The Edmunds Law Firm, a global leader in national security clearance cases helps clients around the world who are applying for security clearance. Naturally, anyone considering a career that requires clearance wants to understand more about national security clearance requirements and how those requirements may impact their career options.
The ultimate question is whether it is clearly consistent with the national interest to grant a security clearance. But that broad statement doesn’t give adjudicators much to work with, nor does it help a security clearance applicant understand what’s required. Instead, they rely on 13 adjudicative guidelines, each addressing a different area of the applicant’s life where red flags may arise.
The information on this page will give you an overview of how to qualify for a security clearance, but it’s no substitute for personalized advice from an experienced professional. The best way to find out whether you have issues that may impact your chances of being granted national security clearance is to talk to a knowledgeable security clearance attorney before you complete your application.
Understanding the Adjudicative Guidelines for Security Clearance
The 13 adjudicative guidelines are used for all U.S. government civilian and military applicants, whether they are employees, enlisted service members or outside contractors. The process digs deep to determine whether the applicant is an acceptable security risk, and typically includes an extensive application, an interview, a criminal background check, a credit check, interviews with people from the applicant’s past and present, and a polygraph examination.
With regard to each guideline where red flags are raised, the adjudicator must consider:
- The nature, extent and seriousness of the conduct
- The circumstances surrounding the conduct
- The frequency and recency of the conduct
- The applicant’s age and maturity at the time
- The extent to which participation was voluntary
- Any rehabilitation or other changes
- Motivation for the conduct
- Opportunity for coercion
- Likelihood of continuation or recurrence
At every step, there are pitfalls that can derail a security clearance application. But issues from the past don’t necessarily disqualify you from receiving security clearance. It’s up to you and your security clearance lawyer to provide the evidence that will mitigate any issues identified–preferably before you are asked.
Attorney Alan Edmunds, one of the nation’s Top National Security Clearance Lawyers, helps clients establish that they are not a risk to national security.
The 13 Guidelines
Guideline A: Allegiance to the United States
Negative indicators under this guideline include past participation in or support of acts against the U.S., placing the interests of another country above the U.S. or illegal acts harmful to the interests of the U.S.
While these issues are taken very seriously, they may be mitigated based on brief involvement, lack of understanding of the true aims of the action, or humanitarian goals for certain types of actions.
Guideline B: Foreign Influence
Under this guideline, foreign contacts and foreign interests, such as business, financial and property interests are assessed.
The impact of such contact and interests depends on the nature of the relationship, the person or entity in question, the country, the risk of conflicting interests and other factors.
Guideline C: Foreign Preference
This issue most often arises when an applicant has dual citizenship or has applied for citizenship in another country. However, those facts alone are typically not sufficient to deny security clearance, so long as the citizenship doesn’t conflict with U.S. interests.
Guideline D: Sexual Behavior
Sexual behavior may raise security clearance concerns if it is criminal in nature, compulsive, high-risk, or may subject the applicant to coercion or exploitation.
Mitigating factors include the behavior being short-lived, in the distant past, occurring when the applicant was young, and being strictly private and consensual.
Guideline E: Personal Conduct
Any conduct that may call the applicant’s honesty, trustworthiness or judgment into question may fall under this guideline. This includes both past and present behavior. Often, issues arise when applicants conceal, omit or misrepresent information in the security clearance application and investigation process.
Working with a national security law firm from the beginning of the application process can help avoid inadvertently raising red flags under this guideline.
Guideline F: Financial Considerations
Financial instability such as unpaid debts and failure to live within your means is considered a red flag because it suggests poor judgment, because it may be indicative of other problems that impact financial management and because it can make a person more vulnerable to solicitation to violate national security for profit.
These issues may be mitigated by evidence that the applicant has taken steps to address the issues, particularly if they are not recent.
Guideline G: Alcohol Consumption
Excessive alcohol consumption impairs judgment and impulse control.
A history of alcohol abuse may be mitigated by successful completion of a treatment program and other steps taken to successfully change the behavior.
Guideline H: Drug Involvement and Substance Misuse
Drug use is treated somewhat differently from alcohol abuse since it is also a crime. However, drug use can often be mitigated by similar types of evidence. Exact policies regarding use of particular types of drugs may vary among agencies and departments.
Guideline I: Psychological Conditions
Mental health conditions that may lead to poor judgment or unreliability may be considered even if they have not been formally diagnosed.
These concerns may be mitigated if the condition is controllable with treatment and the applicant is compliant with successful treatment protocols.
Guideline J: Criminal Conduct
Criminal conduct obviously calls into question the applicant’s willingness to follow rules.
Depending on the nature of the crime, it may also raise concerns about other issues, such as honesty or impulse control.
Past criminal activity may be mitigated by evidence of rehabilitation, along with factors such as age, degree of involvement and voluntariness, and the passage of time.
Guideline K: Handling Protected Information
Past improper handling of protected information obviously raises concerns about an applicant’s trustworthiness in handling classified information moving forward. There are mitigating factors, including improper training, proper reporting of inadvertent disclosures and others. However, this is a very sensitive issue and is best addressed with the assistance of an experienced security clearance lawyer.
Guideline L: Outside Activities
This guideline addresses activities that could conflict with the applicant’s national security obligations, primarily including involvement with foreign governments and other organizations relating to intelligence issues.
These concerns may be mitigated if the involvement is not in conflict with the interests of the U.S. and the association has been terminated.
Guideline M: Use of Information Technology
Similar to handling of protected information, this guideline specifically addresses issues like unauthorized access of information and inadequate security measures. These concerns may be mitigated when the event was minor, far in the past or inadvertent.
Getting Help With Security Clearance
Understanding security clearance requirements is only the beginning. An experienced security clearance attorney like Alan Edmunds can help with a variety of matters, including:
- Completing your SF86
- Preparing for your interview or polygraph
- Drafting persuasive written responses
- Understanding DOHA hearings
- Negotiating favorable resolutions
Attorney Edmunds has won favorable decisions for clients in all of these areas. We’ve been protecting careers in defense, intelligence, and federal contracting for decades. If you have questions or need help call 800-481-2526.
