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Unpacking Five Security Clearance Misconceptions to Set the Record Straight

Navigating security clearance misconceptions can feel like walking a tightrope, where one misstep can have serious consequences. From fears about continuous vetting to concerns over drug use or financial issues, many clearance holders face confusion about the very thing that allows them to maintain a cleared career and support the mission. It’s crucial to separate fact from fiction, as misunderstanding the intricacies of security clearances can impact your career and livelihood.

To clear the air, we sat down for a special episode of our podcast with Tony Kuhn, Managing Partner at Tully Rinckey PLLC, who specializes in security clearance law. Let’s dive in and debunk five major security clearance misconceptions based on Tony’s insights.

Misconception #1: The Government is Out to Catch You Through Continuous Vetting

One of the biggest concerns cleared professionals have is about continuous vetting. Many believe that it’s a system designed to catch mistakes and revoke clearances. But is that really the case?

“Think of the time that it took to get a security clearance, all of the different people that were involved, all the different resources that were invested,” says Kuhn. “It wouldn’t make good sense for the government to just look for a reason to pull that security clearance from an employee or a cleared individual.”

According to Kuhn, the government isn’t trying to find a reason to strip clearances but rather trying to address potential problems before they become critical. He explains, “The government wants to know as quickly as possible. Then it gives the government an opportunity to reach out to that individual and say, ‘We see these issues. You’re not fired, your clearance isn’t automatically stripped, but we see this issue that came up, and we’d like to talk to you about it. We want to ask you some questions and see if we can mitigate these concerns.'”

Continuous vetting is ultimately a retention tool, not the trap it’s often made out to be. It allows the government to stay proactive, addressing risks such as financial problems in real time. In most cases, these issues can be mitigated before they escalate to a level that puts your clearance in real jeopardy.

Misconception #2: Drug Use Automatically Leads to Clearance Loss

Another common misconception is that using drugs while holding a clearance automatically means losing your clearance. In the era of “legalized” marijuana in several states, this concern has become more prevalent. And remember, while marijuana may be legal in some states, marijuana is still illegal in the eyes of the federal government, and thus an issue for all clearance holders.

Kuhn explains, “It’s not an automatic revocation if a person uses marijuana or another drug.” Instead, what matters most is how the individual responds. “What’s important is that the individual comes forward, admits to the mistake, and then explains the circumstances,” adds Kuhn.

The decision-making process is heavily influenced by factors like the recency and frequency of drug use, the context surrounding the drug use, and the clearance holder’s overall character. Was the drug use a one-time mistake or part of a broader pattern of behavior?

Kuhn poses the question, “Are you still associating with the individuals that you used marijuana or another drug with? Have you gone through drug and alcohol counseling? There’s a lot of different types of mitigation that come into play…there’s a really good chance you’re going to be able to work through the adjudication process.”

Misconception #3: Bankruptcy Equals Automatic Clearance Revocation

Filing for bankruptcy is often seen as a surefire way to lose a security clearance. However, this isn’t necessarily true—there are many current clearance holders who have previously filed for bankruptcy. When it comes to financial issues, including bankruptcy, the crux of the matter lies in whether the individual acted responsibly given their circumstances.

As Kuhn explains, there are mitigating circumstances such as unemployment, divorce, or health issues that can lead to financial difficulties. During a divorce, for instance, couples face the burden of splitting assets and incurring legal fees, which can result in significant financial strain. Similarly, health problems can lead to large expenses or the need for the breadwinner to remain at home to provide care.

In light of these challenges, it’s vital to demonstrate that you acted responsibly. In fact, Kuhn says that “filing for bankruptcy protection is actually one of the things you can do to act responsibly given those circumstances.”

There are various types of bankruptcy protection, with Chapter 7 and Chapter 13 being the most common. Chapter 7 allows individuals to eliminate most debts, while Chapter 13 involves a structured repayment plan. Kuhn notes that Chapter 13 is particularly beneficial because instead of wiping away your debts, “you established a pattern of timely payments, which is what’s looked for in Guideline F cases.”

By showing that you took proactive steps to repay your debts, you can effectively mitigate concerns regarding your financial history. It’s crucial to disclose financial difficulties, but equally important is demonstrating the steps you’ve taken to address and resolve these issues, thereby reducing the risk of coercion or exploitation.

Misconception #4: What Polygraph Exams Cover and How Long They Last

Another area of confusion is the polygraph exam. Polygraphs can happen for a number of different reasons. Kuhn explains, “Some of them are associated specifically with a job. Some of them are associated specifically with an agency…And then some of them are going to be associated with your security clearance.”

“Generally, if it’s a polygraph to get through the hiring process, then that’s most often just a one-time polygraph,” says Kuhn. “And if there are promotions or things that happen within that period of employment, you might have to take one again.”

“If it is related to a security clearance or a position within the intelligence community, those are generally only accepted for a period of five years,” adds Kuhn. “And that can change. If you leave an assignment, you leave a job, you leave somewhere where you took a polygraph, they might read you off of that, debrief you.”

“When you go into a new position or a new assignment, you might have to take one again,” says Kuhn. “Just because you took one for one location doesn’t mean it was the same type of polygraph or that those results are going to be carried over. Some agencies like to do their own. So there is a possibility that just transferring from one position or agency to another would result in you having to take another polygraph.”

He also breaks down the two primary types of polygraphs: the Counterintelligence (CI) polygraph and the Full Scope (FS) polygraph. “The Full Scope is going to look at different things, including your lifestyle, whereas the CI Poly is not going to go that deep into details…the CI is just basically an abbreviated Full Scope Poly that removes some questions that would come in during the Full Scope.”

Misconception #5: Reporting Issues Verbally is Sufficient

Another critical mistake many cleared professionals make is self-reporting issues verbally instead of in writing. Whether it’s financial problems, drug use, or any other concern that could jeopardize your clearance, it’s crucial to control the narrative by providing a written response.

Kuhn warns, “If you call somebody and tell them that you smoked a joint this weekend, they’re going to impose their own beliefs and their own life experiences on that self-report. And they might interpret it to be really negative. They might initiate an incident report and include additional derogatory information or not present those facts in the way that you would have presented them if you did it yourself.”

A verbal self-report leaves too much room for misinterpretation, which could backfire later. Kuhn cautions, “If you provide the facts in the light most favorable to you, then there’s a good chance that you can mitigate the concerns.”

Also, if you simply make a phone call, you haven’t created a record of the actual disclosure. “So if the security officer, whomever you’re speaking with, just says, ‘don’t worry about it,’ and it comes up later, you’ll have no proof that you have already self-reported.” Writing your response allows you to carefully frame the issue and protect yourself from unnecessary repercussions, while also creating a record.

Take Control of Your Security Clearance

Navigating the security clearance process can be daunting, especially when it comes to security clearance misconceptions surrounding continuous vetting, drug use, or financial difficulties. However, as Tony Kuhn makes clear, the key is to take proactive steps to address any concerns before they become major problems.

• Control the Narrative: Even if someone tells you it’s not necessary, your response should always be in writing. This allows you to carefully present the facts in a way that mitigates potential concerns and creates a record.
• Be Honest: If you’ve used drugs or are facing financial difficulties, don’t try to hide the issue. Disclose it honestly. Get ahead of it now rather than waiting to get caught in a lie down the road. A promotion could lead to a polygraph at some point.
• Stay Proactive: If you’re struggling with any issues that could impact your clearance, take steps to address them before they escalate. Seek counseling and take steps to build mitigation.

Security clearance holders and applicants should remember that the process is designed to evaluate overall trustworthiness and reliability. Facing various personal or financial issues doesn’t necessarily mean your clearance will be revoked, but how you respond to these issues is critical.

By taking control of the narrative and being proactive, you can safeguard your clearance and continue your cleared career with confidence. If you’re ever in doubt, seeking professional legal guidance from an experienced security clearance attorney can also make a world of difference.

For more insights about your security clearance, listen to our full podcast episode with Tony Kuhn or find additional clearance-related articles here.