Security Clearance Lawyer Representing Clients Nationwide Since 1976
The national security clearance process probes into every area of life. That process can be stressful, intrusive, and sometimes feel too personal. That’s especially true when investigators delve into past and present sexual activity. You might think that as social norms have become looser, investigators would be more accepting of different types of sexual behavior.
It’s true that certain types of sexual activity that were automatically considered a red flag until the 1990s have been taken off the list – most notably, homosexual relationships. However, not all standards in this area have become less stringent. In fact, we have recently noticed increased attention to some types of legal, consensual sexual activity.
It’s always a good idea to consult an experienced national security clearance lawyer when you’re embarking on the security clearance process. Small mistakes or innocent omissions may derail the process, delaying your clearance or even resulting in a denial. That’s especially true when you believe there may be concerns, whether they involve sexual behavior or some other area.
The Edmunds Law Firm is Here for You
National security clearance is a highly specialized area of law. Attorney Alan Edmunds has practiced national security clearance law for nearly 50 years, personally handling thousands of cases. He has extensive experience with security clearance applications, responses to Statements of Reasons (SORs, and appeals. He directly trains every attorney at The Edmunds Law Firm to ensure that you are always getting the highest-quality representation.
The information below will give you an overview of sexual behavior and security clearance issues, but there’s no substitute for knowledgeable guidance from an experienced security clearance lawyer. Schedule a free consultation right now by calling 800-481-2526 or filling out our contact form.
How Sexual Behavior Affects Security Clearance Eligibility
People often ask about security clearance disqualifiers. There is no list of absolute, comprehensive security clearance disqualifiers for sexual behavior. However, the National Security Adjudicative Guidelines (Department of Defense Directive 5220.6) set forth a list of actions that may raise security clearance concerns along with a description of the types of evidence that may mitigate those concerns. 13 separate guidelines are provided, A through M, each addressing a specific category of concerns. Guideline D addresses sexual behavior and security clearance. Others focus on areas such as foreign influence, criminal history, financial problems, mental health issues, substance abuse issues, and other areas of your personal and professional life.
You will note that the government’s interest isn’t really in your sex life or sexual preferences so much as the risks created by that behavior and what it says about your reliability and trustworthiness. For example, sexual behavior that may open you up to exploitation or blackmail will raise concerns.
Possible Security Clearance Disqualifiers Based on Sexual Behavior
Guideline D lays out four types of sexual behavior that could raise security concerns and, therefore, might be disqualifying. These are:
- Sexual behavior of a criminal nature, whether or not the individual has been prosecuted
- A pattern of compulsive, self-destructive, or high-risk sexual behavior that the individual who is unable to stop
- Sexual behavior that causes an individual to be vulnerable to coercion, exploitation, or duress
- Sexual behavior of a public nature or that reflects a lack of discretion or judgment
As you can see, this covers a wide range of activity, and there are some overlaps in categories. It’s also important to note that “sexual behavior” doesn’t just mean physical sexual encounters with another person. It may include telephone, text, and written communications, photographs, videos, audio recordings, and more.
Some issues that may raise red flags during a security clearance investigation include:
- Use of illegal pornography
- Undisclosed extramarital affairs
- Use of prostitutes or escorts
- Frequenting massage parlors
- Workplace sexual relationships
- Allegations of sexual assault or harassment
- Indications of sex addiction
- Sexual behavior that may expose you to blackmail or extortion
Some types of sexual behavior may be of special concern if the acts take place abroad or involve foreign nationals or others who may present a threat to national security. However, any of the activities listed above–and others–may raise security clearance concerns in domestic settings as well.
Fortunately, with the right legal representation, these concerns can often be overcome.
How to Mitigate Sexual Behavior Concerns in the Security Clearance Process
If your background includes behaviors that may raise concerns, it’s crucial to consult a security clearance lawyer before applying or responding to an SOR. Early action gives you the best chance at a favorable outcome. The lawyers at The Edmunds Law Firm will help you build a case to address those concerns and collect supporting documents. Guideline D provides for the following mitigating conditions:
- Behavior that occurred during your youth that has not been repeated may have a lesser impact on your security clearance than more recent or recurrent activities
- Even if you were an adult when the behavior occurred, it may carry less weight if it was long ago, infrequent, or occurred under unusual circumstances such that it is believed unlikely to occur again and does not reflect on your current reliability, trustworthiness, or judgment
- The behavior no longer offers an opportunity for coercion, exploitation, or duress, such as a past extramarital affair that your spouse is now aware of
- The sexual behavior is strictly private, consensual, and discreet
- You have successfully completed or are currently participating in a program of treatment, are complying with the treatment plan, and have received a favorable prognosis from a qualified professional
Once the government has identified a concern, the burden will be on you and your national security clearance lawyer to overcome that concern.
If you’re not yet starting the process of applying for national security clearance–for example, if you’re reading this page because you’re looking at job possibilities that may require security clearance–you can start working on mitigation right away. For example, if your situation is one that would be mitigated by some sort of counseling or other therapeutic program, the further you are along when you apply, the better. It may be beneficial to consult an experienced national security clearance lawyer now, even though you aren’t yet starting the process. A seasoned security clearance attorney can advise you on the steps you can take now to improve your chances of securing clearance later.
Why You Need a Security Clearance Lawyer for Sexual Behavior Concerns
Certain types of sexual behavior can raise red flags and may even result in the denial of your national security clearance. And, no one likes to talk about the details of their sexual history or current sex life with a stranger. However, attempting to conceal information during your security clearance investigation generally puts you at much greater risk of denial than telling the truth and working toward mitigating the concern.
If you’re working with a security clearance lawyer from the beginning, you should disclose anything that may possibly be a concern or consideration to your lawyer for advice about how to present the information and assistance in mitigating the concern. You should know that the team at The Edmunds Law Firm has assisted security clearance applicants with a wide range of obstacles, including sexual behavior concerns such as hiring prostitutes in foreign countries and frequenting massage parlors. We’re here to help, not to judge you. And chances are good we’ve heard stories like yours before. Holding back information ties our hands and may seriously hurt your chances of approval.
If you have already begun the security clearance process and have failed to disclose potentially concerning sexual behavior or other information, you should speak with an experienced security clearance lawyer right away. If you act very quickly, you may be able to correct the record before the investigator discovers information you have failed to disclose. If you miss that small window, overcoming the issue may be much more difficult. That’s because if the investigator uncovers something you haven’t disclosed and questions you about it, it will be noted that you were “confronted” about the missing information–obviously a far less favorable characterization than coming forward voluntarily.
Take Action Now to Protect or Restore Your Security Clearance
Sexual Behavior Concerns Can Be Overcome
Whether you’re just embarking on the security clearance process, have received a Statement of Reasons (SOR) your security clearance is likely to be denied, or have already received a denial or had security clearance revoked, your next step should be to contact an attorney with experience in this arena. It is generally much easier to avoid missteps than it is to correct them later.
If you have been asked to complete an SF-86 or have received an SOR, your time to act is very limited. Contact The Edmunds Law Firm today and learn how we can put our five decades of national security clearance experience to work for you. We know how important it is that you have knowledgeable guidance from the start, and we want to make it as easy as possible for you to get the information you need. The initial consultation is free, and there’s no obligation. Just call us at 800-481-2526 or fill out our contact form to get started.