1-877-581-3396Submitted by the Bond & Botes Law Offices - Thursday, March 28, 2024
By Ronald C. Sykstus
I have had a number of cases where security clearance applicants, prior to them ever getting to me, have completed their SF 86 and have either lied, misstated, fibbed or obfuscated with the truth on their SF 86 answer. The problem with that is that if the government ever denies a clearance based upon issues like these, a security clearance applicant very well may never get a clearance in the future. If a clearance is denied at the lower level or after an administrative judge hearing, applicants can apply again for clearance in the year, as long as they’re sponsored by an entity for their clearance. To do so, an applicant needs to write to the Department of Hearings and Appeals (DOHA) and explain what has transpired in the last year and why circumstances are now different. For financial cases, maybe the individual filed for bankruptcy and is now debt-free or has managed a workout plan withal of the creditors. For an alcohol case, maybe the individual has gone through rehab and is now attending AA, has a sponsor, and is living a sober lifestyle. What about the person who has lied or made a misstatement or omission on the SF 86 and it was discovered? What can a person say after a year of a clearance denial that has changed and will sway the government to give that person a second chance? The answer is that it is very difficult, if not impossible, to give an adequate explanation at that point.
The solution is pretty simple. Do not lie, misstate, omit or obfuscate the truth on your SF 86. Detail is your friend and for every answer where you have to answer yes, put in as much detail as possible about what happened. After doing this for 30 years, it is my opinion that people worry that they will put themselves in a bad light by these disclosures and/or they may also lose the job that is sponsoring them for this clearance as a relates to this new SF 86. I rarely, if ever, see that as an issue. The problem then becomes the government finding out that a lie, omission, misstatement or obfuscation of the truth is contained in the SF 86 and then all of the problems just start from there. To be clear, it is very hard, if not impossible, to come back from this as it relates to a clearance. I am not saying that I’ve not had success under these circumstances, but it is a very difficult road and one that is better off not started on then having to deal with the fallout.
I assist clearance applicants with completing their SF 86 for the troubling and/or problem questions they have in answering the SF 86. My fee is reasonable to do so, and I find that the earlier I am involved in the process of helping with an initial SF 86 or a renewal SF 86, I believe the better chances the applicant has to get his or her clearance. To that end, I’m really writing this blog post at this moment after seeing a number of very good quality people lose clearances and now having to fight for their very employment and livelihood while trying to ask the government to forgive the sin of a lie, omission, misstatement or obfuscation. If you are not 100% confident and comfortable with ALL your answers on the SF 86/e-Qip, please reach out to me for help. It is so much easier to deal with and resolve any concerns at this level that it is later on when things go off the rails in your clearance is in jeopardy. I handle security clearance issues of ALL types NATIONWIDE.
This is what I always instruct applicants as far as the approach on completing their SF 86/e-Qip:*
When you are confronted with having to fill out the SF 86, make sure you spend a good amount of time on this form and do not rush it. Obviously, you need to comply with the deadline to submit it but, again, make sure you are thoughtful and methodical when you answer all of the questions. Spend plenty of time analyzing the questions and determine exactly what you must answer YES to on the form and report. For especially concerning questions that may revolve around debts, drug usage, alcohol issues in the past or criminal matters, make sure you are very detailed and considered in your answers. In a nutshell, I tell security clearance applicants to control the narrative. None of this should come as a surprise to the government since they will have access to all of your records anyway so be sure to explain how and why these issues happened in your past and how they will never happen again. As a corollary to this, do not talk to anyone about your concerns to include coworkers, supervisors, or the facility security officer (FSO) since they may be required to report what you are telling them. Instead, seek out the assistance of a lawyer where you are protected by the attorney-client privilege and nothing you say goes beyond that lawyer so you can figure out your best approach to each particular and problematic question.
If you are early in the clearance process, and you are at the stage of having to complete an initial or renewal SF 86 form through e-Qip, and you have questions or concerns about how to disclose financial issues, delinquencies or concerns in your life, please reach out to me immediately BEFORE you answer those questions. A consultation with me is protected under the attorney-client privilege and only you and I will know what we discuss. To that end, I strongly recommend that you do not discuss any security concerns with your chain of command, civilian supervisors, or anyone else since, reporting any type of potential issue to anyone else, may require them to forward that information along to the facility security officer. Before you decide to do anything like that, and if you think you have an issue that needs to be disclosed either on the SF 86 form or by self-reporting, let’s discuss it first before you do anything. We can have a meeting (by phone or in person) protected by the attorney-client privilege so that we know exactly what all of the issues are and we can ensure that, together, we can control the narrative of exactly what you are reporting or answering. Please feel free to contact me by phone or text at 256-713-0221 or by email at rsykstus@bondnbotes.com if you would like to discuss any concerns that you have regarding your clearance. My goal is to put any security clearance issue and concern that you may have to rest at the earliest and lowest possible level.
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