1-877-581-3396Submitted by the Bond & Botes Law Offices - Thursday, October 19, 2023
By Ronald C. Sykstus
The basis for issuing a security clearance in our country is predicated on full, open disclosure and detailed vetting. With that said, I always advise security clearance applicants that, if the government discovers that you have lied or made a misstatement or misrepresentation on the SF 86 form (previously completed through the e-Qip system and soon through the NBIS eApp portal), it is highly unlikely that you will EVER qualify for a security clearance in the future. That can be seen as a harsh consequence, but it is the reality of how seriously the government views this process.
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.
Along the same lines, what if something happens while you already hold a security clearance? What do you need to do? Since the system is based upon open and full disclosure, if something happens to you that should be reported to your facility security officer, then you better report it Failure to do so will definitely come up and now the government has an additional concern about you: 1. Whatever the issue was that came up that had to be self-reported and, now, 2. You did not self-report it like you were required to do. Much like the initial submission of the SF 86, make sure you are thoughtful with how you self-report and exactly what you self-report. For whatever the issue is that happened to you that requires self-reporting, make sure you have a detailed and thoughtful analysis to ensure that nothing like this will happen again in the future and explain what you are doing to resolve the situation. Be careful about how and to whom you self-report any issues. I recommend doing so by email only to your FSO only but, again, make sure you have a very detailed statement and resolution to ensure no issues like this will happen again. The same advice applies as above insofar as not talking to anyone about your concerns but just retaining a lawyer where the attorney-client privilege applies to make sure you come up with as solid of a self-report as possible. Additionally, the lawyer should be able to help you out down the road when and if there are further questions of you to include questions from your FSO, written interrogatories, potentially filling out a new SF 86 and/or a statement of reasons if one is issued to you to revoke your clearance. I recognize that this can be a fearful time given that a security clearance in jeopardy can result in the termination of your employment. That is why it is very wise to move slowly, methodically, and carefully here when something does come up.
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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