Factors That Can Contribute to a Security Clearance Denial (2024)

Security clearance is a vital component of many federal jobs. For those who have yet to obtain clearance or those who have had their clearance denied, understanding the different tiers of security and the factors that may lead to denial can be overwhelming. In this blog post, we’ll discuss the different levels of security clearance and what may cause your security clearance to be denied. We’ll also discuss how to appeal a denial and what to do if you lose your security clearance while employed.

Different Tiers of Security Clearance for Federal Employment

The United States government utilizes three levels of security clearances for federal employment: confidential, secret, and top secret. The first is Confidential, which allows access to confidential information without a need-to-know basis designation. The second tier is Secret, which grants individuals access to sensitive information on an as-needed basis depending on their position (includes "L" class security clearance designation). The highest level of security clearance is Top Secret, which allows access to highly sensitive information.

Factors That May Lead to Denial

When applying for any level of security clearance, all applicants must undergo a thorough background check that evaluates their character and trustworthiness. During the background check process, certain factors may lead to a person’s clearance being denied—such as having a criminal record, financial issues such as bankruptcy or delinquent debts, having affiliations with groups or organizations connected with espionage, and/or drug use or addiction. Even something as seemingly small as traffic tickets or omissions on your application could result in a denial.

Appealing A Denial

Being denied security clearance can be devastating, especially if clearance is necessary for advancing or continuing your career. However, if you were denied clearance, you have the right to appeal the denial and have it reversed.

When issuing a denial, the authority that issued the denial is required to provide a written explanation of their decision to deny you clearance. This is referred to as a Statement of Reasons (SOR). To begin the appeals process, you must submit a written rebuttal to the DOHA within 20 days of receiving your SOR. It is paramount that you meet this deadline, as cases can be and frequently are denied or thrown out because the person appealing missed the deadline.

After your rebuttal is submitted and received by the DOHA, they will send you what is called a File of Relevant Materials (FORM). Within 30 days of receiving your FORM, you must respond in writing with a full explanation of your rebuttal. In some cases, if the DOHA agrees with your rebuttal, they can withdraw your SOR. They may then move forward with the security clearance process and/or grant you clearance.

If the DOHA does not immediately agree with your rebuttal, your case will go before an administrative judge. Many appeals cases that reach a judge are handled without a hearing and based on the written record of your case. Because of this, it is critical that you work with a skilled attorney when submitting your appeal. Similarly, if your case does require a hearing, having an experienced security clearance appeals attorney can be immensely helpful.

If you are still unsuccessful in your appeal, you have one last option to file a final appeal of the initial appeals decision. It's important to note that no new evidence can be submitted with a final appeal, and the appeals board will only consider the existing evidence.

What To Do If Your Security Clearance Is Revoked While Employed

Similar to when someone is denied security clearance during their initial application, if you are a current federal employee who has had their security clearance revoked, you have the option to appeal the decision through the process outlined above. As with any issue dealing with denied, revoked, or suspended security clearance, it is always recommended that you consult with a federal employment attorney for guidance before beginning the appeals process.

Don't Risk Your Career; Call Us for Help

Security clearances are essential components of many federal positions. Being denied or losing your security clearance can derail your career significantly. At The Law Firm of John P. Mahoney, Esq., Attorneys at Law, we appreciate how critical the outcome of your case is. Our attorneys have helped countless federal employees deal with similar situations, and we are prepared to use our wealth of knowledge and experience to help you.

Contact us online now to discuss your options with one of our attorneys.

Factors That Can Contribute to a Security Clearance Denial (2024)

FAQs

Factors That Can Contribute to a Security Clearance Denial? ›

During the background check process, certain factors may lead to a person's clearance being denied—such as having a criminal record, financial issues such as bankruptcy or delinquent debts, having affiliations with groups or organizations connected with espionage, and/or drug use or addiction.

What are the red flags for security clearance? ›

For example, an inability or unwillingness to satisfy debts is a red flag. Financial problems that are related to gambling, alcoholism, or drug abuse also are security concerns.

What will affect my security clearance? ›

These financial issues can put your security clearance at risk, according to the Adjudicative Guidelines: Poor credit choices over a period of time. Theft, embezzlement, tax evasion and other financial violations. Patterns of unpaid debt.

How often do security clearances get denied? ›

The denial rate for interim clearances is around 20 to 30% but is only 1% for full security clearances. So if you receive a denial, be patient; odds are you'll be a security clearance holder working to protect our national security soon.

Can I get a secret clearance with bad credit? ›

“It's a significant factor,” the Defense Counterintelligence and Security Agency spokesperson said. For that reason, the person deciding your case won't necessarily deny your clearance application just because you have a low credit score. There is no specific credit score needed for security clearance.

Does anxiety affect security clearance? ›

A past or present mental, emotional, or personality disorder is not by itself a disqualifying condition for a final security clearance. A psychological condition does not have to be formally diagnosed as a disorder to be a security concern.

Does security clearance look at debt? ›

No branch of the military has a set amount of debt that is the breaking point for security clearance. You could owe $5,000 or $50,000 and be granted or denied clearance. It's all a matter of how you deal with the debt. Responsible behavior in tackling your debt problems is considered a positive.

Do they tell you why your security clearance is denied? ›

However, if after your investigation you are denied adjudication, no, a facility security officer is not given the reason why you were denied. They will only see that eligibility was denied, and you would have to request that information or wait for your Statement of Reasons.

Do security clearances check bank accounts? ›

If you've never been subjected to this line of questioning during a security clearance background investigation, you may be surprised to learn that, yes, the government does review your finances as part of the process, albeit not in the way you may think.

Can your family affect your security clearance? ›

Your spouse may be involved, as well, and may be included in your background investigation and interviewed. Some individuals applying for security clearance are concerned their application will not be approved because their spouse has debt or a poor credit history.

How far back does a security clearance look? ›

Security Clearance Adjudicative Process

The clearance process for Secret level access uses an investigation called the National Agency Check with Law and Credit that goes back five years, while the clearance process for Top Secret uses a Single Scope Background Investigation that goes back ten years.

What percentage of people are denied security clearance? ›

Just under 10% of applicants are denied by the National Security Agency. Just under 7% are denied by the CIA and just over 7% are rejected by the National Reconnaissance Office. Every candidate is evaluated carefully during the security clearance application process.

Are security clearances hard to get? ›

But assuming you don't have go down that path, the process to getting a Secret clearance is fairly straightforward. It just isn't always that fast. Timelines have changed over the years, but you'll want to have some back-up work in the hopper while you wait for either an interim Secret clearance or the final decision.

What excludes you from a secret clearance? ›

You are not a U.S. citizen. You were dishonorably discharged from the military. You are currently involved in illegal drug use. You have been judged as mentally incompetent or mentally incapacitated by a mental health professional.

What is the credit secret loophole? ›

A 609 Dispute Letter is often billed as a credit repair secret or legal loophole that forces the credit reporting agencies to remove certain negative information from your credit reports.

Which security clearance is easiest? ›

Confidential: This security clearance level is the easiest of the three to obtain. This offers access to the lowest level of classified information. Secret: This is the second tier of security clearance, which provides holders with access to sensitive classified information.

Do antidepressants disqualify you from security clearance? ›

Seeking mental health services does not affect one's ability to gain or hold clearance eligibility. Adjudicators regard seeking necessary mental health treatment as a positive step in the security clearance process.

Does security clearance ask about mental health? ›

The SF-86 security questionnaire filled out by all security clearance applicants requires reporting any mental health counseling or treatment received during the previous 7 years unless it is "strictly for a marital, family, or grief issue not related to violence by you, or strictly related to adjustments from service ...

Does ADHD affect security clearance? ›

Further, during that same 6-year time period, of the 85,000 people who were either denied a clearance or had their clearance revoked, only 145 – 0.17 percent – of denials and revocations were due to mental health reasons. That means people with run-of-the-mill diagnoses – ADD, ADHD, anxiety, etc.

Does security clearance check your phone? ›

For what it's worth, security clearance background investigators also don't bug phones or conduct surveillance on applicants, so you can rest a little easier knowing your every move isn't necessarily being watched.

Does security clearance check search history? ›

Your Browser History is Not a Factor for Your Security Clearance. Many security clearance applicants have questions about Continuous Vetting and what information is included.

How long does a security clearance take? ›

The security clearance process takes an average of three to four months to complete but can take up to a full year to complete depending on your background.

How do I fight security clearance denial? ›

You can hire a security clearance lawyer to help navigate the appeal process, and you can even hire legal counsel before submitting your SF-86 to advise you through the process if you're concerned about your application. If the denial is upheld, applicants are barred from applying for security clearance for one year.

Do you always get interviewed for security clearance? ›

Not every security cleared position will require a face-to-face interview. Some lower-level clearances, such as Security Check (SC) or Counter Terrorism Check (CTC) roles, will often only require a written questionnaire and a background check. For higher level clearances, an interview is a must.

What will disqualify you from federal employment? ›

Some issues that may result in an unfavorable suitability determination include: financial irresponsibility; poor credit history; drug/alcohol abuse; arrest history; misconduct in prior employment; association with individuals involved in illegal activities such as drug use and drug trafficking; and demonstrated lack ...

Who sees security clearance? ›

These include contractor and government personnel security clearance employees, investigators, adjudicators and others who have authorization to conduct legitimate business.

What are the 5 levels of security clearance? ›

Hierarchy
  • Controlled Unclassified.
  • Public Trust Position.
  • Confidential.
  • Secret.
  • Top Secret.
  • Compartmented.

What is the most common security clearance? ›

In general, most employers look for candidates who hold an active Department of Defense (DoD) collateral clearance or a blanket TS/SCI-cleared (Top Secret / Sensitive Compartmented Information) and who have a counterintelligence (CI), full-scope polygraph (FSP), also known as expanded scope screening (ESS).

Does secret clearance require polygraph? ›

Security Clearance Process information

All potential employees must: Obtain a Top Secret/Sensitive Compartmented Information (TS/SCI) security clearance. Successfully complete a drug test to screen for illegal drug use. Complete a required counterintelligence-scope polygraph examination.

Can you reapply for a clearance if denied? ›

You may reapply for a security clearance through your employer if there's a need for access to classified information. You'll need to provide documentation that the circ*mstances or conditions which resulted in the denial or revocation are rectified or sufficiently mitigated to allow reconsideration.

Do people with clearances get paid more? ›

Based on survey data, on average, a security clearance generates 10-20% salary premium with higher clearances commanding the largest increases.

What disqualifies you from getting a secret clearance at Lockheed Martin? ›

Personal Conduct

Threats of Violence. Traffic citations of $300 or more. Recurring pattern of poor judgment, irresponsibility, or emotionally unstable behavior. Deliberate omission or falsification of material information about background when applying for security processing.

How many references do you need for security clearance? ›

Section 16 – People Who Know You Well:

You are required to provide 3 personal references that are NOT related to you. This exception includes relatives by marriage. While these can be work associates, they should be people with whom you socialize outside of work.

What is the magic 11 word phrase? ›

In case you are wondering what the 11 word phrase to stop debt collectors is supposed to be its “Please cease and desist all calls and contact with me immediately.”

Why does the 15 3 credit hack work? ›

The 15/3 hack can help struggling cardholders improve their credit because paying down part of a monthly balance—in a smaller increment—before the statement date reduces the reported amount owed. This means that credit utilization rate will be lower which can help boost the cardholder's credit score.

What is a 623 dispute letter? ›

A business uses a 623 credit dispute letter when all other attempts to remove dispute information have failed. It refers to Section 623 of the Fair Credit Reporting Act and contacts the data furnisher to prove that a debt belongs to the company.

What is the average salary for a top secret clearance? ›

$125,140

How much does a secret clearance cost? ›

The average cost to process a SECRET clearance can run from several hundred dollars to $3,000, depending upon individual factors. The average cost to process a TOP SECRET clearance is between $3,000 and about $15,000, depending upon individual factors.

What is the lowest secret clearance? ›

There are three security clearance levels: confidential, secret, and top secret. Confidential is the lowest level of security clearance, and top secret is the highest.

What are the five areas covered in the Red Flags Rule? ›

In addition, we considered Red Flags from the following five categories (and the 26 numbered examples under them) from Supplement A to Appendix A of the FTC's Red Flags Rule, as they fit our situation: 1) alerts, notifications or warnings from a credit reporting agency; 2) suspicious documents; 3) suspicious personal ...

What does red flag mean in security? ›

A “red flag” is a pattern, practice, or specific activity that indicates the possible existence of identity theft.

What are some serious red flags? ›

Major red flags are infidelity, gaslighting, controlling behavior, angry outbursts, and physical, sexual, or emotional abuse.

What is a category of red flags? ›

The Five Categories of Red Flags

Warnings, alerts, alarms or notifications from a consumer reporting agency. Suspicious documents. Unusual use of, or suspicious activity related to, a covered account. Suspicious personally identifying information, such as a suspicious inconsistency with a last name or address.

Which of the following are examples of red flags? ›

  • EXAMPLES OF RED FLAG INDICATORS.
  • 1) Suspicious Documents:
  • 2) Suspicious Personal ID Information:
  • 3) Suspicious Activity:
  • 4) Suspicious Medical Information:
  • 5) Alerts from others, such as:

How many categories are the 26 types of red flags broken into? ›

The Red Flags Rule lists 26 specific red flags under the following 5 general categories that companies must identify to detect identity theft.

How many red flags is acceptable? ›

“As a general rule, any more than two red flags and I'd say bow out, but make sure the red flags are truly scarlet coloured,” eHarmony's relationship expert Rachael Lloyd tells Stylist.

What are red flag requirements? ›

The Red Flags Rule1 requires many businesses and organizations to implement a written identity theft prevention program designed to detect the “red flags” of identity theft in their day-to-day operations, take steps to prevent the crime, and mitigate its damage.

What makes you a red flag? ›

Red flags are often used in conversations around toxic or abusive relationships. Toxicity can present itself in any close relationship: friends, colleagues, family members, or partners. Red flags in a guy or girl can be signs of narcissism, aggression, victimization, or even abusive behavior.

What are red flag rules? ›

The Red Flags Rules provide all financial institutions and creditors the opportunity to design and implement a program that is appropriate to their size and complexity, as well as the nature of their operations. The red flags fall into five categories: alerts, notifications, or warnings from a consumer reporting agency.

Is lack of communication a red flag? ›

1- Lack of Communication

Both partners should feel like the are able to kindly express how they feel to one another, without judgement. If your partner refuses to communicate with you or communicates in a way that is hurtful or ineffective to you, this could be a red flag.

What are three red flag symptoms? ›

What is a red flag symptom?
  • Severe chest pain – heart attack, clot in lungs, collapsed lung.
  • Severe headache – bleed in brain, meningitis (a brain infection)
  • Shortness of breath – heart failure or COPD (a group of lung diseases that cause breathing difficulties), asthma.

What is green flag? ›

We use the term “green flag” to highlight actions or traits that are positive. These are usually signs that someone has healthy behaviors, which can be a good sign that your potential relationship will start off positive and hopefully stay that way. Every relationship looks different.

What are the four red flags? ›

4 Common Relationship Red Flags. Red flags in a relationship can span the gamut of verbal, emotional, financial and physical control and abuse.

What are 2 red flags? ›

Double red flags means water is closed to the public. Red flag is high hazard meaning high surf and/or strong currents.

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