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Five Essential Lessons from a Security Clearance Law Expert
In a recent episode of our podcast, Security Cleared Jobs: Who’s Hiring & How, Tony Kuhn, Managing Partner at Tully Rinckey PLLC, offers valuable insights that every clearance holder should heed. Get ready to delve into the top five key takeaways from the episode that could mean the difference between maintaining your clearance or facing a potential revocation.
Find the complete show notes and listen to the episode here.
1. Self-Report in Writing to Control the Narrative
One of the most critical themes of the episode is the necessity of self-reporting when it comes to issues that may impact your continued security clearance eligibility. Tony emphasizes that individuals must disclose relevant information, such as legal troubles or mental health issues, in a clear and well-documented manner.
He advises against doing this verbally, as what you say can often be misinterpreted or colored by the listener’s biases. Instead, writing a thorough self-report with built-in mitigation allows you to control the narrative while also serving as a record that you reported the information.
2. Realize Your Spouse’s Actions Impact Your Clearance
Tony also sheds light on how a clearance holder’s personal relationships, particularly with a spouse, can have serious implications for their security clearance. If a spouse engages in illegal activities, such as drug use or immigration violations, it can reflect poorly on the clearance holder, leading to questions about their reliability and trustworthiness.
Tony underscores the importance of being vigilant about one’s relationships. Clearance holders should be aware that they are responsible for reporting certain behaviors linked to their spouses that might compromise their security status. Understanding these dynamics is essential for anyone seeking or maintaining their clearance.
3. Not All Mental Health Treatment is Reportable
The episode dives into the complexities surrounding mental health disclosures. Tony clarifies that not all mental health treatment needs to be disclosed. For instance, routine counseling, such as marriage therapy or treatment for PTSD, may not require reporting. However, certain diagnoses and treatments, especially those involving addiction or other serious mental health issues, are indeed reportable.
Tony advises clearance holders to thoroughly familiarize themselves with the specifics outlined in forms like the SF86, ensuring they know what must be reported and what can remain private. This nuanced understanding can help individuals navigate the often-sensitive territory of mental health while minimizing potential risks to their security clearance.
4. You Must Disclose Job Terminations
Another essential point raised by Tony relates to employment history disclosures, particularly regarding job terminations. Security clearance holders are required to disclose if they have been fired or subjected to workplace reprimands. Failing to report such information creates a significant risk of being accused of intentional omission, which is notoriously difficult to overcome in the evaluation process. Guideline E violations, as Tony describes, can seriously jeopardize a person’s security clearance status.
The message here is clear: Transparency is absolutely crucial. If individuals have been terminated, they should approach the situation with candor, detailing the circumstances surrounding their employment termination while also offering a logical explanation as to why the issue had been previously unreported. Understanding the potential repercussions of omitting such information can save individuals from devastating penalties in the future.
5. Leverage Written Responses and Hearings for Effective Mitigation
When faced with a Statement of Reasons (SOR) — a document outlining why an individual’s ability to access classified information is being questioned — your response strategy is paramount. Tony illustrates the process of responding to an SOR, highlighting the importance of providing a comprehensive written response that addresses each concern raised. This written response should serve as a mitigation tool, showcasing the individual’s reliability and trustworthiness.
Should the initial response fail to mitigate concerns adequately, individuals may have the option to request a hearing. Tony stresses that attending a hearing provides a valuable opportunity to present one’s case in a personal context, which can be beneficial in addressing questions from judges and demonstrating accountability. The overarching theme is the necessity for vigilance, preparation, and professionalism in these circumstances, as these factors can significantly influence the outcomes of security clearance evaluations.
Learn More About Your Security Clearance with Tony Kuhn
For more in-depth discussions and guidance from Tony Kuhn be sure to check out his previous appearances on our podcast:
Security Clearances: Self-Reporting, Sex, Drugs & Financial Woes
Security Clearances: Student Loan Debt and Social Media
Security Clearances: Foreign Influence and Preference
Security Clearance Misconceptions
Security Clearance Issues When You’re in the Military
As a Managing Partner at Tully Rinckey PLLC, Anthony Kuhn focuses much of his time on the representation of military personnel and members of the intelligence community. He has extensive experience assisting clients in navigating matters involving security clearance suspensions and revocations, appeals to the Discharge Review Boards and Boards for Correction of Military Records, UCMJ violations and non-judicial punishment. He can be reached at [email protected].
