrist, but no longer see a therapist and currently see a psychiatrist every year for medicine checks. I am currently stable and I was stable when I graduated in 2007 from college. The past situation was a temporary one caused by the items mentioned above, I have resolved the situation by running each day, therapy, medication. I responded on the sf86 by answering NO to the question however, I gave an explanation similar to the one above however it was more detailed. Is this a reason to deny interim secret clearance? I feel I have mediated it by explaining that it was a temporary situation and have explained my ongoing and consistent treatment plan and have also explained that my mental instability doesn't exist anymore. I also included my psychiatrist's contact information and signed the health waiver consent form. Is this ok with what I did?

Kristin on January 20, 2010 at 3:15pm


	Does dual citizenship conflict with moderate risk Public trust positions? in the other hand, can dual citizens get PT positions?

Fran (CA) on January 20, 2010 at 8:36am


	Sir: I am up for a TS Security Clearance renewal this year. A year ago I was terminated from a retail store for violating a company policy. (Nothing Criminal) EG Failure to file a report on a serious incident. A year previous to that I was given a final warning were I turned myself in for having violated another policy but was admired for my honesty. When I first got here to my new position I connected a government computer to the internet and had it confiscated because it did not have an ID reader and I did not have a government ID card just yet. However I explained it was a misunderstanding and never got punished for it. I was talking with a lawyer who specializes in appeals on security clearances and he told me basically that I was going to be denied for these things and that I should stay ahead of the game and utilize his services, where they could clean up my records and make me look good for the SF-86, including a psychological profile. His firm was going to charge me around 1000 dollars for this. WAS he telling me the truth? Will I flat out be denied? I thought honesty was the best policy in filling out your paperwork? Can you advise? Thanks.

Nervous Rey (California) on January 19, 2010 at 11:09am


	I am retired military and working as a contractor with a secret clearance that is good until 2016. I have been offered a federal position which requires a new security application. The forms says to go back 7 years. I had a chapter 7 discharged 7 years and 4 months ago. Since then I have never been late on any payment to creditors. I have three cars which I owe $50K and about $12K in credit card payments. I also have been paying $75 a month for an error on my income tax in 2006. When contacted by the IRS I set up a plan right away and have not missed a payment with them yet. Will they look down at my debt to income since I had a bankrupcy dischared that is out of the scope of this investiation? I have a good job now and would hate to give it up just to get denied a clearance and be out two jobs. What will they look at because some of my credit cards are almost maxed but I am about to pay off about 5 credit cards.

Concerned (Maryland) on January 19, 2010 at 8:23am


	Hiring Manager: The OPM credentialling guidelines for HSPD-12 PIV cards (same as CAC) are posted at http://www.hss.doe.gov/DepPersonnelSec/guidance/Final_Credentialing_Standards_for_Issuing_PIV_Cards.pdf The guidelines are very flexible. Some agencies don't even follow the guidelines. You should be able to get a copy of the credentialling standards used by your federal agency, but figuring out how those standards are actually applied may be very difficult.

William Henderson (Pacific Grove, CA) on January 19, 2010 at 1:34am


	BTW Should I try to tell the Personal Office my side of DUI story upon submitting Form 306, or simply let them know we are maintaining that I am not guilty?

Nervousin FL (Florida) on January 18, 2010 at 8:11am


	I have been offered a what I believe is a Public Trust Position GS 12 , I have been asked to complete a Form 306. I have a first time DUI charge against me which I am fighting. In FL it can carry 60 days jail or probation, although jail is unusual for someone with a clean record like me. I have been told after this submittal I will be emailed the e-QIP. I also have a 9 year old bankruptcy due to divorce, but bills in collections and chargeoffs again. How should I handle all this, and would I be better off pleading guilty so the DUI is resolved?

NervousIn FL (Florida) on January 18, 2010 at 6:50am


	I am about to hire an applicant for unclassified work for the Govt but requires a favorable adjudication on an NACI in order to get a CAC card and work on the program I manage. He has told me he did file for bankruptcy 4 yrs ago, but does not have any foreclosures, court actions, or present credit problems. Assuming this is true, could a 4 yr old bankruptsy itself prove a problem for adjudicating his NACI? Thanks, this site is very helpful!

Hiring Manager (VA) on January 7, 2010 at 3:20pm


	Dear Bill, If I change jobs while waiting for adjudication to finish, are they going to re-open the background investigation stage to re-interview my current and future bosses? I'd very much appreciate if you could give me your take on this. Of course, I plan to inform them of this change.

Insecure (Philadelphia) on January 7, 2010 at 9:56am


	Dear Mr. Henderson, I hope you can help me. I was offered a dream job with a private company that creates products for the military. As far as I know, my record is completely clean except for one thing - a Chapter 7 bankruptcy that I filed two years ago as a sole proprietor. I filled out an application for an interim Top Secret clearance and it was immediately denied. I received a letter from the HR representative at the company which revoked my job offer. The security clearance representative at the company said there is no appeals process for an interim security clearance. She said that if I want to know the reason for the denial, I can contact DISCO but that it usually takes six to 12 months. I thought that knowing the reason right away might be useful, because there may have been some type of error or misunderstanding that caused the denial. I was so looking forward to this position. Do you have any advice that might help? Thanks so much!

Sad (Austin) on January 6, 2010 at 8:29pm


	I recently went through a short sale on my home in October. I interviewed for a job and was offered the position until the subcontractor reviewed my credit report showing my short sale...which shows a "charge off" with a balance due. The subcontractor decided not to present my file to DHS for Suitability Review and withdrew the offer. My question is can I loose my Secret Clearance due to the short sale? Will this be my delima for all types of government positions or will in time this not be a problem. Thank you, Donna

Donna (Maryland) on January 6, 2010 at 7:00pm


	Marine-4life: You should immediately report the matter to your security manager. Absent any aggravating factors, it is rare for a security clearance to be revoked because of a single DWI. The most common action taken by a clearance granting authority against a cleared individual because of a single DWI is the issuance of a written warning that future incidents of a similar nature may result in a clearance revocation. The worst thing that may happen in a case like your�s is the temporary suspension of your clearance while the clearance granting authority gathers and reviews all relevant information about the incident. Here is what the Adjudicative Guidelines say 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. I recommend you read my article on Alcohol Consumption and Security Clearances posted at http://www.clearancejobs.com/cleared-news/59/alcohol-consumption-and-security-clearances

William Henderson (Pacific Grove, CA) on January 6, 2010 at 5:29pm


	Frank W: You were misinformed. No public record, local criminal record, or credit record checks are run on family members who currently reside with you. For an SSBI the only investigation conducted on relatives is verification of US citizenship or legal status of foreign born immediate family members and a National Agency Check (NAC) on a spouse or cohabitant. A cohabitant is someone living with you in a spouse-like relationship. During your Personal Subject Interview (PRSI) for your SSBI, you will be asked about any condition or conduct related to a close relative or friend that could affect you in any way. That will be the time to disclose information about your son�s condition and conduct. Generally your eligibility for a security clearance will be negatively affected only to the extent that you can be influenced to do something illegal or contrary to the security interests of the United States by or because of your son.

William Henderson (Pacific Grove, CA) on January 6, 2010 at 5:09pm


	MR Henderson, I recently submitted an SF85 for a MRPT from the DOS. I had a first offense DUI in July of 09. Do I have any chance of getting a favorable out come. I disclosed fully, and that is my only negative comment on the form. Good credit no foreign contacts. What do you think?

nervousguard (DC) on January 6, 2010 at 4:48pm


	Bill My question is in regard to suitability and investigation standards. I am about to undergo a SSBI for a TS. My son has recently charged with 2 feloines and about a year ago he had domestic assault (misdemenor) . His 2 feloines are pending still while his domestic assault was lowered to simple assault and battery. The 2 feloines were did not involve violence. I know for an SSBI that public record checks are ran on family memebers who currently reside with me ,in which my son does. He was recently was diagnosed with bi-polar disorder and a few other mental issues which triggered these incidents. I am certain my investigator will ask about my sons record since it is public knowledge and they run his date of birth threw local and state law enforement agencies. Can this hurt me in getting a TS clearance and SAR or SAP access ? There is no urgencey to get the TS now so should I wait until his charges get dispostioned ? He was found incompentent by Pshychiatrist so the lawyer that I hired said the charges will dropped in one felony and the other felony he will be reffered to mental health court

Frank W on January 3, 2010 at 10:22pm


	Hello Sir, My question is I have a Active TS and I just received a First Offense DWI this past New years Eve. I was wondering what are they proper steps to keep this from my job or agency taking away my clearance because of my first offense DWI. I have clean record and this my first offense ever. Thanks

Marine4life (TX) on January 2, 2010 at 10:55pm


	Jeff: A 09B is a standard ANACI (Access National Agency Check with written Inquiries). It is used for initial-hire federal employees who require a Secret clearance. Being unable or unwilling to pay your debts is a potentially disqualifying condition for a security clearance. A clearance can be granted when a disqualifying condition exists, if the disqualifying condition is mitigated. To mitigate your financial problem you will have to show that something beyond your control caused you to become unable to continue making your mortgage payments and that you have acted reasonably and responsibly in trying to resolve your mortgage problem. The fact that you completely stopped making mortgage payments in June will work against you. Completing a short sale or renegotiating your mortgage and getting back on track before your case is fully adjudicated will improve your position. Aside from any unpaid debt that exists, the adjudicator will focus on why you got into this financial problem and how you have been handling the problem. I recommend that you read a series of articles that I wrote on personal finances and security clearances. �Impact of Delinquent Debt on Security Clearances� is posted at http://www.clearancejobs.com/cleared-news/39/the-impact-of-delinquent-debt-on-security-clearances with links to the other articles.

William Henderson (Pacific Grove, CA) on December 29, 2009 at 2:02pm


	Mr. Henderson, I was recently hired as an IT Specialist/GS 9 position from being a contractor in the same Navy Medical Command. During the hiring process I disclosed on the Federal Employment Form that I'm delinquent on home mortgage loan. HR informed the command and they decided to continue with the hiring process; they requested to turn in SF86 for security background/clearance. 1. I recently retired from active duty with Honorable Discharge. 2. I have no other issues besides Financial Considerations. When I left active duty, I couldn't afford my mortgage the current economy caught up to me. I'm the only one working, my wife is taking care of our three toddlers. 3. I left active duty June 2009 and the same month I got this contract job. Wife and I decided to short sale the house and we defaulted on the payment since then. 4. We've been proactively working with the bank since June for loan modification and started short-sale process. We submitted 2 offers for short sale and waiting reply from them. Type of Investigation: 09B; Sensitivity Level: 2; Access/Eligibility: 2 Is short-sale or loan modification will mitigate my financial considerations even though we defaulted on the payments? I've been honest to my employer since the start and no disappointments on my job performance. I started this federal job 21 Dec and the command completed the SF-86 submission 23 Dec. I am really worried if I get denied of security clearance that the command will terminate my federal employment. My wife and I have never had any history of financial issues before mortgage problems. Anticipating to my situation, should I start looking for another job? I appreciate any information you can give me.

Jeff (NC) on December 26, 2009 at 12:23pm


	Ryan: I have to assume that by an �IT clearance� your prospective employer means a Public Trust (PT) position. PT positions are designated as either Moderate-Risk or High Risk. Public Trust positions include positions designated ADP-I, ADP-II, ADP-III, IT-1, IT-2, IT-3, IT-5, IT-6, 5C and 6C. DoD uses the same criteria for national security clearances as they do for PT positions. I have seen a DoD security clearance case where an applicant unintentionally failed to comply with his legal obligation to register for the Selective Service and was granted a security clearance. The determining factor was the plausibility of the applicant�s explanation for failing to register and his later efforts to correct this mistake. BTW failure to register with Selective Service is a bar to federal employment (this does not apply to contractor positions).

William Henderson (Pacific Grove, CA) on December 22, 2009 at 5:02pm


	Thank you for this great blog, which I found only yesterday (to my delight) and the great book. I was wondering if you'd be kind enough to offer a general response to the following question. For a candidate awaiting top-security clearance with an intelligence organization and having an immaculate background and speaking two focus languages fluently, how much of a minus is it for his clearance that he was born abroad and spent half of his life there and has now completed forms for 15 foreign contacts, including parents and siblings (all except 1 of which reside in friendly countries)? With all other things being equally, would you say my chances are 50/50, less, more? Also, if you have time for another question, on the SF86 cover letter the hiring organization states standard that I am not the only one being considered for the position and that the offer can be withdrawn at any time for any reason independent of the clearance criteria. But how common is it that they would do that with a qualified candidate when/if he looks likely to pass the clearance? Having spent so much time and money, don't they usually find another position for you or something? Or is this just a wishful thinking at its most pathetic? Happy holidays!

ForeignAmerican (Philadelphia) on December 22, 2009 at 4:21pm


	I worked as a DOD contractor in Kuwait from 2004-2008. I am trying to go back over to Iraq or Afghanistan but the company is asking for a It clearance. My back ground is clear and so is my credit. The problem is I found out there is a problem with my selective service registration that I didn't know about. I called them and they are sending me a letter. They are claiming that I never registered. I sent them info on the year I registered and all the addreses changes I sent to them. They are saying that my card never got processed so they didnt have an account to change the address. I also informed them that I never received a letter stating any problems with the address or my registration. What can I do? Can I still get a clearance with out being registered? Can I write a letter to anyone who can fix this?

Ryan (Houston) on December 20, 2009 at 11:44pm


	Ricky: I don�t know the rules at DHS regarding reapplying for a public trust position after being found unsuitable. There is no overarching federal rule that addresses this matter. I would imagine that you are eligible to apply for DHS contractor positions that are non-sensitive (i.e. not public trust positions) and DHS contractor public trust positions where financial considerations are not a suitability criterion. I suspect that almost all DHS contractor positions require eligibility for an HSPD-12 PIV card, where the primary criteria for eligibility are not being a suspected terrorist and being who you say you are. You can write or email DHS security office and ask them. If they can find a sponsor, people who have been denied a national security clearance are eligible to request permission to reapply for a security clearance one year after being denied, but they must show that the factors surrounding the original reason they were denied the clearance have changed significantly.

William Henderson (Pacific Grove, CA) on December 18, 2009 at 9:26pm


	Lynn: An MBI is a Minimum Background Investigation. MBI are most commonly used as the basis for determining an individual�s suitability for a Moderate-Risk Public Trust position. Unlike the �Adjudicative Guidelines for Determining Eligibility for Access to Classified Information,� the suitability criteria at 5 CFR 731.202 do not include a criterion for financial consideration. However, federal agencies are authorized to establish job-specific suitability criteria that go beyond the criteria at 5 CFR 731.202. So, if financial considerations have been added to the employment suitability criteria for the VA job you have been offered, then your past financial problems could prevent you from being found suitable for the position. The amount of time that has gone by since your bankruptcy and your current financial situation will be taken into consideration.

William Henderson (Pacific Grove, CA) on December 18, 2009 at 9:05pm


	Mr. Henderson I have been offered a job with the State Department that requires a top secret clearance. At my last job I was not totally honest when asked about an incident at work. I did come clean within 30 minutes because I'm not ordinarily a decietful person and it really bothered. The result was I received a reprimand for deceptive conduct. It was the only reprimand, oral or written, I have ever received. I am including the incident on my sf 86 but I wondered if you could tell me if this will prevent my getting an interim or actual top secret clearance.

MS BD (Washington) on December 18, 2009 at 6:55pm


	I was denied a secret clearance for my current position because of financial problems. I have filed a chapter 13 and have my bills paid through court. I was offered a position at VA hospital that requires a MBI clearance and I had to fill out a SF85P. Do you think I will have any problems passing there background investigation?

Lynn (San Diego) on December 18, 2009 at 11:40am


	Thank you very much MR Henderson It seems I wasn't aware that my employers going back 3yrs, finances and education 7 yrs, and that 2 of the 3 references were contacted after my interview with the SI before I was granted my final clearance. The job is a MRPT but requires daily access to NCS material so an LBI was also done . The employer of the HRPT position let me know that the only thing needed for them would be a BI going back another 5 years on friends, neighbors, foreign influence, employers, etc. which they would initiate with an offer. Thanks Again

Confused no more (Michigan) on December 17, 2009 at 10:28pm


	Mr. Henderson I want to thank you for your patience in answering my questions. I did have an interview, where the investigator went through SF86 and some additional questions. He knew that I had interim clearance. I will be reporting to duty soon and eagerly looking forward to serving. Your kind effort has been helpful to me, as it had been/will be helpful to many others. Thank you.

Roger (MI) on December 17, 2009 at 5:09pm


	I was just recently denied suitability to work on a DHS contract althought I have been working there for the past five years. I was denied under financial responsibility. I have been extremely delinquent with paying my bills and also had a foreclosure. My question is; was this a permenant decision by DHS or can I apply for DHS federal contract positions if my credit scores increases and I am able to improve my financial status at a later date. And if so is there a waiting period before I can apply for DHS contract positions. Thanks

Ricky Anand (Virginia) on December 16, 2009 at 10:58am


	Mr.Henderson thank you for the wonderful blog, if it is not too much can you answer this part of exert for me: "The reason your investigation was stopped is because DISCO found an investigation on you that was already completed by OPM. We cannot process another investigation for you. The investigation already in progress has to be adjudicated and transferred." I had a PTS (85P) from FAA i believe it was for moderate risks, all my personal references was interviewed m including me; I don't know it was MBI or LBI; I had a offer from TSA and recently this what I got for the contracting farm's FSO; she told TSA is going to use info from PTS, so my questions are (1) what they are going to do with SF86 information? (2) I have a one big problem with PTS info(work history) and sf 86 info, for PTS i named the employer info but forget the name of the contracting farm, my employee verified that i was a self employed contractor, but in SF 86 I put the information about my main contracting farm as a sole employer but not the physical place i worked, I was not thinking that mush at that time though and I did not much help from the farm regarding filling PTS 85p form. some time i used to work from home, some time at the clients site how can i incorporate with the person interviewing me for SF 86, and I forget to disclose information about 2001 t0 2003 (employee) it was part time IT job in DC while I was a full time student in NY my college professor can varify that and so the manager for the farm. I was mostly working from home, and some time stayed at friend�s home in DC which was verified in PTS. So my concern is how i can take care of this problem information in PTS an SF86. My background in term of criminal is clean, financial. I had few late payments, one delinquents which was paid, and for foreign influence i keep in touch with my grandmother and uncle by phone in Bangladesh, and aunty in London, they are citizen of Bangladesh and Britain. US has a good relationship with Bangladesh. So what are my chances to get secret clearance? Thank you so much.

TC (new york) on December 15, 2009 at 11:50pm


	Roger: If you are being considered for a Top Secret clearance, a Personal Subject Interview (PRSI) by an investigator is a standard component of the investigation (Single Scope Background Investigation). A PRSI is not a component of an investigation (NACLC or ANACI) for a Confidential or Secret clearance. When a potential security/suitability issue exists, a Special Interview (SPIN) of the applicant is conducted by an investigator. A SPIN can be added to any type of investigation. A SPIN focuses only the existing security/suitability issue; whereas a PRSI covers everything on the SF86 plus a few other questions. If required, SPINs and PRSIs are almost always conducted after an interim Secret clearance is granted, but they can occur before or after an interim Top Secret clearance is granted.

William Henderson (Pacific Grove, CA) on December 13, 2009 at 8:13pm


	Slightly confused: You do not have a national security clearance. National security clearance investigations are based on an SF86. Investigations conducted based on an SF85P can not be used as the basis for granting a national security clearance. Most Moderate-Risk Public Trust (PT) positions are based on an SF85P and a Minimum Background Investigation (MBI) or a Limited Background Investigation (LBI). Most High-Risk PT positions are based on an SF85P (or an SF85P plus an SF85PS) and an LBI or a Background Investigation (BI). If no references were interviewed in person (only letter inquiries), you probably had an MBI. An employer must nominate you for a position designated as High-Risk PT before the government will conduct the necessary investigation. If you are nominated for such a position, you may be required to submit a new SF85P (and possibly an SF85PS) and a new LBI or BI will be conducted. OPM has something called a BGI. It is an investigative product designed to upgrade a recent LBI to a BI. Other agencies may have similar limited investigations.

William Henderson (Pacific Grove, CA) on December 13, 2009 at 7:39pm


	NerousinMaine: Your �disorderly conduct/disturbing the peace� offense should be evaluated under the �Criminal Conduct� guideline of the Adjudicative Guidelines. Absent any aggravating or complication factors, a single misdemeanor offense is not normally a potentially disqualifying condition under this guideline. For more information I recommend my 2-part article on Criminal Conduct. One part is posted at http://www.clearancejobs.com/cleared-news/72/efffect-of-criminal-conduct-on-security-clearances and has a link to the 2nd part.

William Henderson (Pacific Grove, CA) on December 13, 2009 at 7:19pm


	I had a security clearance revoked in army they said I lied about paying my bills. I was young and stupid but did not lie. That has been almost six years ago had bankruptcy and divorce. All these last 10 years I have been in Army Afghan and Iraq. I am getting out and need a naci clearance. Will I be eligible? I have never had and criminal nothing. A couple of traffic tickets beside this. Can I get this fixed? Thank you.

dr (kentucky) on December 13, 2009 at 1:58pm


	Mr.Henderson, I started working for a Federal Contractor in June 2004 and received my SSBI clearance in Sept 2004. In August 2008 I applied to CBP for a position as an officer. I was offered the position tentatively until my background investigator found a letter of reprimand in my personnel folder from a previous manager over a work incident for which she was terminated a little while after. I raised my voice to her and she made me out to be 'beligerant' as she described in the written reprimand. Last month - two years after the incident - my Treasury clearance I obtained in Sept 04 with my employer was revoked because I was found unsuitable for the position of Customs officer last year. Consequently my employer had to lay me off. I am now applying for another contractor position where a Treasury clearance is required. I have no other issues in my background and great credit as well as Letters of Recommendation from my previous Manager and Supervisor from my most recent job Is there a time frame I have to wait before I apply for another position that requires a Treasury clearance? If I apply now, do I stand a decent chance of getting my Treasury clearance back? Thank you Mr.Henerson for all your advise

JohnF (California) on December 12, 2009 at 3:39pm


	Mr. Henderson, Thank you for your thoughtful response. I'm sorry that I was not more clear regarding the type of clearance. I was required to apply for a secret security clearance (SF 86, electronic version, I believe). I was told the clearance would take a while but HR would submit the paperwork to OPM for some kind of interim clearance while the secret was being processed. You addressed three of my concerns (counseling, foreighn spouse, late payment) but I was hoping that you could comment on the disturbing the peace violation I described in the earlier post. Basically, I was given a ticket for disorderly for urinating outside of a train station late at night, it was reduced to disturbing the peace and I paid a fine of $350. Could that type of violation be a problem? (I have never had any other legal issues in the past). Thanks.

NervousinMaine (Maine) on December 10, 2009 at 10:21pm


	Mr. Henderson Thank you for providing some insight for the questions I asked before. I now have an interim clearance and a starting day for a federal agency. Meanwhile, the security clearance process (full) is being conducted by OPM. I just heard from an investigator working for OPM for an interview to go the application (SF86) that I submitted. Is this routine process? I thought that if I did not have an interview before the interim clearance, I may not have any after the interim clearance is granted. I understand that OPM and the agency security office have two parallel processes. You had indicated that if the interim clearance is granted the final clearance is "almost never" denied, unless new things crop up. In any case, I have decided to join the agency very soon with the interim clearance. Because I do not have any issues to worry about, I hope all will be well. I am a naturalized citizen.

Roger (MI) on December 10, 2009 at 8:30pm


	I received my final adjudication for a moderate public trust position as a contractor for the DoS involving sensitive but unclassified material, after filling out the sf85p, equip, and meeting with an investigator. My question is that I am interested in advancing to a high risk trust position and wondered 2 things. First is whether I have a security clearance at my current level? With the 2nd being is there anything I would need to do before applying for the high risk position since the sf85p form going back 7years is used for both positions. As far as I know none of my references were contacted that were listed on the form I submitted a few months ago since I figured they would have contacted me about it.

slightly confused (Michigan) on December 9, 2009 at 3:57pm


	NervousinMaine: I can�t figure out the sensitivity level of the position you are applying for. All applicants for federal employment must fill out an OF306. Depending on the sensitivity level of the position an SF85, SF85P, SF85P + SF85PS, or SF86 are required. None of the forms ask about paid accounts that were previously less 180 days delinquent. Only the SF86 and SF85PS have questions regarding mental health, but both forms specifically exclude marital counseling. A foreign national spouse is only an issue for a national security clearance. It is not an issue for an employment suitability determination, even if it�s for a High-Risk Public Trust position. There�s little you can do to improve your chance of getting an interim national security clearance if your spouse is a foreign national. That does not mean that your Japanese spouse will definitely make you ineligible for an interim clearance. With that said, the most likely problem for receiving an interim clearance is the mental health counseling. Ask your mental health counselor for a letter (on his/her letterhead stationary) stating that you do not have a �condition or treatment that could impair your judgment or reliability, particularly in the context of safeguarding classified national security information or special nuclear information or material.� If the position does not require a national security clearance (i.e. confidential, secret, or top secret), the last part of the sentence is unnecessary. In the letter have the counselor state that he/she is willing to answer any questions regarding your treatment, diagnosis, and prognosis with any government official by telephone, fax, mail, or in person (include address and phone numbers). If your counselor is willing, have him/her include information in the letter about dates of treatment, medications (or that no medication was prescribed or recommended), diagnosis, prognosis, and referrals. Submit the letter to the security office that initiated your clearance paperwork. Fill out any medical information release form that your counselor uses and have a copy of the release placed in your record at the counselor's office. I assume you completed an �Authorization for Release of Medical Information� as part of your application for the government (last page of the SF86 or SF85P). I can�t guarantee that the letter will help at this stage, but it might.

William Henderson (Pacific Grove, CA) on December 8, 2009 at 8:14pm


	Mr. Henderson, I am nervously awaiting a suitability clearance for a job with the PHS Commissioned Corps for the DOD behavioral health partnership that is scheduled to start at the beginning of the year. I have already visited the site (Fort Bragg, NC) and my potential future supervisor is awaiting my arrival. I have also given my notice at work and put a deposit on a house in NC. I was told several weeks ago that my orders would be issued before now, provided I clear the suitability/interim security requirements. I didn't expect that to be a problem. However, there are a couple of minor issues in my file that I disclosed that they are looking at closer: 1.) On July 4, 2008, I was given a citation for disorderly conduct which was reduced to disturbing the peace. I had urinated outside of a train station late at night after drinking with a friend. I paid a fine of $350 and the matter was closed. I have never had any other infractions (except for a couple of speeding tickets) prior to or after the July 4 incident. I do not have a history of alcohol related offenses and this is not reflective of my character. 2.) I had brief mental health counseling in the past 5 years for issues related to my marriage. 3.) My wife is a Japanese national (she is a permanent resident (green card). 4.) I was 120 days delinquent on a credit charge in 2006. We had moved and I forgot to provide a forwarding address to a department store card. I paid the bill and my credit history is otherwise excellent and I have a high credit score. Which, if any, of those could jeopardize my chances of an interim clearance? Is there any way I can increase my chances of a favorable outcome?

NervousinMaine (Maine) on December 5, 2009 at 8:41am


	Charly: Unless there is more to your relationship with your wife�s friends than you indicated, it�s doubtful that the situation you describe would be considered a potentially disqualifying condition under the Foreign Influence criterion of the Adjudicative Guidelines. To be a potentially disqualifying condition the contact/relationship would have to create a �heightened risk of foreign exploitation, inducement, manipulation, pressure, or coercion.� Whether or not a heightened risk exists depend on both the identity of the foreign country and the existence of a significant bond of affection, influence or obligation.

William Henderson (Pacific Grove, CA) on December 3, 2009 at 2:47pm


	We are planning a trip to Europe. My wife has some childhood friends who are living in Munich, Germany she'd like to visit. They have invited our family to stay with them. I am worried if we do that if we do that it might be considered a disqualifying factor under Foreign Influence category when my clearance comes up for review. Would it be more prudent to stay at a hotel there?

Charly (Massachusetts) on December 3, 2009 at 12:47pm


	Corey: It is standard procedure during the Personal Subject Interview (PRSI) for an investigator to limit his/her questions to the timeframes specified by the questions on the application form, unless there is specific justification to explore earlier conduct. If there have been no alcohol-related incidents or suspected alcohol-related problems in the past 10 years, I don�t believe there would be justification to question you about alcohol-related incidents that occurred more than 10 years ago. Excessive absenteeism or tardiness at work is an example of a suspected alcohol-related problem. For a standard MBI only the PRSI and possibly some police/court records checks are conducted by a field investigator. All other standard investigative components of an MBI are completed by letter inquiries and computer checks

William Henderson (Pacific Grove, CA) on December 1, 2009 at 8:09pm


	Mr. Henderson, I am a former federal civilian employee and am considering reapplying for federal employment. The position I'm looking at is a public trust position requiring a MBI investigation (SF85p) and a personal interview with an investigator. I have 3 alcohol-related incidents on my record that are over 10 years old, the last which occurred while I was a federal employee. There was no disciplinary action as I left federal employment for private sector. One of the incidents was listed on my original OF306 as it applied to the questions on that form. My question is, when I fill out the OF306 and SF85p and have no derogatory information to report during the last 10 years, is the investigator required to go outside the 10 year scope due to the incident on my original OF306, which is about 19 years old, or should those past incidents no longer be a factor due to the time that has passed? Thanks for your time, sir.

Corey (WI) on November 27, 2009 at 12:00pm


	Mike: If you submitted an SF85P and underwent a BI (as opposed to a MBI or LBI), the position you were cleared for was a High-Risk Public Trust position. Unfortunately BIs based on an SF85P do not meet the requirements for a national security clearance at any level. BIs based on an SF86 can be readjudicated for Secret clearance eligibility, but not Top Secret.

William Henderson (Pacific Grove, CA) on November 25, 2009 at 9:07pm


	I recently received an adjudicated CBP suitability BI. Most application for DOD and contractors do not list this type of clearance choice on application. How easy is this to convert to TS?

Mike (Virginia) on November 24, 2009 at 5:38pm


	Dave: You can submit a Privacy Act request to the CIA and get a copy of your background investigation. It won't tell you exactly why you were found unsuitable, but the investigative reports should give you a good indication as to why. Usually if any serious derogatory information surfaces during an investigation, the applicant is given an opportunity to deny the allegation or to admit and explain it. Most people know why they are found unsuitable from the questions they are asked during a security interview.

William Henderson (Pacific Grove, CA) on November 24, 2009 at 12:05am


	Alex: Secret clearance in 2005? I thought you said you received an interim TS/SCI seven years ago. Please explain.

William Henderson (Pacific Grove, CA) on November 23, 2009 at 11:59pm


	Alex: I doubt that everything just disappeared. You should have a JPAS record. The record should show your status as �Loss of Jurisdiction.� In the history portion of your record there should be notations for your prior NACLC and your prior secret clearance, as well as your SSBI. If you had your PRSI and poly in May, why do you say that your �life and career has been on hold since 03/09?�

William Henderson (Pacific Grove, CA) on November 23, 2009 at 11:54pm


	Dear Mr. Henderson Thank you so very much for spending your personal time to answer my request twice. I had a Personal Subject Interview and a CI Poly last May. My case was closed while I was still employed but no action was taken. Three months later every thing just disappeared. My question is if I was dropped from getting a TS, why doesn't my lower clearance (secret) shows since it was granted and closed in 2005. Thank you again Alex

Alex (Michigan) on November 22, 2009 at 9:04am


	After eons in processing, I received a letter today from CIA saying I was deemed unsuitable for employment. The letter stated no reason and said that I was not entitled to any sort of appeal. Do I have any recourse to find out why I was deemed unsuitable, or am I just being hung out to dry?

Dave (Chicago) on November 19, 2009 at 4:45pm


	Thadius: The adjudicative criteria for a TS clearance is exactly the same as the adjudicative criteria for a Secret or Confidential clearance--only the investigations are different. If a person can not be trusted with TS information, they can not be trusted with any level of classified information. If the same adjudicative agency is involved for both your Secret and your Top Secret clearance, yes your Secret clearance will be revoked. If another agency adjudicates and denies your TS clearance, the fact that you were denied the TS clearance will be communicated to the agency that granted your Secret clearance and there is a strong possibility that your Secret clearance will be revoked after that agency reviews the investigation that resulted in your TS clearance denial.

William Henderson (Pacific Grove, CA) on November 17, 2009 at 7:58pm


	Mark: A traffic offense is a criminal offense. Furthermore, the OF 306 asks for information about felonies, misdemeanors, and all other offenses that occurred within 10 years. Bill L. is a former DoD adjudicator. DoD uses the same adjudicative criteria for security clearances and public trust determinations. Aside from DISCO/DOHA, most of the DoD adjudicative facilities have previously had very limited exposure to public trust cases. I�m a former investigator. What I know about adjudication is based on limited feedback regarding people I investigated and from reading hundreds of cases at the DOHA website, more than 95% of which were for security clearances. I agree with Bill L. Having 3 alcohol-related offenses is a serious security/suitability concern; however, because they occurred over a period of 15 years, they don�t present strong evidence of a pattern of alcohol abuse, and therefore not strongly predictive of future conduct. They show poor judgment and to a certain extent a pattern of law violation. If I were an adjudicator I would want to know what your friends, neighbors and associates think about your drinking habits. I would also want to know from you how much and how often you have consumed alcohol during the past 15 years. If you disclose a drinking problem or other people think you have a drinking problem, your chance of keeping your public trust position will diminish greatly. You need to show that you have truly learned from your mistakes and are taking positive action to correct your problem. If you haven�t done so already, I suggest you contact your companies �Employee Assistance Program� and do whatever the counselor recommends. Adjudicators like people who acknowledge a problem, accept responsibility for it, and take corrective action, particularly corrective action recommended by a professional counselor. There is no overarching federal rule regarding self-reporting of derogatory information for a person who holds a public trust position. You will have to ask your security manager about your agency�s rules. If you honestly made a mistake on your prior OF 306, then when the time comes you will have to explain why the mistake occurred. Usually plausible reasons for making a mistake are accepted without becoming a major issue. There is no �typical� response for being found unsuitable for a public trust position; however, I�ve never heard of disciplinary action as a response. People are either moved to other positions or they are terminated. If you hold a federal �competitive� service position, you have certain �due process� and appeal rights before adverse action can be taken against you. Some agencies have extended these rights to �excepted� service and contractor personnel.

William Henderson (Pacific Grove, CA) on November 17, 2009 at 7:49pm


	Alex: Your case was dropped by the Army Central Clearance Facility (ACCF) because you terminated your employment at the Army contractor before they completed the final adjudication of your investigation. Your investigation sat unadjudicated for the entire time you were in a war zone because the investigation was probably never fully completed. I suspect that a Personal Subject Interview (PRSI) or Special Interview (SPIN) was needed to complete the investigation properly, but because you were in a war zone, and therefore unavailable for interview, the PRSI or SPIN was never conducted. As soon as you terminated employment with the Army contractor, ACCF lost jurisdiction over your case. This is normal, because you were no longer in a position that required a security clearance from ACCF. SORs are only issued by an adjudicative facility when they intend to deny or revoke a clearance. DISCO was not involved in adjudicating your case because they don�t adjudicate for SCI. Your case originally went to DISCO, then from DISCO to OPM, then from OPM back to DISCO, and from DISCO to ACCF, where it sat until they lost jurisdiction because of your employment termination. At this point your prior unadjudicated SSBI is over 5 years old and of no value. If you want to seek employment that requires a security clearance you will have to start from scratch. Having a �Loss of Jurisdiction� entered in the status field of your JPAS investigation/clearance record is neither positive nor negative.

William Henderson (Pacific Grove, CA) on November 17, 2009 at 7:01pm


	Mr. Henderson, i currently have a secret clearance but am wanting to get a TS clearance. If i am denied a TS clearance would that take away my secret clearance?

Thadius C Bolton (Garner North Carolina) on November 17, 2009 at 3:13pm


	Mr. Henderson, Further below is a post by me and a response from Bill L. I wanted to pose my question to you since you may have more familiarity with Public Trust/IT determinations. One thing I need to add is that I just found out my driver's license has been suspended for 2 years. I have been approved to get an occupational driver's license. The DWAI (reduced from DWI) in 1994 was not disclosed on my original OF306 in 2002 because I believe a DWAI is considered a traffic offense (rather than criminal) and my fine was less than $100. I'm concerned if this will be an issue when I disclose it on my next investigation, which will require another OF306 and a SF85p (the first I'll have to complete for this position even though I've held the position for almost 8 years). If my investigation, which shouldn't come due for another 5-7 years, finds me unsuitable does the agency typically terminate the employee or opt for other disciplinary actions (demotion, etc.)? For my current charges, if either the DWI or Failure to Stop and Give Information are dismissed do I still report them? If either are reduced do I report the reduced conviction or what the original arrest was for (the higher charge)? I know this is a long post, but currently have another job offer in the private sector. I hate to lose all my years of service (16 including military) and the retirement benefits that I would have if I was able to keep my federal position. Please give me your thoughts. Thank you very much. BILL L.'s REPLY Mark (TX), In my opinion, if you comply with all requirements of the court and continue your efforts at alcohol consumption control/reduction, you may be okay. However, I am not well-experienced in Public Trust/IT determinations. If your agency sees your skills as good assets to the organization and there are no other issues, you may be good to go. MY POST Bill L., thank you for all your advice...greatly appreciated. One thing I forgot to mention is that in this latest DWI and Failure To Stop and Give Information, I also refused a breath test. I need to know your honest opinion, this recent incident (June 2009 - DWI/Failure to stop and give info) along with the DWI in Jan 2000 and the DWI in 1994 (reduced to DWAI) is there really any chance of me keeping my current Public Trust, Information Technology position when my reinvestigation comes around? My job performance evaluations have always been above average and my current supervisor would hate to lose me. I have a wife and two young boys who depend on me and I need to know if I should start pursuing private sector employment. Thanks again Bill, I hope you enjoy your weekend.

Mark (TX) on November 17, 2009 at 2:44pm


	Mr. Henderson, My previous employer was an Army contractor. I am not employed at the moment. Thank you Mr. Henderson Alex

Alex (Michigan) on November 17, 2009 at 8:30am


	Roger: 1. No. 2. No two agencies do things exactly the same way. 3. Almost none, unless unfavorable suitability information surfaces during the investigation that was not listed or fully explained on the SF86.

William Henderson (Pacific Grove, CA) on November 16, 2009 at 9:16pm


	Thank you for some valuable advice provided couple of months ago. I am undergoing security clearance for a federal agency. I sent the forms through e-QIP four weeks ago. I have completed drug testing couple of weeks ago. The HR dept. told me that if further information is needed by the security office I will be contacted. I was contacted to answer few additional questions regarding couple of related foreign nationals. Very simple questions - all my answers were negative. The contact from Security office told me the information is sufficient. My questions are: 1) Will I be informed whether I am eligible for interim clearance before actually providing it? 2) The additional information I was asked was for Question 19. Is additional information sought as the specialist is reviewing the application or after the entire application is reviewed? 3) What are the chances of not getting full clearance after an interim clearance is given? I want to consider all risks involved before joining the agency. Thank you very much.

Roger (MI) on November 14, 2009 at 10:58am


	Alex: Who was your previous employer, the Dept of Army or an Army contractor? Are you still employed by the Army or a DoD contractor in a position that requires a clearance?

William Henderson (Pacific Grove, CA) on November 14, 2009 at 10:19am


	I have a question about Public Trust Clearances, I was termed from the company that held the contract because the previous company I worked for said I had been termed. However, because I was able to collect unemployment from day 1 and going by Project Manager recommendations I put on the SP85 application that I hadn't been terminated from any job in the last 5 years. When I provided the paperwork and all info to the Security Officer she said things looked favorable but the owner company holding the contract was mad and termed me. I've contacted the Security Officer recently and she said all my paperwork was shredded because I was no longer at the VA. (The company also stated that I was termed because I accessed confidential information) however, that was not the reason on my termed letter. At this last job I was there for 6 weeks when I decided to leave however, my manager beat me to the punch line and as we were in his office, and the HR Manager walked by he called her in and told her to get rid of me because he couldn't deal with me anymore. To say the least the HR Manager has told me that she cannot say why I left the company that the only information she will provide is dates of employment and salary, however, if a background check is done for this type of clearance is she required to disclose the reason? Anyway, now recruiters are contacting me about jobs that require a Public Trust Clearance. Should I disclose to them what happened with TST? I did just now with one company and she said she was going to check with their Security Office and get back to me. Now I have another position that is a subcontractor to the US Senate and I just found out that it also need a Public Trust Clearance, however, I was told that they would do a 5 year criminal background check, drug test, and credit check. Nothing mentioned about employment history. So do they do different checks for Public Trust clearances based on the agency you are working for? I have friends that have had security clearances for a while and some tell me not to disclose this information and just disclose it when I fill out the SP85 application. Others say I should just say everything upfront.

AMN (WV) on November 14, 2009 at 1:27am


	Mr. Henderson, I have been working as a linguist for US Army for the past 7 years with Interim TS/SCI. During my 7 years deployment in the war zone, I thought by the time I get home I would find my investigation completed and my TS clearance is adjudicated, instead I came home only to found out that my TS adjudication has been dropped with no explanation. I waited for a letter of Reason (SOR) to inform me why I have been dropped. I wrote Disco three time and until now have gotten no answer. I do have a copy of my background investigation from OPM and INSCOM. I do not know where to go from here. My life and career has been on hold since 03/09. I have talked to several lawyers but said I need a letter of reason (SOR) which I never got. Please advise what action you recommend.

Alex (Michigan) on November 12, 2009 at 11:41am


	I just got my EOD today... guess the issues are not sufficient to be deemed unsuitable.

wrzne (il) on October 26, 2009 at 3:32pm


	Hi I have Job which needed Secret clearance I joined based on the Interim security clearance after filling SF86 (No history of any sort except I am a naturalized citizen) Its a been a month and I feel the Environment is not to my liking so took another interview and got an offer .Would it leave any bad remark on my history for future security clearances? I have a week to respond to the new offer to accept which does not need a security clearance except be a US citizen Comments plz

Kum (Wash dc) on October 25, 2009 at 7:33pm


	Ive not had much experience related to the security check process. Ive recently had an interview that included a full medical check, job interview by a panel of three and told i was going to be recommended for employment. The SP85P i filled out had no criminal charges etc, I listed my bankruptcy in 06 and i currently am climbing the good credit ladder. NO credit cards just a truck payment and a small secured loan at the bank. I had some IRS dealings back and forth but I believe its corrected. That dept is just so screwed up. Don't do drugs never been convicted of a felony etc. The check is an O2B, risk level 5. If the IRS shows missing a tax return or owing something i don't know about am i going to miss this job opportunity? Its for a contractor working in Afghanistan that has a very high salary due to risk. It serves my welding abilities. What do you think? regards wmikal

wmikal (TX) on October 25, 2009 at 12:22pm


	I am in the process of a NACI, non-sensitive low risk. Over 2 years ago I was arrested for DUI, Implied Consent Violation, Possession of Marijuana, and Poss of Paraphernalia. All charges were dismissed as the marijuana was not mine and the person took responsibility, and the rest were dismissed because they had me on video begging for a breath test and I was obviously not impaired. Furthermore the officer failed to show up to court three times. I also quit two jobs with no notice (also over 2 years ago) for good reason, one was because the boss did not pay me for 36 hours of overtime and refused to correct the problem and the second was due to a family emergency and horrid manager who failed to provide me health insurance as he promised after 6 months of being on the job. With these issues affect my suitability determination? None of the positions i quit are related to my current tenative offer. Thanks in advance!

wrzne (IL) on October 23, 2009 at 9:41am


	I have been a contractor at DHS for almost 4.5 years now. I have a secret clearance and I just was arrested for a DWI a few days ago. I am in the process of reporting the incident through my FSO. I have nothing else negative anywhere on my record and have an excellent reputation with my client. Is it your experience that I will be removed from the contract?

ben jones on October 14, 2009 at 12:52pm


	My name is Alex K. I have been working as a linguist for US Army for the past 7 years with Interim TS/SCI. During my 7 years deployment in the war zone, I thought by the time i get home I would find my investigation completed and my TS clearance is adjudicated, instead i cane home and found out that my TS adjudication has been dropped with no explanation. I waited for a letter of Reason (SOR) to inform me why I have been dropped. I wrote Disco three time and until now have gotten no answer. I do have a copy of my background investigation from OPM and INSCOM. I do not know where to go from here. My life and career has been on hold since 03/09. I have talked to several lawyers but said I need a letter of reason (SOR) which I never got. Please advise what action you recommend. Thank you so very much. Alex Kalani

Alex (Michigan) on October 13, 2009 at 2:53pm


	Mr. Henderson, I am a contractor with an intelligence agency currently in a situation being investigated by the OIG. I have posted details of the investigation on another website. For the sake of not having to retype the entitre situation, could you please have a look at my posting on Federalsoup.com. The address to my posting is: http://community.federalsoup.com/4/OpenTopic?a=frm&s=4944011921&f=8671088191 I believe that I will come out of this situation with my clearance reinstated, however, my company is only giving me until 16 October to have this all resolved or I will be let go, so I am concerned that I will fall into a Loss of Jurisdiction situation if this isn't resolved this week. Any help you can offer would be greatly appreciated.

fed2contractor (Virginia) on October 11, 2009 at 5:46pm


	As a federal contract guard will informal probation for a DUI be an auto disqualification? I have been working on the contrat for 4 years now and I got a DUI.

jd (CA) on October 10, 2009 at 3:38am


	Situation: Was recently fired from company after 18 years - 3 months ago. Charged 2 personal items to company expense account to get vendor discount. I paid for items when asked about when the bill came in. I was terminated for violation of zero tolerance policy on personal expenses. I am deeply regretful and take personal responsibility for my actions. I have sought counseling from church, employee assistance program, family and friends. I have joined church-based support group and have volunteered with local group raising funds for sports teams. This has had drastic and life altering impact on my life. Trying to get second chance opportunity with either the government or contractor. No other issues, no record, nearly perfect attendance, high evaluation scores, etc. Just 1 recent issue - total lapse of judgment. Is there any chance of obtaining public trust clearance?

Help/Guidance (Oregon) on October 6, 2009 at 3:55pm


	Mr. Henderson, That is very helpful thank you so much. I will call the IRS and see what they recommend.

Michael M (DC) on October 1, 2009 at 10:31pm


	Michael M: Call the IRS or research it on their website. Alternatively you can ask a tax attorney or CPA. Generally adjudicators don't regarding this type of situation as significant if the applicant has taken steps to correct their mistake. Many young people return home from college during the summer and earn several hundred to a few thousand dollars involved in what I call �informal employment," like lawn maintenance. For the most part investigators and adjudicators are primarily interested in how they spent their time during the summer. I�ve never hear of a young person�s failure to list this type of income on their federal tax return becoming an issue for a security clearance. I don�t know what your particular circumstances were, so I can only offer this type of example. There�s a retired personnel security adjudicator that answers questions from time to time (Bill L. (Annapolis, MD)). He may be able to give you a definitive answer. His last post was on 29 September under the article, �Alcohol Consumption and Security Clearances. Try reposting your question there and address it to him.

William Henderson (Pacific Grove, CA) on September 30, 2009 at 8:50pm


	I just turned in my SF-86 and in the process of the filling out the form became nervous about prior employment/volunteer activities. I coached my niece's girls soccer team on the weekends and the team gave me a couple thousand dollars in cash for the season. I did not report this as self-employment income on my taxes but felt obligated to list it on my SF-86. Should I contact the IRS and inquire if this is taxable income and explain the situation to the interviewer? How will this effect my TS clearance? Thanks.

Michael M (DC) on September 29, 2009 at 12:11am


	JD: DOD uses the same Adjudicative Guidelines for security clearance and public trust determination. I believe DHS used 5 CFR 731.202. Neither has changed for a few years. As I explained in the article, agencies have the authority to create job-specific employment suitability criterion (i.e. near-zero tolerance for drugs for FBI and DEA agent applicants). I�ve never seen a list of DHS job-specific criteria, but I know some exist. Likewise I don�t know whether any job-specific criteria have been added or changed recently. I wouldn�t place too much importance on what a field investigator says about your chance of getting a favorable determination. The investigators work for a contractor and do not receive information about the outcome of the cases they work on, except on the rare occasion when they run into someone they investigated who was denied a position. If you are denied a public trust position by one agency, you may apply for a security clearance and/or public trust position at any other federal agency at any time. You are not required to list the denial of a public trust position on an SF86 or SF85P, but you are required to list the investigation.

William Henderson (Pacific Grove, CA) on September 21, 2009 at 10:23pm


	Dave: I think you misread my article. In paragraph 4 it says: �Most Intelligence Community (IC) agency jobs . . .are �excepted service� positions. Consequently if an agency withdraws a job offer for an excepted service position due to employment suitability reasons, they generally only inform you that you were found to be unsuitable for the position without providing any specific reasons.� It�s possible that the agency was processing other applicants for the same position, and one of the other applicants received a favorable security clearance adjudication before you did.

William Henderson (Pacific Grove, CA) on September 21, 2009 at 10:01pm


	Dan: I don�t know what your chances are. As indicated in the article, agencies are authorized to create job-specific employment suitability criterion (i.e. you can�t become an IRS agent if you have ever violated income tax law).

William Henderson (Pacific Grove, CA) on September 21, 2009 at 9:54pm


	Mr. Henderson, I am in process with DHS-ICE for a suitability investigation (Level 5 Public Trust). The investigator told me last week that though he had not completely delved into my file, I was "on the fence, leaning towards no" in terms of a favorable determination. This is due to 2 misdemeanor convictions from 2006 (from the same day - DUI and lying to an officer about it), which I explained in a letter (no interview), provided evidence of rehabilitation, etc. (which is true) and I have never been in trouble before or since. Question 1, he mentioned "the way things have been going" as a reason I might be denied - do you know of any recent mandates at DHS or elsewhere that would be a reason for this? For example, has DHS/DOD/etc. recently put out a new list of guidelines or offenses that hurt a suitability determination more than others? Question 2, if I am denied, am I able to get a different position with a different agency requiring a clearance/suitability check, or is there a certain timeframe I have to wait after an unfavorable determination? Thanks in advance for any help/guidance. Sincerely, JD

JD (WV) on September 21, 2009 at 12:39pm


	Mr. Henderson, I was offered a COE from a federal agency. I had three polygraphs, a pysch test/eval and a background investigation. Three weeks after the third polygraph I received a letter stating that they were unable to give further consideration to my application. During the third polygraph I was given the impression I was doing well. After leaving the third polygraph I really thought I was going to be approved and I was stunned to receive the letter mentioned above. After reading your article above it sounds like I should have been told why my pre-employment process was terminated. Can you comment on what you think may have happened? I want to thank you in advance for taking time to answer. Dave

Dave (Maryland) on September 21, 2009 at 10:27am


	Mr Henderson, I have been offered a job with a federal agency I worked with for 15 years and had left 5 years ago. Even though I wasn't fired by the agency, I was charged by their IG department because of a call to the fraud, waste and abuse hotline. I had to go to court for the charge and ended up pleding guilty to a misdomeanor. I left the agency but not becuase I was told I was going to be fired. I am highly trained by that agency and I was offered the job without an interview. I already hold a clearance higher than what the agency requires because I currently work for a government contractor. My question is - What are my chances of getting this job? I have already spoke with the security office and they said they would review the SF86 I submitted and the SF-306. Thanks, Dan

Curious (Sanford FL) on September 20, 2009 at 10:45am


	Mark: I don't know what affect supervised probation will have on an employment suitability determination. Employment suitability criteria are very broadly worded and do not include any specific examples of disqualifying conduct. Because of this, decisions based on the same set of facts probably vary widely from one agency to another--like the different sentences handed out by different judges in different jurisdications for exactly the same offense.

William Henderson (Pacific Grove, CA) on September 18, 2009 at 6:47pm


	What if the probation is supervised? That is likely what I will get. Thank you.

Mark (TX) on September 17, 2009 at 9:25am


	Mark: For a national security clearance currently being on probation/parole is a potentially disqualifying condition; however, unsupervised probation generally will not result in a security clearance denial. There are no employment suitability criteria that specifically address probation or parole. My best guess is that unsupervised probation as a result of a DUI conviction would not be a significant factor in an employment suitability determination.

William Henderson (Pacific Grove, CA) on September 16, 2009 at 7:52pm


	Sorry Mr. Henderson, I meant to say PROBATION instead of PAROLE. Thank you for your reply, Mr. Henderson. Can you tell me if getting a favorable adjudication is even possible if a person is on probation. Thanks

Mark (TX) on September 16, 2009 at 9:24am


	Thank you for your reply, Mr. Henderson. Can you tell me if getting a favorable adjudication is even possible if a person is on parole. Thanks

Mark (TX) on September 16, 2009 at 9:23am


	JC: I assume you were previously granted a security clearance. If you didn�t self-report the domestic violence offense when it occurred and the financial problems when they occurred, the LOI will probably also list your failure to report the information as required by DoD 5200.2-R. As you are probably aware, if they revoke your clearance, a bar to reenlistment will be placed in your file. A dismissed domestic violence charge from 7 years ago probably isn�t very significant anymore, but no one can tell you if you have a chance of retaining your clearance based on your statement that you �have had some major credit issues to include a bankruptcy.� If you have not previously had an opportunity to explain your financial problems to a security clearance investigator, your bankruptcy occurred 2 or more years ago, and you have not been delinquent on any debts since your bankruptcy, you should provide more information and I try to answer your question. You can also read over my 3-part article on �Personal Finances and Security Clearance� posted on this website. Otherwise I strongly recommend you contact an attorney who specializes in security clearance cases as soon as you receive your LOI.

William Henderson (Pacific Grove, CA) on September 14, 2009 at 9:04pm


	Mark: Adjudicators generally do not have a preference for how you go about correcting your behavior. They will judge you based on your past conduct and the degree of success you achieve in controlling your use of alcohol. The court may have you go to some formal counseling program. Do whatever the court requires. All aspects of the federal government's Personnel Security Program (PSP) are changing right now. A totally new PSP will probably be in place by summer 2010. I wouldn't count on a 5 year grace period before you have to submit an SF85P.

William Henderson (Pacific Grove, CA) on September 14, 2009 at 8:40pm


	Mr. Henderson, I have 3 DWIs since 1994. The first DWI in April, 1994 was reduced to DWAI. I got my second in Jan, 2000 and my third in June 2009. I completed all orders by the court for the first two incidents and each case is closed. I have not been to court for the June 2009 incident, yet. I currently hold a position that was converted to a Public Trust position. I believe I will be required to fill out another OF-306 and my first SF-85p for this position to undergo a MBI investigation in about 5 -7 years. I disclosed my 2nd DWI on my original OF-306, but did not list my DWAI because to my understanding this was a traffic offense (rather than criminal), I don't remember having any probation and my fine was minimal - less than $100. I did not have to submit a SF-85p for this position originally so there was no follow up personal interview with an investigator to get clarification as to whether or not the DWAI should be listed. I will be disclosing the first DWAI in my OF-306, along with the 2nd DWI and the disposition of this 3rd DWI when my MBI investigation comes due in the next 5-7 years. Here is my question/concern - I have been attending AA for about a month now and have abstained from alcohol completely. I got a sponsor in AA last week. I do not feel I am an alcoholic, but did make some stupid choices under the influence of alcohol. I believe AA will help me strengthen and maintain my resolve to abstain. I feel I owe it to my family. I have stopped contact with people/places that I previously associated with drinking and have started a workout program to help deal with daily stresses. I'm concerned about the affects these alcohol-related incidents may have on my job when I undergo the MBI investigation in the future. I have no other issues in my background so if I do not have any other law infractions in the future, comply with all court orders for this most recent incident and abstain from alcohol use would it still be beneficial/necessary to undergo counseling with a Licensed Clinical Social Worker in order to mitigate concerns and keep my job? Or, would active involvement with AA, remaining abstinent and passage of time without incident be sufficient? Thank you very much for this informative forum.

Mark (TX) on September 13, 2009 at 10:18pm


	Had a domestic violence 7yrs ago did everything that was dictated by courts and everything was dismissed, have had some major credit issues to include bankruptcy. Learned today I will be receiving a LOI for my clearance. Do I have a chance to get my clearance if I provide proof of my dismissed case and progree in my credit. I need a clearance to get promoted to E8.

JC (Colorado) on September 9, 2009 at 7:33pm


	Clean and Sober: List the incident on your SF86. Explain what your remember about the incident in the comment section of question #22--Police Record. There is no need to provide information about any illegal drug use that occurred more than 7 years ago, unless you occupied a position of trust and responsibiliity at the time (i.e. policeman, fireman, security clearance holder). Absent any subsequent illegal involvement with drugs, a single arrest/citation/conviction for possession of marijuana 30 years ago is no longer adjudicatively significant. You can not assume that there is no record of this arrest/citation somewhere at the local, state, or federal level. Most criminal arrest/citation data is submitted by local police to state criminal records repositories and to the FBI, as well as to the local prosecutors office and the courts.

William Henderson (Pacific Grove, CA) on September 9, 2009 at 5:37pm


	Hello. I experimented with marijuana, and the last time I used marijuana was 25 years ago. I stopped consuming alcohol in 2004. Questions please, on whether I should report a "probable" marijuana charge over 30 years ago. This single event of a possible arrest/criminal charge is very vague in my mind, and the following statements are to the best of my recollection: * In Arkansas, around 1974-1976, the car I was driving stalled, and I had to leave it on the road. I am only about 75 percent certain of the town this may have happened at. * I vaguely remember being contacted by the police, about a single marijuana cigarette that was visible inside my stalled car. * I do not remember the follow-up action to this discovery by the police officer. I do not remember whether I did or did not have to go to court. I do not know if I was placed on probation, or was given a conditional discharge, or whether I was convicted of a misdemeanor. * In my defense, I do remember being able to join the U. S. Army with no difficulty, about two years after this episode of the marijuana cigarette discovery. I do not remember having to address the marijuana cigarette during my enlistment. Two questions please, regarding how to ... or how not to ... address this on my SF-86 1. Because this was a single isolated event that occurred over 30 years ago, can I safely assume that there no longer is any existing criminal record that the police found a single marijuana cigarette in the possession of my stalled car? 2. If I should go ahead and report this single occurrence on my SF-86, should I go ahead and provide a summarized report of my marijuana use, even though my last use was around 1984? Your friend, Clean and Sober

Clean and Sober (Livonia, MI) on September 6, 2009 at 8:46am


	I was wondering how i can get a job with KBR. I would love too make my life better. And make my family's life a lot better also.

Robert (Crooksville Ohio) on September 1, 2009 at 10:52pm


	GT: As long as your company continues to sponsor your clearance request, DOHA will continue processing/adjudicating your case.

William Henderson (Pacific Grove, CA) on August 31, 2009 at 8:43pm


	I also have a LOJ. I was being processed for my 5 year PR and had to leave the company because the contract ended. I applied with another company a year later and got an interim secret and I was told to leave the job site because the LOJ overrules the interim. I am waiting on adjudication but don't know how long the adjudication is going to take. From what I have read in these forums, I did have an incident that was going to be adjudicated but didn't get finished before I left the last company. I have been in contact with a rep at DOHA (not an adjudicator) every couple of weeks to check on things and he tells me they are working on it. If I am not actively working for the new company, will DOHA drop my case? Will I have to start all over again?

GT (Maryland) on August 31, 2009 at 5:17pm


	Worried in TX: Adjudicators like it when people acknowledge a problem, accept responsibility for it, and take corrective action, such as seeking professional counseling and doing what the counselor recommends. If the counselor feels that no treatment is needed, then don�t it. Just do whatever the counselor recommends. It only takes one really strong mitigating condition to overcome a potentially disqualifying condition. Of course a combination of mitigating conditions makes it easier for an adjudicator to justify granting a clearance. The �period of coverage� for an investigation is only the basic timeframe that must be covered in an investigation. Whenever an issue is present, an investigator is required to go back as far as necessary to provide the adjudicator with a clear, complete picture of the issue. There is no time limit for alcohol related offenses, so the investigator should ask about all alcohol-related incidents regardless of how long ago they occurred.

William Henderson (Pacific Grove, CA) on August 6, 2009 at 7:12pm


	Mr. Henderson, this is a follow up question to a response you previously provided me (above). Recap - currently hold moderate risk public trust position (no security clearance). Have a recent DWI (haven't been to court, yet) and a DWI from 2000. I read your articule, "Alcohol Consumption and Security Clearances" as you suggested and it states: MITIGATING SECURITY CONCERNS The following conditions may mitigate Alcohol Consumption concerns: Problem is not serious. Problem is not recent Positive changes in behavior Rehabilitation My question is, are all of the conditions listed above to be satisfied in order to mitigate concerns? For example, if I go through an alcohol evaluation and I'm not diagnosed as an alcohol dependent or abuser and not recommended for a rehabilitation program, will that affect my ability to mitigate the alcohol (DWI) concern? Or, would satisfying the first 3 conditions be sufficient? Also, when federal investigators conduct a personal interview with an employee undergoing a investigation, are they permitted to ask questions about things outside the scope of the investigation? For example, when I tell the investigator about my DWI, which will be the only incident within the 10 year time window on the OF306, can he ask if I've had any other related incidents outside that 10 year scope? If so, can that actually be used against me in the adjudicative process? Thank you very much for your informative responses, Mr. Henderson. Your time is greatly appreciated.

Worried (TX) on August 5, 2009 at 3:30pm


	Jeff: At the top righthand corner of this article is a box "Related Articles" with a link to an article, "Drug Involvement and Security Clearances." Read the article and if you still have a question, post it there and I'll try to answer it.

William Henderson (Pacific Grove, CA) on July 29, 2009 at 3:20pm


	Sorry, I was referring to marijuana as the substance

Jeff (CA) on July 28, 2009 at 11:16pm


	Mr. Henderson, I hope you can answer this question. I received an Army ROTC scholarship, and have accepted it. I'm filling out the security forms, among others, and they ask about substance use. I have done it a handful of times (maybe 5) about a year ago and I was honest on the DODMERB medical history about it and still got the scholarship. Will the experimental marijuana use affect me in the future? If so, how? I just hope I'm not DQ from the army.

Jeff (CA) on July 28, 2009 at 11:15pm


	Worried in Texas: Two DWIs spaced 9 years apart may not suggest a serious alcohol problem, provided there has not been a diagnosis of alcohol abuse or dependence and there are no other indicators of current abuse or dependence. If you have been diagnosed as an alcoholic or alcohol abuser and you successfully complete treatment and aftercare and abstain from future alcohol use, you shouldn�t have any problem maintaining your Public Trust position. DoD uses the same adjudicative standards for security clearances and public trust positions. Other agencies use the suitability standards in 5 CFR 731.202 for Public Trust positions. I believe that most, if not all, federal agencies will allow an employee to remain in their position regardless of how bad or how recent their alcohol problem was, if they promptly seek help through their EAP and follow through with all program requirements. Click on the �Recommended Articles� link just above and to the right of this webpage and you will find a list of articles, including one on �Alcohol Consumption and Security Clearances,� which will give you more information about the alcohol issue as it applies to security and suitability determinations in the federal government.

William Henderson (Pacific Grove, CA) on July 23, 2009 at 3:38pm


	Mr. Henderson, you are definitely the most knowledge person I've found on the web. Can you give me your thoughts on my situation, please. I currently hold a Public Trust position (Minimal Risk, I believe) since 2002. I was convicted of DWI in 2000 (prior to having a family), which I disclosed on my original OF 306. I was arrested for DWI last month and am concerned about the possible consequences. I haven't been to court, yet, but if I am convicted of a 2nd DWI do you think this will prevent me from getting a favorable suitability determination during a MBI, which I believe will be in the next 3-5 years. This is understanding that I have no other incidents of any kind and that I comply with all court orders and close the case. I have requested alcohol counseling through my agency's EAP program and I have started attending AA meetings. I have not drank any alcohol since the incident and will stay sober from here on out. My family has already suffered too much grief for my mistake and it has really opened my eyes to the fact I need to stop drinking completely. Please give me your thoughts - this has really caused me a lot of stress and sleepless nights. I don't know if it makes any difference, but I previously held a TS/SCI clearance.

Worried (Texas) on July 17, 2009 at 11:17pm


	I believe you mean "Loss of Jurisdiction--LOJ." LOJ ususally occurs between the time a clearance application is submitted and a final clearance is grant, if the person leaves the position where the clearance was needed. It can also occur when: 1. SCI access is denied but the person still needs a collateral security clearance. 2. When an unfavorable incident report is submitted on an individual who had a final clearance but left the job that required the clearance before the matter was investigated/resolved. 3. When an interim clearance is withdrawn. In this case if the person continues to hold a position that requires a clearance, the investigation will continue until it is completed and a final clearance is either granted or denied. In all of these cases the individual is not eligibile to have their clearance reinstated because they either did not have a final clearance or there is an unresolved security/suitability issue present in their case.

William Henderson (Pacific Grove, CA) on July 2, 2009 at 5:38pm


	A DUI conviction is a potentially disqualifying condition for a federal security clearance. However this type of potentially disqualifying condition can be mitigated based on evidence of rehabilitation, which includes passage of time without recurrence, as well as evidence that it was an isolated incident without any other evidence of alcohol abuse. If there is sufficient mitigation, a clearance can be granted.

William Henderson (Pacific Grove, CA) on July 2, 2009 at 5:22pm


	Please let me know if a DUI will keep you from getting a clearance are a wavier?.

Jon B (Jacksonville) on July 1, 2009 at 10:24am


	How long will loss of adjudication reinstate to active Top secret clearance? I know a person whose got this status as soon as his project got over and he doesn't know he got it. I know once TS is given , it is valid for 5 years. Where does Loss of adjudication come to place? What needs to be done in that case. All the employers want TS active and the job market is bad to get job the very next day? Please reply me

Madhu (Maryland) on July 1, 2009 at 7:49am