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Ask the Lawyer: Be upfront, honest in applying for security clearance

As the government expands and the need for access to sensitive information increases, security clearances have become synonymous with government employment and contract work.

It’s not uncommon for an employer to tender a job offer only if the applicant can obtain a security clearance.

Particularly in today’s economy, all those privileged to guard the nation’s secrets — and those who want to attain that privilege — must be aware of the associated considerations and pitfalls.

The law governing security clearances changed in 2006, when discretion was provided to grant waivers in “meritorious cases where mitigating factors exist” — effectively expanding the pool of eligible people.

This grant of authority allows adjudicators more flexibility and leniency in considering problematic factors in a security clearance applicant’s past. Some of these factors include:

• A criminal history and your age at the time you committed the offenses.

• The number and nature of offenses.

• The amount of time that has passed since you committed the offenses, and your record since then.

There is an old saying: “It’s not the crime, it’s the cover-up.” This axiom plays out in the security clearance arena, as lack of integrity or candor on your part will almost certainly guarantee clearance denial.

On the other hand, not everything you’ve done wrong in your life needs to be revealed. The number of “skeletons” that you must disclose depends generally on the clearance level and access you are seeking.

In my experience, most problems in the application process arise from benign omissions by first-time applicants, or failures to disclose information upon reinvestigations or requests for increased access. It’s best to know what you need to disclose up front so that your application has the highest chance of success and you don’t encounter later issues while undergoing a polygraph.

If your clearance is coming up for readjudication or you have received notice of an intent to revoke, you should seek legal counsel immediately to ensure you account for all the issues that you may be facing.

If you’re facing revocation, your best chance to get or keep a clearance is to request a hearing or appearance and present your case before the administrative judge. An attorney can help you prepare for such a hearing and even represent you in the proceedings.

Mathew B. Tully is an Iraq war veteran and founding partner of the law firm Tully Rinckey PLLC (www.fedattorney.com). E-mail questions to askthelawyer@militarytimes.com. The information in this column is not intended as legal advice.