Ask Your Clearance Questions – Part 8
Ask your questions here regaring security clearances and our regular contributors will try to answer them. Here are the rules:
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Thanks!
Comment Archive
I HAVE A QUESTION. ITS BEEN 3 YEARS SINCE MY SF86 WAS TURNED IN AND NOW THEY SAY I DIDNT PASS. POOF GONE IS MY JOB.
SOUNDS FISHY TO ME.. I HAD THE BEST REPUTATION AT WORK WITH FELLOW EMPLOYEES AND CLIENTS ON THE PLANE.. ANY INFO WOULD HELP.. JOHNNY
What are the levels of clearance for contractors?
I’ve heard of IT1, with Secret, and IT1 without, but I am not sure what the differences are.
Thanks
Please advise, I really don’t know what to do?
MYHISTORY,
Just answer truthfully. People make mistakes. If this took place 30 years ago with no other incidents, I don’t think you will have to worry. Time heals almost all wounds. Get that dream job and don’t let this bother you too much–you will be fine.
I just received my final TS and now I have been put in for a SCI clearance (does not require a polygraph). My wife is originally from Russia but she has been an American citizen for over 7 years. My mother-in-law just received her green card. My wife’s father is deceased but my wife has a brother living in Russia who has never been to the US. My wife has an active Public Trust and was just issued an Interim Secret. My wife has no financial assets in Russia and only has minimal contact by phone with her brother. She has also renounced her Russian citizenship. She has not been back to Russia for about 5 years.
My question is what the probability that I can get a SCI clearance? At first I thought my chances were close to zero but reading this blog I’d guess that my chances are probably better than that.
In the major east coast city that I live in, there are a bunch of us with naturalized Russian wives and everybody has a different opinion about what sort of clearances you are eligible for so I’d guess that there are others out there reading this blog who are in a similar sort of situation.
myhistory:
Are you sure you were pardoned? Pardons are granted by state governors for non-federal offenses.
You should answer “yes†to question 23(a) on the SF86, list the date of conviction, describe the offense (i.e. grand theft), and name and location of the court. In the comment section describe the disposition of your case (i.e. successfully completed xx months of supervised probation on [date] and pardoned by governor of [state] on [date]).
Absent any aggravating factors or other serious problems, I don’t think a 30-year-old conviction for grand theft that only resulted in probation will result in a clearance denial.
Mat:
The adjudicative office gets the credit report and NAC results as soon as they are available, so that a determination can be made for the interim clearance, but normally the field investigation is not submitted to the adjudicative office until the entire field investigation is completed. There isn’t anyone else you can contact for more detailed case status information. The basic period of investigation for a TS clearance is 10 years, but investigations can be expanded back even further if necessary to resolve any unfavorable information.
jc:
I haven’t seen any adjudicative decisions involving illegal alien spouses, and I don’t think you can compare your situation to other cases involving “foreign influence†and “personal conduct.†Edge141, who contributes to this blog, is a former adjudicator and he might be able to provide an opinion. I’m sorry I can’t help. I believe the problem would be mitigated as soon as she receives legal status, provided there are no complicating factors.
I really thank you guys for responding so quickly to me – this site is a godsend!
I was so afraid that I was about to cancel the interview.
Was I pardoned? I have a (first offender only) pardon notice from the state division of probation and parole. Attached is a verification of first offender pardon, it “certifies that the defendant is fully pardoned for the offense” and “all rights of citizenship and franchise are restored”… does this make any difference? Do I need to have an attorney check my pardon status?
myhistory:
Sounds good to me. A pardon does not remove the conviction, only the punishment. So it makes sense that the pardon would restore any rights that may have originally been taken away as a result of the felony conviction. Today many jurisdictions accomplish the same thing using what is known as deferred judgment or some other administrative process where the conviction is set aside or reduced to a misdemeanor, if the defendent successfully completes probation.
I don’t think you need to have an attorney do anything. Your written pardon should be sufficient.
VERBINA,
Looking at you old post. It may not be a SPIN, but just another Investigator contact to get information missed by the original Investigator. At times, a different Inv will contact you if the previous one is no longer working the OPM Backgrounds. The new investigator will have less info to get (usually). I do many of these throughout the year. This is simply getting and reporting better and full answers per guidelines so the adjudicator has the best info available.
MR. H. and j/c?:
I would be glad to help anyone and provide an opinon… But, I can’t find the original post ??? …
edge141
Hi,
I have a question about the process of obtaining a TS clearance. I submitted my paper September 2007, and I received my Interim Secret the next day. I received my Interim TS and got interviewed in December 2007. I contacted my interviewer in April 2008, and he told me that his part of the investigation is already submitted for adjudication. He doesn’t have direct contact with the investigators who are working my case in other parts of the country. I contacted my company’s security officer past Monday, and he told me that the investigation is still open and running. Does this means that the other investigators are not done with their investigation yet? Is there anyone else I can contact for a better picture of what is going on? Also, does the TS investigation only goes back to 10 years?
Thanks,
Mat Troi
Adjudication Timeline Question.
I work for a Defense Contractor and applied for a Secret clearance in Sept 2004. I was denied Interim due to minor derogatory info in SF86 but granted full Secret in Sept 2005.
In Sept 2006 I applied for and was offered a Federal Govt job that requires a Secret clearance. However, I was denied the job because the Fed Govt Security officer stated I was ineligible for an interim Secret. (Even though I had been holding the Full Secret for a year!!) The next week my company was notified by DISCO that my clearance status was listed in JPAS as “Loss of Jurisdiction. Clearance administratively removed without prejudice pending investigation”. Neither I nor my FSO were given any reasons for the “administrative action”.
In Dec 2006 I had a 30 minute interview with an OPM investigator (SPIN?) and the only question they asked me was if I ever had any felony charges or convictions…I dont. That was the only question in the interview and the investigation closed in Jan 08.
I called the DOHA 800 number in Feb 08 and they told me I was to receive an “Interrogatory” from them. I called them last week for a status check and was told my case was still “Pending” and this nice lady didn’t know anything about any “interrogatories”.
I am on my 18th month of waiting. Does anyone know what could be going on and is there anything I could/should be doing?
Thanks in advance for your thoughts and if you haven’t bought William’s book do so..It’s terrific.
Employer Error caused Secret Clearance to Expire – Help
Last year my new employer at Company B wanted to keep my Secret clearance active and told the SO to make sure that my Secret clearance from employer A was transfered to Company B. I wasn’t doing classified work but possibly needed it when traveling or for meetings that required access to bases or cleared facilities.
I had no reason to believe that my clearance was anything but current.
Earlier this year, Company C offered me some outside consulting work and while processing my paperwork and verifying my Secret clearance – I was told that it had to be pulled from archives and expired a month earlier (two years to the date of leaving employer A).
Upon inquiry, the owner/employer of Company B insisted my Secret clearance was active and associated with their company. The SO said he would look into it. Since this is a small company I waited another month, before asking more questions. When I approached the subject again, my employer then became hostile toward me when I questioned multiple inconsistencies. No resolution came but I was later told that I didn’t need my clearance and there was no justification to renew my clearance since I had been given other assignments.
Now I don’t know what to do –
I knew exactly when my clearance expired – if Company B had not told me it was current, I would have made sure to keep it Active.
Instead,
The consulting work fell through because it was conditional on an ACTIVE clearance. Their company didn’t sponsor clearances.
Company B’s error has cost me consulting work, and now a minimum of two interviews.
It seem employers don’t want to sponsor clearance.
At this point my clearance is about 90 days expired and I don’t know where to turn.
If anyone can help or direct me to whom I need to speak to I would be greatful.
Thanks in advance.
Adjudication Timeline Correction: For what it’s worth, my investigation closed on Jan 07 not Jan 08 as I initially posted today. So the adjudication has been ongoing for 18 months.
Mr. Henderson,
I have a question regarding SCI adjudication. I was an employee at DIA until February 2008. I was forced to resign because I did not disclose information during my initial security interview in 2006. DIA discovered I did not disclose the information b/c I later interviewed with NSA and disclosed the information to them. When I left DIA, I was told my clearance was still active. I attempted to contact the security personnel with questions regarding how this would affect my ability to continue working in jobs requiring a TS/SCI clearance but did not receive an answer from them.
I am currently working for a contractor with DoD again (but not with DIA) and the security personnel have just learned about my history with DIA. Do you think it is likely the adjudicator will view my past action as unfavorable and revoke my access to SCI? If this does indeed happen (which I’m almost certain it will), is there an appeal process?
Thanks,
Concerned About SCI
Johnny:
Clearance denials must adhere to a formal process that begins with a “Statement of Reasons—SOR,†then followed by a “Letter of Denial—LOD.†Both the SOR and the LOD are issued by the government adjudicative facility and both must be delivered to the applicant. The SOR includes instructions on how to submit a rebuttal, and the LOD includes instructions on how to appeal the decision. If you were not given these documents, then something is fishy.
Edge141:
jc’s question was posted on 23 May 2008 at 8:31 am under the “Interim Clearances – Tell Us About Yours†thread.
Mat Troi:
See my response posted on 26 May 2008 at 4:16 pm (above).
Carlos:
Go to my website (click on my name above) and navigate to the “resources†page under the “about security clearances†tab. There you will find an investigative chart that should answer your questions. There is no IT1. There is IT level 5 and IT level 6, but disregard the IT designation because level 5 and level 6 includes IT (information technology) positions at those levels, and the initial investigations and clearances are the same. The only significance of the IT designation is that under certain federal guidelines, IT positions are subject to manditory reinvestigations, generally at 5 year intervals.
Alex:
To get SCI eligibility all your immediate family members must be US citizens; although sometimes a waiver can be granted for this. Immediate family is defined as spouse, parents, siblings, children and cohabitant of the individual requiring SCI. Your brother-in-law does not fit this definition as it pertains to you.
Additionally, applicants for SCI are subject to the same criteria under the Adjudicative Guidelines regarding “Foreign Preference,†“Foreign Influence,†and “Outside Activities†as are applicants for collateral clearances.
In your case, there is no obvious reason for being denied SCI eligibility.
Meghan:
There really isn’t anyone who can help you reinstate an expired clearance. Your only option is to find an employer who will sponsor you for a new clearance. An interim DoD Secret clearance can be granted within a matter of days and generally affords the same level of access as a final Secret clearance.
Still Waiting:
I have tried repeatedly without success to post a reply to your question. There must be a word in the text of my reply that is causing the automatic filter to reject the whole thing. I’ll try again tomorrow using different words.
j/c:
The Army has the power to be creative in the adjudication (many times a person will get a conditional or some sort of special clearance in the military, that he or she would not normally be awarded).
Your credentials are very good… The country (Mexico) is not a country of real concern… that is good… The problem would be; her status and/or her being here illegally. That leaves it up to an Adjudicator. The question would be; what have you done to correct her status? And, How far along is she in the process?
I would also guess the Army has strict guidelines in place for their Pilot Programs…
It could be an up hill battle…
Sorry, I could not be more of assistance…
I hope this helps?
edge141
William:
I will be on the lookout for your response. I just want to figure out what (if anything) I can do at this point.
Thank you for answering my questions. You said “the field investigation is not submitted to the adjudicative office until the entire field investigation is completed.” Does this mean that when one investigator is done with his investigation, he gives his finddings back to the bureau (best name I can think of) and wait until the other investigators submit their part. When everyone finishes, the bureau submit to adjudication? The reason I am asking is I am confused why the investigator who interviewed me said he already submit his part for adjudication. Thanks again.
Hello everyone!
I have a question…right before my son graduated high school he was caught with an illegal substance in his car. He received no jail time or supervised probation, he just had to have “good behavior” for one (1) year and he lost his driving privileges for six (6) months. However, due to the type of drug they found, it is a felony. Since this happened when he was 18 years old, he is now 20 years old, I was wondering will he ever be able to hold a security clearance. He attends a great university in Virginia and he is majoring in mechanical engineering. I told him that time will hopefully fix things but I’m not sure if my answer is correct.
What upsets me is I hold a TS/SCI with a lifestyle poly. I know for a fact that there are so many people that work where I work that have done things much much worse than what my son did, and they are STILL employed. I was just wondering what he’s up against moving forward. Thanks in advance for any help/answers you can provide!
Thanks for the feedback.
Can you give any input on why employers really don’t want to sponsor a clearance right now? Especially in this case where the likelihood is that it will take a minimal amount of time to be granted.
Also is there any mechanism in place that allows an individual to verify their clearance has been updated in the system?
I held a TS for many many years in the Navy…I’m in USNR now and at present in JPAS I have a Secret w/TS SCI Eligible. My TS expired while I was on maternity leave – a status of Secret is where I’m at for now.
How will potential civ. employers/govt contractors view my current clearance status?
Mat Troi,
Each investigators report is held in a database through OPM until every investigator has completed his/her portion of the case as well as when the various automated security, credit and criminal checks are completed. After everything is done the case is reviewed to make sure all of the required field work has been completed properly. It is then that the case is sent to adjudication.
Wondering Mother,
Your son needs to be honest on his SF86 or SF85P and honest with the investigator who interviews him regarding his drug use and drug arrest. Some of the questions the background investigator should ask him is why he had the drugs and if he is ever going to do it again. Everyone makes mistakes and that is why the adjudication process looks at the whole person concept.
I tried to send a question, but I could not. I have a interim security clearance question if you could publish it so that I can receive an advice please.
I worked 15 months overseas under “interim sectret” clearance, as an army contractor, and in May I lost of Jurisdiction, wrote a letter to DISCO/DSS to know the reason, still waiting. Is it correctable? what should I do? Based on LOJ I have been terminated from the company. Please advise. Thx.
I have a question about a waiver secret clearance. I interviewed at Treasury for an internship and they said that the waiver secret basically meant that I would be granted temporary secret access to do the internship but that it was non transferable to other agencies or jobs.
My concern is I have a background of drug use – I used cocaine often for about a year – last use was 11 months ago. I have done as many mitigating actions as possible within those past 11 months, completed a 2 month treatment program, stopped drinking, attend AA meetings frequently and continue to go once a week to the treatment program where I am still randomly drug tested.
I know the “magic number” is about two years after hard-drug use – does the fact that it is for a waiver secret, just for an internship position mean I still might have a chance, after only 11 months?
Thanks
Andrew
Concerned About SCI:
The day you left DIA your clearance and SCI terminated unless some other agency or contractor successfully had your clearance transferred to them a that time. Otherwise when the company you are now working for attempts to reactivate your clearance and SCI, the database in which your clearance is recorded will probably indicate your status as “debriefed†or some similar wording. If there is no special information recorded in this database regarding you, such as “Please Call,†they should be able to have your clearance and SCI reactivited through the new government sponsor. If DIA holds any information about you that suggests you no longer meet the investigative or adjudicative stands for access eligibility, the new government sponsor may require a new investigation. Since your clearance and SCI were not formally revoked, a new investigation should be processed like any other with the normal rebuttal and appeal rights, if the clearance is denied.
I have a question about the time needed for investigation. Looking through Google search results, I’ve seen numbers anywhere between 4 and 18 months for a TS clearance. One FAQ I’ve seen copied verbatim on a number of sites says 4 to 8 months, but possibly longer under certain circumstances (lots of jobs, extensive foreign travel/contact, etc.). I took a job with a DHS contractor at the beginning of February which required a Secret. Shortly after I got here, I was put through to be upgraded to a TS. By the end of March, I had spoken with 2 investigators at my place of work; I found out later the first interview (early March) was for a suitability check, and the second interview (about 3 weeks later) was for the SSBI. Now, I had heard that the personal interview came towards the end of the investigation (more on that later).
When it comes to my background, I’m about as clean as possible – the only possible blemishes are a parking ticket when I was 16 (too close to a fire hydrant) and an accident when I was 16-17 (which resulted in no points or anything against me, just a wrecked car). No debt, no drug use – ever, no foreign contact/travel, lived in the same place all my life. I know that by mid-April at the latest, an investigator had talked to most of, if not all, the references I had provided. Regarding the personal interview bit earlier, I heard from my company’s security officer that my SSBI was officially in the system as of late mid-March, so either that was one HECK of a quick investigation or someone told me some bogus info.
So, the long and the short of it is: is it possible for someone with an extremely clean background to get a TS in a 4-6 month timeframe, or is some of the information I found incredibly misguided? I know that of all the dozens of posts I’ve seen on here with info about how long investigations/adjudications have taken, I’ve seen one (MAYBE two) people say theirs fell in that timeframe. Not knowing anything beyond approximate timeframes, I’m curious as to whether that’s something that can be expected with a clean background, something that had some sort of external influence (their investigations being expedited by someone) or just a freak statistical glitch.
Many thanks for any info any experts here could provide!
Still Waiting,
Get your congressman’s help.
Still Waiting,
I’m not sure why the rest of my response continues to be rejected by this blog, but the rest of the response is not that important.
I received a job offer with an agency after an interview in May 2007, which requires a TS clearance and a polygraph as well. My application was on expedite and the process went quite quickly and I was suppose to receive my TS clearance after about 6 months. I went through the process and my friends, family, and neighbors were all interviewed, but my family back home (in Thailand) never heard anything from the investigators. I received a call and a leter from the agency stating my start date, and after a few weeks they took back the clearance, and they never specified anything. Its now been a little over a year and I’m extremely worried because I haven’t heard back from them… is this common? I spoke to my family back home and they still haven’t had anyone interview them. Is it true that just because I don’t hear anything I shouldn’t expect the worst? The agency is part of DOJ.
Meghan:
Individuals are not authorized access to the database record that holds their investigative/clearance information. Only government and cleared federal contractor representative can access these database records. Regarding sponsorship of clearances, cleared contractors and government agencies can only sponsor applicants for a clearance after a formal employment relationship has been established. This can be as relationship can be as little as an offer of employment contingent on the applicant receiving a specific clearance. Once the written offer is extended, they are authorized to being the clearance process.
Katherine:
JPAS can only show one clearance at a time, but the “history†portion of your JPAS record can show previous investigations and eligibility determinations. If 5 years has passed since your last SSBI or SSBI-PR, you may need a new SSBI to be granted TS with or without SCI. Under limited circumstances it is possible to have a TS clearance and even SCI eligibility (but not SAP eligibility) reinstated between the 5-year point and the 7-year point with the concurrent submission of a new SF86 for an SSBI-PR.
A potential employer will know that you have an “Active†Secret clearance and depending on how knowledgeable they are, they may also recognize that you might be eligible to have your TS/SCI reinstated.
Wondering Mother:
Having a felony conviction is not a bar to being granted a security clearance. Currently the only statutory limitation regarding felony convictions pertains only to people applying for SCI/SAP/Q who spent one year or more in prison because of the conviction (and even that can be waivered).
William:
Thanks for the suggestion wrt contacting my congressman. Are you suggesting that course of action because of the time it is taking for adjudication or for another reason? It seems to me that having my clearance “administratively pulled without predjudice” without providing any insight whatsoever shows a lack of due process.
Would an impassioned yet factual letter from DISCO and/or a Flag Officer level government customer that I support be of any help?
I recently received notice from the FBI that I was found not suitable for a position. I’ve read through the site and have not been able to find what is meant by not suitable. I’m assuming this means I’m not being denied for security reasons. At this point do I have any recourse? Can I appeal this decision? Thanks!
Today I had my poly. I was asked if I had EVER committed a crime involving the police. I had to admit yes…a misdemeanor (Theft by taking) that occured over 20 years ago. I thought the questions only went back 10 years. Will that negatively impact my clearance?
Also, the interview didn’t take long. However, the interviewer got up and walk out and said she would be right back. She said I need to look over this and make sure everything is ok. She returned and unhooked me and let me go. Any thoughts?
Still Waiting:
DISCO/DOHA are accustomed to congressional inquiries and have an established protocol for dealing with them. Inquiries from other sources may not be handled as expeditiously. Obviously mistakes were made and they are taking entirely too long to resolve the problem.
Greg:
No, there is no established appeal process for not being selected for employment. Some agencies like the FBI have higher standards for employment selection than the national standards for security clearances.
Worried:
A 20-year-old misdemeanor without any aggravating or complicating factors, should not be very significant, provided you were honest during the pre-test phase of the exam. The question on the SF86 for a TS clearance regarding misdemeanor offenses that do not involve alcohol, drugs, firearms or explosives for a TS clearance only go back 10 years. Sometimes during interivews, questions are asked in a much broader way as a threshold question. When there’s an affirmative response, the investigator then get the details to rule out things that should have been listed on the SF86.
Curious… –
Perhaps your security officer meant that your investigation is in, but that adjudication is still pending. If not, congrats.
I know personally for a fact it is possible to have the SSBI part completed in 2-3 months, with an average adjudication of 1-3 months.
The personal interview is not necessarily the last interview to be conducted. However yes, it usually happens after they have developed some references/information so that you have a chance to rebut.
A lot of it is luck with the paper shuffling between departments.
4-6 months is rare IMHO, but possible.
Sonia:
You recieve a LOJ, when your agency determines your positions eligibility/access is no longer needed/required or loss of employment.
You can have your requesting agency, by your request, have your investigation continue. Due to future need… (You plan to continue working where it would be required to maintain eligibility)…
If you were going to be denied access (SOR, etc…) Your access would have been suspended and the investigation would be allowed/continued for “Due Process”. That does not mean you would still be allowed to work without special circumstances afforded to you…(If possibile, many times not so much)
You can not request any eligibility action, the requesting agency must request/inquire for you. I would have your (ex)company inquire as to; Why the LOJ? It may have been entered into JPAS in error?
I hope this helps?
edge141
Hello, I have been reading the forums for hours and there is a lot of great information that has been presented. I am currently going through a TS clearance investigation. My interim clearance was denied however, they are keeping me onboard until the final outcome. I have work with the same agency through 3 contract companies for 3 years and they haven’t even complete an 85 (Trusted) on me yet. I got a copy of both 85’s that I submitted each year prior to this. After they sit on a shelf for a year and they got sent back to me. My only worries are I filed Chap.7 around 3 years ago and have been outstanding since, it was discharged 2 1/2 years ago. The main reasons were medical and extreme reduction of income of a small business that I have. I got my job right after we filed, I had no clue that this was even going to be offered to me. The only other thing is delayed tax returns filed because of previous bookkeeping errors that affected me personally as well as the company which is a C corp. Even with the late filings I am current with everything that I owe finically and tax related. All of my personal filings have been filed and paid. The accountant is still correcting the books for the company so that 2007 can be filed. Besides for that, I’m a rose…My questions are
A. Based from the information in question, would you say that I have a poor/fair/good chance obtaining the TS?
B. Will they hold the company against like double jeopardy when it’s actually its own entity being a C corporation?
Thanks and this is a great service that is being provided to assist us through this tense period of our lives.
Thanks William and Investigator for responding to my question! I will share this information with my son!
Andrew:
Consider yourself lucky to have received a Secret clearance, even though it may not be transferrable to another agency because of the waiver. The existance of a waiver is one of the exceptions to the rules regarding reciprocity of security clearances within the federal government. It does not mean that another agency is prohibited from accepting the Secret clearance granted to you by the Treasury Department. It means that they don’t have to accept it. Even if you received a clearance without a waiver, it would still terminate when your internship ends. A clearance is granted with a waiver when substantial issue information exists that would normally preclude being granted a clearance, but the benefit of access (to the agency concerned) clearly outweighs the security concern. It is doubtful that they will reinvestigate and/or readjudicate your case during the term of your internship.
If sometime in the future (after your internship is over), you again apply for a position that requires a Secret clearance, you will probably be required to at least submit a new SF86 (or possibly an SF86C). The government agency considering this new application could grant a new clearance based solely on the application or require a new investigation. In any event the more time that passes the better your chances of getting a regular clearance.
Thanks for your response and explanation of what the waiver means.
I didn’t state very clearly what stage that I’m in in my last post. I was offered the internship – but haven’t begun the investigation process for clearance. I was just told by the people at Treasury I interviewed with that I would need a secret clearance and it should take only 3-4 weeks because it would include a waiver.
So I was just wondering what my chances are of getting the clearance – if the waiver would act as a compelling need that would outweigh the security concern by my previous drug use.
Thanks again,
Andrew
GREG–Suitability is a determination made by OPM or a delegated agency who has received authority from OPM, to determine if you are suitable for federal employment. You need to read the Code of Federal Rugaltions, specifically — 5 CFR 731 “Suitability” depending on your status (applicant, appointee, employee.) You may have appeals rights under MSPB.
Hi,
I am currently awaiting a secret clearance from USAID and haven’t seen anything related to that agency here. They have their own investigators, and I’m wondering if anyone here knows anything particular to USAID and its processes?
I have a Question? I have an opportunity to get a job as office support at a federal air marshall office. My credit sucks, I dont have much money in the bank. I was prior Marine ( honorable ). No criminal history.Credit card bills that i just now started to work on. What are my chances in getting this job ?( secret clearance needed). I have a job now that pays ok, but I want more.I dont want to leave and then be turned down and not be able to get my old job back..I was involved in something not too serious but was never caught I was drunk for the first time in 5 yrs and I did something dumb. I am affraid that if they run finger prints I may be there. Any help would be good.
Andrew,
Sounds to me like someone in the personnel office at Treasury has been eating tainted mushrooms. Three to four weeks for a Secret clearance does not seem possible. Interim Secret clearances can be granted in a matter of days, but not if there is significant issue information present in the SF86. Also, it sounds as if under Treasury Department policy, you need a waiver from someone in their personnel office just to apply for the position and/or the clearance. Actually the “ballpark†period of abstinence for frequent or regular cocaine use is 3 years.
“Compelling need†will not be a consideration in your case, because you are applying for a collateral clearance and it’s for an internship.
Greg:
Regarding CD/CDL’s reply to your question, unfortunately 5 CFR 731 applies only to “competitive service” positions. All positions in the FBI are “excepted service,” so 5 CFR 731 does not apply.
Would love comments on my situation.
4 years ago when I was 19 I got in a stupid fight and ended up getting a felony assault charge. Anyway, the charge was reduced to a misdemeanor assault, and I never went to jail but had a year of probation. Since then I’ve finished an engineering degree and gotten married. I have great references, and decent credit. What are my chances of an interim and final Secret security clearance.
I have an active TS/SSBI…
Why am I having difficulties getting a job that is TS/SCI..Please explain the procedure for obtaining this..
Besides the usual.. Having the contract vehicle that can put you in for one..and the general read on..
Why do people say it can take from 24hrs to 5 months to obtain..I can understand if you are placed in for CI Poly or Full Scope Poly….but SCI.
If my full background was done, which took only 5 months from beginning to end (Clean). My assumption, this is the meat and potatoes of a clearance…
Soooo what’s the beaf…
Cdog:
Every jurisdiction defines assault differently, but generally an assault is an attempt to commit battery. If you unlawfully touched another person intentionally, it is usually assault and battery (A&B). The distinction between a felony A&B and a misdemeanor A&B usually depends on the victim (i.e. public safety officer) and if a weapon was involved. If neither a weapon nor a public safety officer was involved and there were no other complicating factors, your chances of getting a final clearance (at any level) are good, because of passage of time and your more recent good behavior mitigates against future unlawful conduct. Interim clearances are more difficult to predict, because decisions for interim clearance can be made by government security personnel who are not trained adjudicators, and whose decisions seem to vary widely from those of trained adjudicators assigned to Central Adjudication Facilities, such as DISCO. You can improve your chances of getting an interim clearance by including as much mitigating information in your clearance application as possible.
vascott:
Since there is no statistical data publicly available on the time it takes a person with a active TS clearance to receive SCI eligibility, the time quoted by other people probably anecdotal and varies widely between sponsoring agencies. SCI has three sensitivity levels: 1) SCI without polygraph, 2) SCI with CI-scope poly, and 3) SCI with Expanded-scope poly.
If an applicant with an active TS clearance (granted without any “exceptionsâ€) does not have any non-US citizen immediate family members, the only other hurdle is passing the appropriate poly exam (if any) and having their case readjudicated for SCI eligibility.
Mr Henderson,
I read Greg’s post about the FBI suitability determination, and your reply to CD/CDL’s comment regarding possible appeal recourse for an unsuitability determination, and finally your most recent post. What’s the difference between Federal “competitive” service and Federal “excepted” service and why is a competitive service suitability determination capable of being appealed via the MSPB versus the excepted service?
Thanks!
JB
JB:
The short answer is because it’s the law.
JB:
It’s my understanding that the law and the former Civil Service Commission (now known as OPM) were created to protect federal competitive service employees from the “spoils system” and other forms of political influence. Excepted Service positions exist, because the government needs to be able to react quickly to changing conditions and not restricted in their hiring and firing for certain positions. Most IC positions are “excepted service,” because of the need to adjust staffing rapidly when there is a change to the intelligence/terrorist threat.
In the non-goverment sector excepted service is similar to “at will” employment and competitive service is similar to employment covered by an employment contract or collective bargaing agreement. These analogies are probably not entirely correct.
JB:
Sorry for the truncated post, but I’m occasionally having trouble posting responses in their entirety.
Hi, I currently hold a secret security clearence in the US Army, I intend to put in for a TS in the next few months and I was wondering the probability of getting a clearence based off of my past credit history and criminal history.
1. Charged and convicted of a DUI in October 2001
2. Multiple writeoffs and colections, most over 5 years ago.
3. High debt to available credit ratio.
4. Written a ticket for disorderly conduct in December 2001, issue never settled because I requested the court date moved, the court never gave me a new date and there is supposedly no record of the incident.
Fernando,
Sounds like maybe what you did is serious as you are “skirting” the point. We can’t give an educated answer without more facts. Nobody here is hunting folks who have legit questions–so I’d recommend a full explanation. If not, and you are scared of being printed–I guess you better stay where you are now. Also, thanks for your service.
I submitted the e-qip forms for Public Trust in July 2007. I was given an intirim clearance and badge.
I have not heard anything on the permanant clearance, and none of my references or contacts have been contacted yet.
What is up with that? Is a year or more normal? How do I find out the status?
My credit is Excellent per Experian, no history of drugs or alcohol problems, no criminal issues, and just one speeding ticket.
But, you never know what a former girlfriend, neighbor or employer might say. If they go back to my 11th grade humanities teacher – forgetaboutit.
I have many certifications from on line FEMA Classes but I don’t think I listed that in Education. Should I have?
I need some help. The timing on my situation is such that I will have to make some decisions before having all the facts in. Seems like there are some smart folks posting here who have been in the business a long time. You guys probably can tell me in advance what i would eventually find out anyway. I’ll try to post short.
Career military aviator, have required and held ts/sci for 5 years, secret before that for 6 years. “Wet reckless” in ’01 (walked in on now ex-wife) — totally honest w/ everyone about the whole deal. Has never been an issue. Late ’07 on-base MP stakeout of o-club they pop me for another dui (one side of parking lot to the other…yeah – i know), i’m straight with chain of command about it, but pretty angry because the base sends it out in town (“make an example of me”) – still fighting it w/ lawyer, should get dismissed soon (but DMV appeal failed). Military O-6 shrink didn’t even send me to the (usually) mando classes, “get out of here, you’re already getting hosed, you don’t need classes” Operational chain fully supports me, administrative chain wants to hang me. so they sent me to iraq to use my skills in other ways and get me out of harms way (at least that’s how i look at it). no damage to people or property on either “incident”, cooperated fully etc.
my 5 year TS/SCI is waiting only on the interview when i get back. supported by chain with reports and all that, kept and using TS/SCI right now. All else in my life “good”. no probs credit, crim, great work history, great references, great family etc. Doesn’t get much more all american. i just flat out screwed up … ok, twice.
i’m trying to get out and get a job with customs. i don’t understand their clearance levels but i think it’s equivilant to a secret that i would need. am i going to bomb out on their BI? if so, i can’t risk my family food money and make the switch. but i really WANT to switch over so i can keep serving my country … but go home more than 2-3 months a year.
This got so long – i’m sorry, this is a biggie for me. Thanks very much for your time.
INVESTIGATOR
I have a quick question for you. When someone is under investigation does the investigator work on the same person until he is done or do you guys work on several people at a time. I was just wondering because the guy that is doing mine was like on the ball talking to people for about a week but hasnt talked to anyone in the last 10 or so days and I know he isnt done. Thanks
Mack,
Background Ivnestigators work on many cases at one time. For example, for the month of May I was working on close to 50 cases. Now keep in mind some of those cases I had the entire case, some I just had to interview the SUBJECT for the PRSI or SPIN, others I just had a residence or employment to cover and yet others it is just a court record I had to obtain.
What may have happened in your case is that your investigator may have gotten some top priorty cases which needed to be finished by the end of the month and yours is not on that list so yours was put to the back burner.
Also he/she may be done with your case. I have been able to knock out cases with many items assigned to me in one day. This does not mean your case is completely done because other investigators may still be working on your case in other parts of the country if you worked and lived in various locations within the coverage time frame of your case. An investigator does not have to call the SUBJECT to let him or her know the case is done. In fact a good investigator will only talk with the SUBJECT one time and that is during the PRSI. At the end of a PRSI I let the SUBJECT know that after I complete my portion of their case I have no knowledge as to what the status of it is so they should not call me about it, yet some still do.
Mr. Henderson,
You have that problem too. There have been times I have type up a long detailed response and then when I click on submit it does not come up. I guess there may have been words in my response the system did not like.
I got a question for anyone, I am gov. contractor and I was also deined my interim secert clearance. I ask my security person at my company and that said they have no idea why…they just get a yes or no from the branch that I’m working at or from OPM. they also told me that they do not a way for me to request the reason why on a interim.
I have a clean past and if something has come I need to know about it. They did not fire me yet and they are going ahead with the full background investigation.
Does anyone know how I would go about requesting the information that they made the interim decision on???
Thank you for any help!
OPM previously known as the Civil Service Commission was created as a result of President Garfield’s assassination. The individual who assassinated him was upset because Garfield did not give him a government job.
To anyone that can help,
I am reposting my previous post because I want to make sure the first one came through.
REPOST:
I recently landed a job with an engineering firm and my employment is completely dependent upon obtaining and holding a Secret Security clearance. In the mean time I must get an interim security clearance. I was arrested when I was 16 for Terroristic Threat and Public flase alarm. It was expunged and I am now 25 with no other offenses in any way. I know that Terroristic threat is a Class D felony but I was underage and it was expunged. Will this prohibit me from getting my interim security clearance and my secret security clearance? If it does prohibit me from obtaining the interim I will probably be denied employment.
Would Mr. Henderson or Edge141 be able to explain how marital infidelity is normally dealt with in the security clearance process? It was a long time ago when I strayed and I already went through the painful process of telling my partner what happened, but naturally I did not tell him every nitty gritty detail. Hardly anybody knows but the two of us and of course the marriage counselor who helped us through our difficult time. Will the investigator who interviews me ask questions about something so personal since it is a very intimate matter and there is no possiblity of blackmail given that my husband has already been told? Will this cause a problem if I am asked about it or does it not matter so much now since my husband knows? Will they ask very personal and private aspects of what exactly happened or just “when,” “how many times,” “why,” and more general questions? Will the investigator need to interview my husband to confirm that I told him what happened? That would be acceptable to me, but naturally I would hope they would not need to do that, since it would open up some old wounds and we value our personal privacy.
Last year, I was offered a spot in the CIA’s summer program. After being told that I had passed the poly, and after the BI began, I received a letter saying that I was unsuitable for the position, but that this did not constitute the denial of a security clearance. The letter I received did not give any hint of what the problem was, so I’m not sure what the issue might be. Two possible ideas: I have some limited foreign involvement (judging from the experience of others I can’t imagine it was enough to matter), and underwent a very unsettling standard interview with a CIA psychiatrist. Beyond this, I’m puzzled; I’ve lived a very clean life. I filed a FOIA/Privacy Act request, to which I’ve thus far received no response.
Since then, I’ve received offers from three other agencies. Two seem to have taken no action to begin a BI after receiving my forms. The third offer is from the FBI. I passed their polygraph, and I know that my references have been contacted for the BI. I also recently received a request to re-supply information (that I think was on the SF-86) about my prior government applications and investigations.
For the record, I’ve been completely forthcoming in all my investigations.
My questions:
– Does the fact that I received an ‘unsuitable’ determination from CIA tell me anything as to what the issue might have been?
– Will the fact that this occurred cause me problems with my current FBI clearance investigation?
– If it does cause problems, will I ever receive a SOR, or find out what the issue is?
– In general, will the FBI provide an SOR or something similar to those people it’s not going to clear?
– If the CIA’s practice of using unappealable ‘unsuitability’ determinations rather than simple denials is an end-run around the legal requirement to provide a SOR, and if this disqualifies me in practice from other jobs, what if any recourse to I have? I just want to work, or know why I can’t; the uncertainty of it all kills me.
Thanks so much for your insight!
Whoa Nelly,
How long ago did this occur? Do you feel you could be blackmailed, coerced or exploited regarding your infidelity?
Investigator,
It occurred a little more than four years ago. No, I do not feel that I could be blackmailed, coerced, or exploited in any way at all regarding my infidelity.
Thank you again for sharing your insights.
Nelly
Whoa Nelly,
Technically there is no question on an SF-86 wich asks if you have ever been unfaithful to a spouse or significant other. There is a counseling question but investigators are very limited on asking any follow up questions to a SUBEJECT regarding that question. The investigator should ask you in your interview about any reason to quesiton your judgement, your honesty or your integrity. This is where your infidelity issue may come to life so to speak. If I was your background investigator and you admitted to the infidelity I would follow up but very cautiously. I want to know if you would ever do anything else to question your judgement, honesty or integrity especially since you may be dealing with national security matters or classified information for your job. I would also want to make sure you could not be blackmailed, coerced or exploited because of it because of the information you may be handling for your job. The questions may become some what sensitive during your PRSI but keep in mind when sources are interviewed the questions are general and unless a source mentions the fact that they know you committed the infidelity then an investigator can not specifically ask them “What can you tell me about XXXXX infidelity?” if they do they have violated your right to privacy.
This is a great blog, thanks to the contributors.
I am a law student thinking about a summer internship with the White House. Does anyone know what sort of security investigation is involved with summer internships like that?
I’m a little nervous because I was browsing over SF-86 and there is a question about seeing a mental health professional – which I have on occasion for some general depression. Will that disqualify me?
TR:
There are only two statutory grounds for denial of a collateral security clearance: 1) Current user of illegal drugs and 2) Mentally incompetent person. For Special Access Programs there are two more: 1) Convicted of a felony offense resulting in incarceration for a term exceeding 1 year and 2) Discharged or dismissed from the Armed Forces under dishonorable conditions.
All other issues can be mitigated. Prior mental health counseling is probably one of the least frequent reasons for clearance denial.
I suspect that there are a variety of White House internships with different clearance requirements, but I don’t know for certain.
James:
The FBI uses a two-step adjudication process. First your case is adjudicated for employment suitability. If that is favorable, the case is sent to their security office for security clearance adjudication.
Determinations for employment suitability and clearance eligibility are two completely separate processes at some federal agencies. My area of knowledge is limited to security clearances and public trust clearances. Sorry I can help.
Robert:
See my response to TR (above). What the adjudicator needs to know to make an informed decision about an interim clearance, is what you did. To improve your chances of getting an interim clearance, you must provide as much mitigating information as possible in your clearance application form or attached to it as an addendum. If you only list the name of the offense, the date, and the disposition, you leave the adjudicator guessing about what happened and whether it might happen again. Nine years is a long time and will significantly mitigate the offense, but terroistic threat sounds pretty bad, so you need to provide more mitigation.
John
Don’t worry about the year timeframe. A Public trust on many occasions takes that long. There are alot of reasons, but none to worry about. The case may be low on the priority list now, but someone will contact you.
Thank you very much for the response, Mr. Henderson, that was very reassuring.
Does anyone know what sorts of security clearances are required for short 3-month White House internships? I suppose it would depend on the office, but would they really have the resources to go through Secret or TS for all their interns for such a short period of service?
Mr. Henderson,
Thank you very much for the reply. I have a few questions if you have time. First, how does one go about attaching an addendum to their application for security clearance. Thus far, my employer has no knowledge of my criminal record and I planned on only disclosing this information on my SF86. Second, when trying to mitigate this offense should I state certain information eg. I chose to do my community service at an Army Armory, completed all other requirements quickly and without incident? Thank you very much for your time and sorry for the multiple posts earlier.
Robert
TR,
It would depend on the office you work at in the White House and what type of information you are handling. I did a college internship with the Diplomatic Security Service and they just did a NACLC check. I was not authorized to handle any classified or sensitive information during my internship. Last Spring I did a Background Investigation on an individual doing a Summer internship with ICE and it was a full SSBI. It just depends. They have the resources and the money to do what ever type of investigation they choose .
This is copied frpom the new April 2008–5 CFR 731 effective June 16, 2008. This proposal will become regulation on that date. OPM does have some control over excepted service suitability.
“OPM proposed to amend the regulations to provide that part 731 also applies to persons who can be noncompetitively converted to the competitive service because of service in their excepted service positions. OPM noted that the expansion of the regulation’s scope to include suitability determinations of persons applying for, entering, or employed in the excepted service when that appointment can lead to their noncompetitive conversion to the competitive service is
consistent with OPM’s suitability authority. The process for employing this limited group of persons in the competitive service is a continuous one, beginning with initial appointment to the excepted service and ending in (noncompetitive) conversion to the competitive service. Because these persons can (and most do) enter into the competitive service as a result of their excepted service appointment, albeit through a longer process than others appointed directly, they
should be treated in the same manner as those appointed directly, including the same review of their suitability for employment. Already, under part 302 of this chapter, persons in the excepted service are
subject to investigation and disqualifying factors similar to those found in part 731. OPM believes that procedural protections should be extended to this limited group of persons in the excepted service.
Was I suppose to direct my questions to a certain person? Thanks
RL,
Your question sounds like it is more of an adjudicative question. I can only answer investigative related questions. Hopefully another contributor can help you.
Do investigations focus only on the people listed as references and contacts on the SF-86 or do they tend to branch out furthur? Do investigators generally start with people listed on the SF-86 and then ask those people for furthur contacts? This is all very fascinating, I’m just wondering how deep these investigations go! I suppose the level of clearance matters – how about for Secret v. Top Secret? Are polygraphs always required for Top Secret? Thanks!
RL:
I would guess that “Yes”, if you were one of the heads of the company… they would look at you about being the responsible party (or could be) for the back taxes etc…
It appears to me that your other personal financial difficulties could be mitigated… They still don’t like the back taxes thing… I would bet, that has been placing a monkey wrench in your investiagtion/adjudication.
I hope this helps?
edge141
Hello. I have been watching and reading this blog for a while now. Thank you so much contributers!
I have been hired by a contractor to work for DOE. My new employer advised it would only take two months for me to get a Q-clearance. I even received a tentative start date two months after my interview (which has already past).
I finished my E-Qip three months ago. My past is pretty benign… small credit problems (resolved) and some counseling. But really that’s it.
My question is… does my employer know something I don’t? From this blog, it appears that two months for a Q-clearance is totally bogus… right? Am I naive? Should I have heard something… an investigator or something?
This is my first time ever going through anything like this. I’d appreciate any insight you all may have.
I am interviewing with a company that requires an L clearance. Due to medical bills my insurance company refused to pay for; and due to the fact that when I attempted to make payments toward the balances with payment being refused; the items are on my report. How adverse of an effect will this have on my obtaining the clearance? Any help you could give me would be greatly appreciated.
Deb:
Can’t help without additional info. How many accounts, how much money, and when did accounts become delinquent? What other actions did you take to repay these debts? Why did insurance company refuse to pay?
Angela,
Investigators only use the references listed under the “People Who Know You Well” section of the SF 86 or SF 85P if they have to. As investigators we really do not want the SUBJECT under investigation to determine who we talk to. As for the verifiers listed for Residences and Educations we use them as a stepping stone if they can actually cover the residence or education listed on the case papers. For the Employment section a supervisor is to be listed and we will want to interview them as well as co-workers.
Each case type has different coverage requirements that an investigator must follow but I feel those coverage requirements are sensitive information so I am not going to provide them in this public forum.
Polygraphs are not required for all Top Secret clearances. I have one and have not had a polygraph.
Misha:
Two months for a Q is nearly impossible. Even a priority SSBI (investigation for a Q) takes at least 2 months, usually more. A standard SSBI takes about 9 months. Adjudication takes another month. DOE does have an Accelerated Access Authorization Program (interim Q clearance) that involves a polygraph exam and some other stuff that can be completed quickly, but someone has to justify it and you have to agree to it.
If neither you nor any of your friends, neighbors or associates have been interviewed by an investigator yet, you probably have at least another 2 months or more (possibly much, much more) before your clearance eligibility is decided.
Angela:
An unexpanded NACLC (investigation) for a Secret clearance doesn’t involve any reference interviews. An unexpanded ANACI for Secret clearance uses written inquiries to listed references and for some records checks. An SSBI for a TS clearance requires a certain number of reference interviews by venue (neighborhood, employment, education, social) covering a certain period of time according to venue type. At least 2 of the social references can not appear anywhere on the SF86. Many investigators interview work references and a couple of listed references and get names of other potential developed references from them. This isn’t always possible. For instance when investigating a military serviceman at a location where the serviceman was 2 or 3 years ago. So the investigator must rely on area knowledge and be rather resourceful. At my website (click on my name above) I have posted a couple of chapters of my book, Security Clearance Manual. Chapter 1 provides a detailed explanation (scope and period of coverage) of the different federal security clearance investigations. There is also an excellent security clearance FAQ (if I do say so myself) at https://www.clearancejobs.com/security-clearance-faqs
Angela:
Polygraphs are never a standard component part of an investigation for a collateral TS clearance. Polygraphs are required for certain Special Access Programs.
John:
Which eQIP form did you submit SF85, SF85P, or SF85PS? What level of Public Trust position? Which federal agency?
The reason I ask is because an application under HSPD 12 can be mistaken for a public trust clearance. Also, depending on the Public Trust level, references may or may not be interviewed, but you probably would be interviewed.
StuckInBigDusty:
If it were simpy a matter of transferring a security clearance from military to federal service, there would probably be no problem, since trained adjudicators have reviewed the reviewed the “unfavorable information reports†that were submitted on you and left your clearance intact. But you also have to contend with an employment suitability decision and possibly a Public Trust determination, which are both separate from the security clearance. For employment suitability, it seems to me that a job involving flying aircraft probably has a much lower tolerance for alcohol-related incidents. Sorry but there just isn’t any public information that I know regarding employment suitability or Public Trust determinations of that can be of any value to you, because the standards vary so much from agency to agency, unlike security clearance determinations which are based on a national standard.
Tom:
If you are a DoD contractor employee, your clearance is processed by DISCO, investigated by OPM and adjudicated by DISCO or DOHA. DISCO ususally makes a decision on an interim Secret clearance within a matter of days based on the information in your SF86 and credit report. They don’t give a reason for not granting an interim clearance, but it is usually fairly obvious to the applicant because the applicant should know if there is any unfavorable info in the SF86 or credit report. There is no way to force DISCO disclose their reason for not granting an interim clearance.
Have you reviewed a recent copy of your credit report? Have you checked with your company FSO to determine if your investigation was opened at OPM? If the investigation has not yet been opened at OPM, then there is some other problem.
Robert:
Someone in your employer’s security office will review your SF86 for completeness, so he/she will know everything you put in it. He/she is not authorized to disclose this information to anyone in the company not directly involved in processing your clearance application. I recommend a typewritten explanation of what happened and why. There are 3 mitigating factors in the Adjudicative Guidelines (covered at paragraphs 32(a), (b), and (d) which may apply to you. An example is: the person was pressured or coerced into committing the act and those pressures are no longer present. If this factor applies to you, you need to explain what influenced you and why that influence is no longer present. Paragraph 32(d) addresses rehabilitation and includes remorse, restitution, good employment record, higher education, constructive [voluntary] community service. Read Guideline J of the Adjudicative Guidelines and let the wording of paragraph 32 guide you in preparing the addendum to the SF86. Give the addendum to your employer’s security officer and ask him/her to submit it to the government office that will decide whether to grant your interim clearance. If you use eQIP, they can send the addendum separately. If you use a paper form, they can just attach it to the SF86. I’m not sure doing community service at an Army Armory is anymore significant that working at the SPCA. If you completed the terms of probation promptly, mention it briefly.
CD/CDL:
Interesting. I didn’t know 5 CFR 731 was being changed. Do you know who is included in “this limited group of persons in the excepted service.�
Sounds like they are referring to people appointed under VRA hiring authority. If you are hired using VRA appointment you are in the excepted service for 2 (or 3?) years, then convert to competitive service.
William Henderson
I submitted form SF85P to work as a FEMA Public Assistance Infrastructure Contractor. I believe it is for Public Trust / Moderate Risk.
I have been working as a FEMA Contractor since the 2004 Florida hurricanes.
I had previously undergone background checks and been fingerprinted for assignments in FL, PA, and NY. This was the first time I was required to submit the 85P form.
I appreciate your insight.
I have had a clearance (DoD Secret) for about 7 years. I have had several job in that period, 2 of which I was let go from. 1 I was fired from due to substandard performance (I was just no good at this job). The other one I was let go from because they thought I was just not a good fit and was still within the 90 trial period. It was also a tiny company and they wanted to move my salary to other projects. In either case their was no issue with gross misconduct (stealing, looking at adult sites at work, etc). Would this have any serious effect on my reinvestigation?
Also do I need to apply for reinvestigation 10 years after the start of my first investigation or 10 years after issuance of final clearance and does the reinvestigation go back 7 years like the original or does it go back 10 years.
I have a friend who is a DoD contractor with a TS clearance. A few years back he had a bad break up with a girlfriend. She accused him of molestating her child. After interviewing all parties involved the local police found the accusations unfounded and the matter was put to rest. As a result of this unfortunate and scary incident, he has some issues as far as having another relationship is concerned. I have urged him to go seek professional help to understand his lack of feeling as far as personal relationships are concerned and to help him work through that traumatic incident. He refuses to go saying that if he seeks professional help, it will effect his clearance. Will him seeking help interfere or effect his clearance?
edge141
Thanks for the response. Just to claify, there are no ouststanding back taxes, just late returns being filed because of the booking issues. All of the taxes are paid current to this year.
My iterim was also denied and no information was given why or how I could find out from my company. Do you know where I should start to find that information or should I just lay back and wait the uncertain clearance ride out for however long its going to be? I only want to ensure that it is acurate.
Thanks again for your insight….RL
https://archive.opm.gov/hr_practitioners/lawsregulations/appointingauthorities/index.asp
This site includes many who convert noncompetitively from excepted to competitive status through interchange agreements, etc. And yes, VRA is one of the groups, but there are many others. For example, many Schedule A and B Excepted Service people convert after their “Trial period” in excepted.
CD/CDL:
I should have been more precise in my question. Because some people on this blog are getting rejected for employment suitability reasons at IC agencies, are applicants for excepted service positions at IC agencies currently entitled to the right to receive a written statement of reason for not being suitable and the right to rebute?
William,
IC agencies do not issue SORs to applicants denied employment on suitability grounds. Letters that inform candidates of unsuitability may offer the applicant a chance to reapply noting that many factors that lead to this unfavorable determination can be mitigated by the passage of time. Listing issues in an SOR could also reveal classified information about budgets and staffing levels, so the applicant is informed vaguely. Appeals can be made for clearance denials, but positions are not held open during the appeal.
James,
Your unsuitable determination will not be made clearer. Read your offer letter and packet closely. They mention reasons for unsuitability determinations that may have nothing to do with you or your security processing. Sometimes reasons may be classified. You should be congratulated, though, for making it so far in a very rigorous hiring program.
Unsuitability shouldn’t be a problem with your FBI security investigation. Since you indicated that your BI had begun elsewhere, I think you have to list that on question 26 on your SF-86. It’s not my impression that the FBI issues SORs for applicants either.
You were found to be unsuitable to work there at that time and under those circumstances… not unsuitable for federal employment. It’s possible someone was cleared before you were. Who knows? Many factors that lead to this decision can be mitigated through the passage of time.
Hope this helps.
Best wishes with the FBI application.
John:
Although there is no statutory requirement for contractor personnel to undergo background investigations for Public Trust positions; when it is required by agency rules the minimum investigation for a Moderate Risk Public Trust position for a contractor employee is a NAC plus credit check. The NAC plus credit check does not involved a Personal Subject Interview or personal reference interview or written inquires. So it possible that your investigation has already been completed and favorably adjudicated based on this type of investigation. I’m not sure if FEMA would necessarily have to notify you about the favorable adjudication, because you already occupy the position. The more common investigation for your position is an MBI. The MBI includes a NACLC, a personal interview with you, and written inquiries to current and past employers, schools, and personal references covering the past five years. Some agencies even require an LBI for Moderate-Risk Public Trust positions, but this is much less common than the MBI.
It’s hard to give you information about how FEMA does things, because FEMA belongs to DHS. DHS and it’s sub-agencies do things differently than most other federal agencies and there are major differences between the different elements of DHS. I don’t know which investigative agency does FEMA’s public trust investigations or which level of investigation is required, so I don’t know if 1 year is common or not.
William Henderson
Thanks for the information.
I have not been contacted, and my references have not been contacted. So, maybe FEMA is only requiring the NACLC.
The SF85P I submitted required the information needed to start an MBI.
Some contractors have told me their references were contacted, and others have said they have not been contacted.
I know that during the initial Katrina Recovery there were problems with many new hires. I heard/read that the volume of new hires created a backlog in background investigation. The background checks were a little lax, and strung out in too many cases.
It was primarliy a problem among the folks working in Individual Assistance, helping homeowners and renters. I did not hear of any impropriety among Public Assistance Infrastructure workers.
We in PA Infrastructure assumed with the newly required SF85P that the background check would be more thorough. But so far, it does not seem that way for the majority of us.
I have a friend of mine who is going through a terrible ordeal. He took a polygraph and failed, and the next day Agency “C” suspended him and had him removed from the compound pending further investigation. He said some things I guess he shouldn’t have, but nonetheless, he’s distraught. He had a security officer check his information in JPAS, and it was still good to go. Does anyone know if Agency “C” will contact DIA and let them know about the suspension? Since this Agency did not adjudicate his TS/SCI Clearance, do they have the right to suspend it? He was contemplating on getting another job since JPAS still has him good to go. Should I tell him otherwise? Does anyone know how long this investigation will take?
I have a question regarding foreign influence. I’m a federal employee working under a waiver because of HR mistake of telling me to report to work before I’m granted a secret clearance. I’m a naturalized citizen and has been living in the US for 32 years. My wife is also a naturalized citizen and has been living in the US for about 15 years. My parents and siblings are all naturalized citizens living in the US (my stepfather is a native born citizen). I have an aunt and uncle who live in Thailand and the last time I saw them was in 1996 when I visited them. Since then I only sent them Christmas cards once a year. My wife on the other hand, has contacts with her parents and siblings in Ecuador by phone on a regular basis. I visited Ecuodor three times mainly for vacation and for the children to see my wife’s family. My wife’s family members and my aunt/uncle do not have any affiliation with their governments. Besides my wife’s and my families, I naver had any contact with any forign person or government officials while overseas. Except for 3 traffic tickets in my entire driving life (about 20 years), I have a clean record, good credit, and an advanced college degree. What is my chance of obtaining a secret clearance? My RSI (Reimbursable Suitability/Security Investigation (subject interview focused on foreigh contacts and travels only)) closed on 25 Mar 2008. When do you think my adjudication will be completed? The CAF is WHS. I have another job offer with the same agency (promotion), but they (Security) won’t let me take the new job until the adjudication is completed. I really appreciate your input.
John,
If it was an MBI, an investigator should have interviewed you and OPM would have mailed questionnaires to references. There must have been a “Hiccup” somewhere along the way. Check with your security person. I suppose it is possible the case could have been downgraded to a NACLC.
Mr Henderson,
The DHS service oriented type departments normally submit MBI’s and some BI’s. I will tell you these cases are slow to hit the field–why? wish I could tell ya but assume priority of case type. One year is very normal.
Marc C:
My exchange of posts with CD/CDL about unsuitability denials started from a 28 May question from Greg. My understanding of the situation is the same as yours. CD/CDL brought up information about a change in the law that will go into effect later this month that may require IC agencies to disclose reasons for unsuitability and provide a rebuttal/appeal process. CD/CDL also mentioned existing law that might apply, but has not specified whether it in fact applies to IC agency applicants.
BW Investigator and John,
I think the reason why MBI’s are slow to hit the field is because if it is a contract company conducting the MBI they are not making any money on the case.
My experience with “suitability” went like this:
Conditional Job offer 7/07
PSI 9/07
OPM Investigation complete 10/07
TS/SCI granted 01/08
Asked to fill out CIA Form 20 (relatives overseas), put down four who were US citizens working abroad
Offerer claimed in 10/07 that the job was mine, no other applicants, Offeror would call every two weeks on status after TS/SCI was logged in JPAS in early Jan. About a month later, calls stopped and my calls to them went unanswered or no return call. I tried for a month and gave up.
The clue I got that things were not favorable was the readvertisement of the billet with minor changes. But I never got any letter of rejection or denial or anything.
William et al.,
Thanks for the interpretation back in Part 7 that my sole Reckless Driving would not be grounds for possible Security denial. I was granted my TS this week! Suitability forthcoming in a few days.
Investigator,
Good point on the MBI’s. I think they only make a few dollars on these cases. I will say, now with the new OPM promises made on quicker turn around, I have been getting many cases about 1-2 weeks after submittal and have been closing them out in about 1-2 weeks. If this keeps up, people may quit calling us names and the process will be a happy one 🙂
Investigator, I had a backruptcy in 2002 chapter7. The house was discharged in the bankruptcy, but it shows up as a judgement. I have bought another house with no problems. will this effect me from getting a sc.thank you
Is it inappropriate to ask an agency what forms and background investigation are required for a certain position if all they say on the website is that applicants will be required to pass a security investigation prior to their start date? I’m just wondering if the form is SF-85 or 86 and whether an SSBI will be performed. Would that be a bad thing to ask? I have a checkered past with marijuana and wouldn’t bother applying if the investigation went back 7 years. I don’t think my mitigating factors outweigh my frequency and duration of use. If the form only asks for one year, like the SF-85, I would be fine because I have been clean for 14 months.
BW,
I am primarily working NACLC cases and OPM is upset because we have been sitting on them for more than 6 months. The reason we have been sitting on them is the same as the MBIs, we don’t make any money on them.
OPM is so upset that we are given deadlines to get cases done and if we don’t then OPM may not pay us for the cases. It is very frustrating when I keep getting harrassed by the powers that be about the status of a casse one week after I get because we sat on it for so long.
Investigator
That might be why my investigator has just mysteriously quit working my case. Are they crackin down all over or just in your area?
Thank You William Henderson. You proved to right. I am awaiting a decision and only responding to activity, when I told a co-worker off 15 years ago. Haven’t done that since, but Since that is the citation I am asked to respond to that is all I am doing. Slander from a job before last, is not good (particularly, when all the other assignments the past 15 years (5 out of 6 have said, he’s a good worker, gets along well…( will have to see how it goes. But, thanks Your words are invaluable once again.) Its all about numbers and your words save alot of people I’m sure. Thank You.
Immigrant:
It doesn’t sound as if foreign influence will be a serious issue in your case, provided you don’t have any foreign financial or business interests. The foreign travel is insignificant. I hope neither you nor your spouse have exercised any right or privilege of foreign citizenship, since becoming US citizens (i.e. possess a foreign passport). Washington Headquarters Services is a very small CAF. I haven’t seen an data regarding their turnaround times. I would have guess at about 60 days but you are beyond that now. I think your chances of getting a collateral secret clearance are good and I think you should receive a decision fairly soon.
Investigator,
I hear ya. As an investigator, there is no slack. I retired after 20 years of military service and, even the armed forces has less pressure to produce. I am still amazed on what they want as far as production–as you know, it is virtually impossible to finish all of the work in a 40 hr work week. I will say, a complete and sweeping reform needs to take place really soon!!! Also, I think it’s contract time again.
Mack,
What happened on your case? What type of a case is it?
Mack,
The crack down is all over the country from what I understand. It just seems like a majority of the cases are here in my area. It is funny I have gotten the nickmame the “Grim Reeper” at the military post I am at all the time. Whenever I walk into almost any of the buildings on post soldiers ask if I am here to see them and they jokingly say “It’s the Grim Reeper”. I am not offended by it. I find it funny.
BW
Nothing really happened on my case it was just my investigator was like all over the place talking to all kinds of people about me for 1 week and then the last 2-3 weeks he hasnt talked to anyone and he still hasnt talked to my parents, sister, inlaws and old neighbors yet. I was happy because I thought he was gonna get it over quickly but oh well. BTW is is for doe Q clearance.
Mack,
Your investigator most likely will not speak with your parents, sister, wife or inlaws unless he or she has to. We try to stay away from relatives. As for neighbors from your previous residences it all depends how long you have lived at your current residence. Even though one is required to list residences for the past ten years on an SF-86 we as investigators do not investigate back that far. How long have you lived at your current residence?
BW,
I have lived at my current residence for one year and they talked to a couple neighbors there already. I dont really know if they talked to my old neighbors from the previous five years because they were all out of town because I was in the military so I am assuming they did. Maybe the reason he hasnt talked to anyone is that he is done? But I dont know he didnt talk to one of my references I put on the SF-86. Is it common to investigate a Q or TS in one week?
Mack,
The people listed under the “People Who Know You Well” section are not necessarily going to be interviewed. Again they are a last resort. If we can find other people who cover your social activities then the individuals you listed under that section on your case papers will not be interviewed. I have done many cases where I have never spoken to those individuals listed.
How long have you been at your current job? Were you previous residences in the same area you live now or were they in another state?
Your investigator may be done with your portion of his/her case if he/she only had a few items on the case.
BW
I have been at my current job about 5 months, he has already talked to my boss. Most my previous residences were out of state, although in the same city. I was contacted by an invest. in the city where I was stationed and they wanted to some info on a part-time job so I am assuming they were tasked with talking to old neighbors down there as well although I didnt even know their names. But thanks for all this info your giving me.
Mr. Henderson,
Thank you for your responses to my situation, Mar 22,2008, 1920 hrs. It has put my mind at some ease. I do, however, have a couple of more questions to ask.
My S-2 submitted my incident report, follow up and completion all on the same day due to the incident happening 5 years ago. That was March 04, 2008, and I assume it went to CCF. What happens now? What is the process from this point? Do I go straight to adjudication or do they start an investigation and it goes from there and what is that process? I am losing out on allot of jobs because my access is suspended, (Secret).
Secondly, is there a way that an organization can hire me with my clearance going through this process? If I were to change reserve units, can my access be reinstated with the new unit?
Any information would be greatly appreciated.
Thanks!
John
Hi, I applied for L clearance 04/09/08, was told interim takes 6-8 weeks. I have a chapter 7 bankruptcy from 2005 on my record, sent discharge papers and all relevant paperwork. On 4/17/08, told E-quip was rejected due to one accidental response. Corrected response and resubmitted 04/22/08. Called HR contact at week 6 to check status on clearance and was told they can’t even look into it until 30 biz days from date security package was received. It has just past the 8 week mark and received phone call from HR wondering if I quit my current job and why I am asking for my start date. ( I have done neither) Is it possible they have me confused with someone else? If my interim was to be denied from the bankruptcy would I of heard something right away? I have had good credit since and no outstanding debts, put myself through college, etc.. How much longer would the interim clearance take?
John:
I thought I explained the process in my previous reply to your question. CCF has three choices: 1)suspend your clearance and request an investigation, 2)not suspend your clearance and request an investigation, or 3) continue your clearance based only on the information in the incident report. CCF should have made a decision about suspending or not suspending your clearance by now. Check with your S-2. If CCF did not suspend your clearance, your clearance should be good at another unit or organization. “Access” is the perogative of the commander. Also if CCF did not suspend your clearance, you should ask your CO to reconsider the access suspension.
I’m currently in the military and have an interm top secret clearance. I was wondering what kind of job can I get when I come home around the MI, MN, or WI area?
Hello
I have read this post and wanted to be clear on a response to “Angela”, W.H. mentioned that a poly in not part of a collateral TS. What does collateral mean in this situation?
I am undergoing an SSBI for TS, does this mean I will not need to take a poly?
If so, can anyone tell me a little about the process? Thanks.
Johnny Boy – see the “Ask your career questions” thread on this blog to get your question answered. Thanks
John,
Glaciers move faster than CCF. You’ll likely be waiting awhile. By awhile, I mean a LONGGG while. They seem to work in terms of YEARS not months. And NO I’m not exaggerating.
-T-
RS
Not everyone who gets a TS will be required a poly. What type position are you in? An SSBI, or Single Scope Background Investigation is the process designed to complete your background. Is this your first clearance? Collateral is a matter of access.
Update.. Just received paperwork for Relocation Assistance, is that a good sign? Or do they send that out regardless of a pending clearance?
William,
I maybe posting this a 2nd time so I apologize in advance. I recently accepted an offer with a company that requires me to get my secret clearance. Everything is fine with me (no drug use, no criminal activity, etc.). Except for one thing, I have a foreclosure on my credit report. It was an investment property with a family member 2 years ago when I was still in college. The family member was a terrible professional who lied to me about the financial issues regarding the property. Basically, I bought the house under my name thus taking all the risk, while he would be the one to find tenants and pay the mortgage. He paid the first 2 months of the mortgage and that was it. After repeated calls that I received from the lender my partner assured me that it was being taken care of, by either putting it on the market or finding tenants. Eventually I checked my credit report after one of my credit cards limit was decreased substantially. I found that my property was in foreclosure and my partner had missed the last 6 payments. It is now 2 years later and I believe the bank has sold the property and I don’t owe anything to the bank because I have not been contacted in regards to it. I was recently not granted “Interim Clearance” probably for this reason because I checked the boxes stating that I had delinquent accounts in the past 7 years. Will this affect my for my final Secret Clearance. Please let me know ASAP because I am very worried about this. I had to leave the client site after being notifed that I was not granted Interim Clearance and now I am back at the office, sitting and waiting. I don’t want my terrible relationship with this particular family member be the cause of losing out on a great job at a great firm. Please help me.
Thanks,
AD
Hello
In response to B.W.: I have been offered a job with the NGA (Intelligence), I do not have previous clearance and my job offer is contingent on the TS clearance.
I am asking about the poly b/c I have not been told whether or not I will need to take one, only that I might need to.
I dont know anything about taking a polygraph and was wondering who must complete one, and what is involved? Thanks!
RS,
Strong possibility you may need a poly. There is really nothing to be concerned about. If you need one, you will meet with the polygrapher and the process will be explained. Just answer as truthfully as possible. Poly’s can be somewhat stressful to some, but remain calm and you will do fine. The full TS you need will take some time to complete. The more time spent in one area–the quicker it will get done. The best way to understand a poly is to talk to a polygrapher. Try calling your local Sheriff or Police and see if they can refer you to theirs and just try to ask questions–I’ll bet you will find someone willing to answer. Alot of folks on this board have been through poly’s and may help. I have a TS, but have never needed one. I have used assistance from polygraphers when I was a criminal Investigator, but I am in no way an expert on the actual workings. I wish I could have been more help on the poly, but the answer better left to the experts.
B.W.
Thank you for the reply. It does seem like a scary process but I suppose many people must go through it each year.
Just an update in case it might help someone looking for a clearance, my full clearance took about 9.5 months…I guess I am one of the lucky ones. My timeline is below. Thank you for the helpful responses. This blog has been very helpful.
Clean SF86
Submitted paper through e-Quip – 8/25/07
Receive Interim Secret – 9/5/07
Receive Interim Top Secret – approx. 11/01/07
Receive Top Secret – 06/08
I would like to know what questions can be asked on an employment application, relating to a security clearance questions?
Such as Do you have a security clearance?
What type of security clerance?
Also if you can provide me with a reference to your answer.
P.s. Job does require a security clearance
Hi, I currently work for Customs and Border Protection and during my periodic background check a local(city) record was discovered by the investigator. This was a surprise. I had been stopped and questioned (OFF DUTY) by the local police regarding an allegation my daughter made in school (assualt about 7 months ago). I was stopped in my vehicle, asked to step out,read my miranda warnings,questioned and released. I was not arrested, charged or cited and the report/case was CLOSED/UNFOUNDED. My case is back east in adjudications. I am fearful that I may not get a clearance as a result of this. Also, I am currently seeing a psychologist as a result of a shooting incident back in 2000.This medical issue surfaced after my case went east. How serious is all this going to be? I have 20 years of loyal service and an unfounded report. Since I wasn’t arrested I did not think about notifying Internal affairs for an off duty allegation made by my 5 year old daughter. R/S Jeff
AD:
I would check your credit report(s) and with the mortgage holder about any balances that you owe… Because Yes, it will effect your eligibility if you have a large amount of money in total bad debt…
If you owe money on bad debts, it will help greatly if you contact the lender and make some sort of effort to make good on the debt…
I hope this helps?
edge141
joilyn:
I don’t really understand your question but,
If the position requires a security clearance, many company’s will ask if you have a current eligibility or if you have had a security clearance in the past, as a sort of a preliminary questioning. Then they will have you complete the appropriate security clearance questionnaire for the investigation and adjudication.
I hope this helps?
edge141
Jeff:
I would recommend to everyone; to report anything that has to do with contact of any law enforcement officials… then let the investigators and or adjudicators clear it up… this way it does not look like you are hiding anything. Just report the contact/incident and the no arrest / unfounded, etc… Without being arrested, and only one offense or any simular incidents, you should be fine.
Also, I hope you reported the current treatment and the shooting in 2000? If not, This can ALL be very serious towards your present and furture eligibility.
I hope this helps?
edge141
Edge141,
Thanks for your reply. I don’t think that I owe them anything because they haven’t contacted me or anything in over a year and the house has been sold on auction. But on my credit report it still lists the property as “foreclosed” with the balance. Do you think this is a serious problem? I thought I would be able to explain this in full to the investigator as I’m sure I will be questioned about it. Everything before and more importantly after the foreclosure is clean with no delinquencies.
I will make sure to check again with the lender to make sure it is in fact sold and I don’t owe anything.
Thanks for all your help and I really hope this works out in the end for me. I really enjoy my job and I don’t want to have this end it for me. Let me know what you think.
Edge141,
Correction: I just checked my credit report again and it shows $0 balance on the foreclosed property. So I guess it’s safe to assume that I don’t owe them anything and they’re not requesting anything from me as well. You think I’ll be okay?
I know someone who has been kicked out of the Navy for alcohol abuse. He still drinks and goes to work smelling like a bottle. I also have a clearance but I was told if I know this is happening I need to turn this person in but I dont know what to do. When this person goes on travel for the company he gets drunk and gets out of hand. What do I do?
I was convicted of a FEL DUI 3RD OFF W/in 10 yrs and was Sentenced to 3 yrs but only had to do 6 months in 2005 and had a Drunk in public in 2002 which was prepaid and a few minor driving infractions in the past 10 years. The other 2 DUIs were over 10 yrs ago will this prevent me from getting a interim security clearance. If so, will I ever be able to get one? Please help me before I make a fool out of myself for trying.
Thanks for the response,
I have one last question to anyone who knows. I was told today that I have an adjudicated NACI w/ credit clearance. What is this type of clearance and does it improve my chances for a Secret or TS since the finance issues that I had were within 7 years and they cleared me for this? Is this basically a Public Trust?
Thanks again!!!
Actually I think that I just found a answer to half of my question.
NACI and Credit (NACIC) – This NACI includes the addition of a credit record search and is the minimum investigation for those going into low risk public trust positions (Level 5)
Investigation Requirements
The minimum personnel background investigation requirements
for the various position sensitivity levels are as follows:
Sensitivity Level
Minimum Investigation Required
NON-SENSITIVE
NACI (name & fingerprint checks
Level 1
& written inquiries)
NATIONAL SECURITY
Level 2 ANACI (Access NACI)(Confidential orSecret clearance)
Level 3(Top Secret SSBI (Single Scope Background clearance)
Level 4 (Investigation)*
PUBLIC TRUST
Level 5 (moderate)
NACIC (NACI + credit check)** risk
Level 6(high risk)
BI (Background Investigation)*
1. Am I wrong to assume that they becasue they have adjudicated the NACI w/Credit that the TS has a good chance?
2. Because my SF86 has been submitted and the investigators are currently working on it, is it to late to call my investigator and inform them that I just found out that I have the NACI w/credit or will they probaly find out anyway?
Any opinions???
Thanks!!
Actually I think that I just found a answer to half of my question.
NACI and Credit (NACIC) – This NACI includes the addition of a credit record search and is the minimum investigation for those going into low risk public trust positions (Level 5)
Investigation Requirements
The minimum personnel background investigation requirements
for the various position sensitivity levels are as follows:
Sensitivity Level
Minimum Investigation Required
NON-SENSITIVE
NACI (name & fingerprint checks & written inquiries)
Level 1
NATIONAL SECURITY
Level 2 ANACI (Access NACI)(Confidential orSecret clearance)
Level 3(Top Secret SSBI (Single Scope Background clearance)
Level 4 (Investigation)*
PUBLIC TRUST
Level 5 (moderate)
NACIC (NACI + credit check)** risk
Level 6(high risk)
BI (Background Investigation)*
1. Am I wrong to assume that they becasue they have adjudicated the NACI w/Credit that the TS has a good chance?
2. Because my SF86 has been submitted and the investigators are currently working on it, is it to late to call my investigator and inform them that I just found out that I have the NACI w/credit or will they probaly find out anyway?
Any opinions???
Thanks!!
Hello everyone,
Does any one know how a small business can obtain a security clearance to do work for the Gov.? Better yet, if you already have someone with a clearance working for you, can you bid for Gov contracts? Any info would be appreciated!
Brian – check out JPASPros.com. The folks there help businesses obtain Facility Clearances to assist in winning government contracts. Review the section on Facility Clearances in https://www.clearancejobs.com/security-clearance-faqs for more information.