The Most Common Ways to Lose Your Federal Security Clearance
Obtaining a security clearance is an essential component of many federal jobs. Federal employees who occupy sensitive positions or otherwise have access to classified information must first obtain a security clearance before being hired by the federal government and then must maintain that clearance throughout their career. Having your security clearance revoked can mean the end of your career with the federal government. As such, federal employees whose security clearance is in jeopardy for one or more of the reasons below should consider speaking to a Norfolk federal employment attorney.
Financial Considerations
Individuals do not necessarily need to be rich or financially successful to maintain a security clearance. However, failure to live within one’s means, satisfy debts, and meet financial obligations can indicate poor self-control, lack of judgment, and unwillingness to play by the rules. Individuals who are financially overextended may also be more likely to engage in illegal activities to generate funds.
Financial conditions that could raise security concerns include:
- A history of not meeting financial obligations
- Deceptive or illegal financial practices, including embezzlement, employee theft, check fraud, income tax evasion, and expense count fraud
- Inability to pay debts, regardless of the ability to do so
- Unexplained affluence
- Financial problems associated with gambling, drug use, or alcoholism
Foreign Influence
“Foreign influence” includes business, financial, and property interests that might result in a divided allegiance or create circumstances in which the individual may be manipulated or induced to help a foreign person, group, organization, or government in a way that is adverse to the interests of the U.S. Conditions that indicate foreign influence include:
- A family member who is a citizen of, or resident or present in, a foreign country
- Living with a person who presents a risk of adverse foreign influence or duress
- Relatives, cohabitants, or associates who are connected to foreign governments
- Failing to report associations with foreign nationals
- Substantial financial interests in a country or foreign-owned business that could make the individual vulnerable to influence
When considering an individual’s foreign contacts and interest, the federal government considers the country in question. For example, a foreign contact or interest in a country that is well-known for targeting U.S. citizens will raise more red flags than a contact or interest in a country that is a strong U.S. ally. Contact a Norfolk federal employment attorney for information on how the federal government evaluates potential foreign influence.
Personal Conduct
Government employees should be honest, candid, reliable, and trustworthy. The following two actions typically will result in an unfavorable clearance action or administrative termination of further processing for clearance eligibility:
- Refusal to cooperate with required security processing
- Refusal to complete required security forms or releases or to provide frank and truthful answers to questions
Actions that could indicate that an individual is dishonest, untrustworthy, unreliable, or exercises poor judgment include:
- Deliberate concealment, omission, or falsification of relevant and material facts from any personnel security questionnaire, personal history statement, or other similar form used in investigations
- Deliberately providing false or misleading information
- Reliable, unfavorable information provided by associates
- A pattern of dishonesty or rule violations
- Associations with persons involved in criminal activities
Determinations of undesirable personal conduct are inherently subjective; for more information about how the federal government makes such determinations, please contact a Norfolk federal employment attorney.
Criminal Conduct
It goes without saying that criminal conduct raises serious doubts about an individual’s judgment, reliability, and trustworthiness. While having a criminal record alone is not necessarily disqualifying, it can raise security concerns. Conditions that could be disqualifying include:
- A pattern of minor offenses, any of which on its own would not raise a red flag, but in combination cast doubt on the individual’s character
- Evidence of criminal conduct, regardless of whether the individual was formally charged, prosecuted, or convicted
- The individual is currently on parole or probation
- Violation or revocation of parole or probation
- Discharge or dismissal from the Armed Forces for reasons other than “honorable”
Drug Involvement
The federal government’s primary concern with drug involvement is that that drug abuse or dependence may impair an individual’s social or occupational functioning and increase the risk of unauthorized disclosure of classified information. “Drugs” for this purpose are defined as those materials listed in the Controlled Substances Act of 1970, inhalants, and other similar substances.
Drug involvement that could raise a security concern includes:
- Drug abuse
- Illegal drug possession
- Diagnosis by a medical professional of drug abuse or dependence
- Evaluation of drug abuse or dependence by a licensed social worker
- Failure to successfully complete a drug treatment program prescribed by a medical professional
“Drug abuse” refers to the use of illegal drugs or the use of a legal drug in a manner that deviates from approved medical direction. Contact a Norfolk federal employment attorney for more information about how drug use could affect your career.
Alcohol Consumption
Consuming alcohol in itself is not necessarily a security concern. Rather, the federal government’s primary concern with alcohol is that excessive alcohol consumption often leads to the exercise of questionable judgment or failure to control impulses.
Alcohol consumption that could raise a security concern includes:
- Alcohol-related incidents away from work, such as driving under the influence, fighting, or disturbing the peace
- Alcohol-related incidents at work, such as reporting for work intoxicated, drinking at work, or jeopardizing the safety and welfare of others
- Habitual or binge consumption of alcohol to the point of impaired judgment
- Diagnosis by a medical professional of alcohol use disorder
- Failure to follow a treatment plan once diagnosed
Discuss Your Case With a Norfolk Federal Employment Attorney
Maintaining your security clearance is essential for continued employment by the federal government, and losing it can be a severe career setback. If your security clearance has been revoked, you need experienced counsel in your corner to mount the most effective appeal. For more information, please contact a Norfolk federal employment attorney at Pierce / Jewett by calling 757-624-9323 or using our online contact form.