Your Federal Employment and Security Clearances
The federal government is responsible for maintaining the security and welfare of its citizens. To achieve this, the government employs a large number of individuals who are entrusted with sensitive information and critical responsibilities. In order to ensure that these employees are trustworthy and do not threaten national security, the government conducts background investigations and grants security clearances.
The security clearance and employment defense attorneys at The Griffin Law Firm explain more on security clearances below.
Security Clearance Requirements for Federal Employment
To work for the federal government in a position that requires access to sensitive information, an individual must undergo a lengthy security clearance investigation that typically begins with you filling out an SF-86 Questionnaire for National Security Positions. The type and level of clearance required will depend on the position and the level of access to sensitive information it requires. The three most common types of security clearances are:
1. Confidential Clearance: This is the lowest level of security clearance and requires a background check that may include a review of criminal, financial, and employment records.
2. Secret Clearance: This level of clearance requires a more extensive background investigation that may include a review of credit reports, reference checks, and interviews with friends, family, and associates.
3. Top Secret Clearance: This is the highest level of security clearance and requires an extensive background investigation that may include a polygraph exam and a review of an individual's personal and professional history, including their foreign contacts and travel.
The security clearance process is governed by Executive Order 12968 and outlines the standards for granting access to classified information. This order requires that security clearances be granted only to individuals who are determined to be trustworthy and pose no threat to national security. Clearances are granted “only where facts and circumstances indicate” it is “clearly consistent with the national security interests of the United States.”[1]
How a Security Clearance Impacts Your Federal Employment
Security clearances are essential for many federal jobs, especially those in the intelligence and defense communities. Federal employees, including military members, civilians, and contractors, with security clearances have access to classified information that, if disclosed to unauthorized individuals, could pose a significant threat to national security.
As a result, the government takes the granting of security clearances very seriously and closely monitors the behavior and actions of individuals who hold clearances. Federal employees with security clearances are expected to maintain the highest personal and professional integrity levels. Any behavior that raises questions about their trustworthiness, loyalty, or suitability for access to classified information can result in the loss of their clearance.
The power and authority to grant a security clearance flows from the President in the Executive branch. In Department of the Navy v. Egan, the U.S. Supreme Court recognized the President has a “compelling interest” in controlling who has access to national security information and sensitive materials.[2] A clearance is only granted when it is “clearly consistent with the interests of national security” since “no one has a ‘right’ to” a clearance.[3]
Factors Impacting Your Security Clearance Status
Determining whether a person should be granted a security clearance is “an inexact science at best.”[4] Adjudicating Judges consider several factors that can impact an individual's security clearance status based on updated guidelines from 2017 in the Security Executive Agent Directive (SEAD) 4- National Security Adjudicative Guidelines. Some of the most common factors include:
1. Financial Issues: Financial problems, such as bankruptcy, delinquent debts, or tax issues, can raise questions about an individual's judgment and reliability and may result in the denial or revocation of a security clearance.
2. Criminal History: Criminal behavior, including arrests, convictions, or other criminal activities, can demonstrate a lack of judgment and raise concerns about an individual's reliability and trustworthiness. As a result, individuals with criminal histories may have difficulty obtaining or retaining a security clearance.
3. Substance Abuse: Substance abuse, including alcohol and drug abuse, can raise questions about an individual's judgment and reliability and may result in the denial or revocation of a security clearance.
4. Foreign Contacts: Foreign contacts, especially with individuals from countries that pose a security threat to the United States, can raise concerns about an individual's loyalty and suitability for access to classified information.
5. Misuse of Information: Misuse of classified information, including unauthorized disclosures or other violations of security procedures, can result in the revocation of a security clearance.
6. Adjudicative Issues: Adjudicative issues, such as a history of lying, cheating, or other unethical behavior, can demonstrate a lack of integrity and raise questions about an individual's reliability and trust.
It is important to be able to mitigate any security concerns so you can keep your job and continue in your career. The security clearance and employment defense attorneys at The Griffin Law Firm know how to navigate the complex and tedious process of mitigating security concerns. They make sure the Adjudicative Judge sees a complete picture of you under the Whole-Person Concept in SEAD 4, Appendix A and help you respond with the best available evidence to show them that you are suitable for a security clearance.
In Northrop Grumman Corp. v. United States, the Court of Federal Claims acknowledged that under the Whole-Person Concept, a “careful weighing of a number of variables… such as the individual’s past and present conduct” is used to help determine who is eligible for a security clearance.[5]
Do you need help?
Do you believe your security clearance is in jeopardy or was wrongfully denied? Has DCSA issued you’re a Supplemental Information Request (“SIR”) or a Statement of Reasons (“SOR”)? Then contact The Griffin Law Firm. Our security clearance and employment defense attorneys are experts in federal employment and securities law. Call us now, and let us help you mitigate any security concerns whether you are about to fill out an SF-86, e-QIP, or need to respond to a Statement of Reasons. Don’t leave your future to chance.