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The government conducts thorough investigations into military personnel and civilian DoD employees who apply for clearance for classified information, examining numerous aspects of an applicant’s background to determine whether they can handle the nation’s most important documents. However, what factors do government officials consider when evaluating a service member’s application for security clearance to access secret documents and information? Focusing on the most important factors in a security clearance application can improve your chances of getting approved. 

The Whole-Person Concept

The federal government applies the “whole-person” concept when evaluating an applicant for a security clearance. Under this concept, no negative factor automatically disqualifies a person from a security clearance. Instead, officials weigh the totality of circumstances of an applicant’s background to determine whether they have the trustworthiness necessary to grant a clearance. Factors that officials consider when evaluating an applicant’s background include:

  • The nature and seriousness of past concerning conduct
  • The circumstances surrounding the applicant’s conduct and life
  • The frequency and recency of concerning conduct
  • The applicant’s age at the time of an adverse incident
  • The applicant’s intent or motivation in engaging in adverse conduct
  • Any evidence of rehabilitation from past negative behavior
  • The likelihood of recurrence of past adverse incidents

Guidelines That Adjudicators Often Focus On

Government officials must evaluate 13 different aspects of a security clearance applicant’s background. Each aspect weighs on an applicant’s loyalty and personal responsibility, both of which influence the person’s ability to handle secret information appropriately. However, officials tend to focus on several of these guidelines in assessing a security clearance application. These guidelines include:

  • Guideline B – Foreign Influence: Applicants with foreign relatives or business and financial interests in foreign countries, particularly in countries with a more adverse relationship with the U.S., may pose a risk of coercion or undue influence. 
  • Guideline E – Personal Conduct: This guideline serves as a “catch-all” category and includes misconduct such as withholding or falsifying information on the security clearance application.
  • Guideline F – Financial Considerations: The government denies many security clearance applications due to negative factors in an applicant’s financial history, such as significant debts or prior bankruptcies, as a person’s financial troubles can make them more susceptible to bribery or coercion. 
  • Guideline G – Alcohol Consumption & Guideline H – Drug Involvement: An applicant’s untreated alcohol or drug addiction may signal irresponsibility or an increased likelihood of divulging secret information while intoxicated. 
  • Guideline J – Criminal Conduct: Applicants with a criminal history should expect increased scrutiny, especially if their history includes serious offenses without evidence of mitigating factors or rehabilitation. 
  • Guideline K – Security Violations: Officials will look into whether an applicant has previously committed security violations in civilian, military, or government employment.

Effective Mitigation Strategies for Potential Red Flags

Lawyer is working with documents

Applicants with red flags in their background checks can increase their chances of security clearance approval by presenting mitigation evidence. Documentation often provides more compelling mitigation evidence than mere explanations of mitigating factors. For example, a person with negative circumstances under the financial circumstances guideline may present records of payment plans or financial counseling to resolve debts, or evidence explaining the nature of the debt (e.g., medical debt incurred due to an emergency). A person with a history of alcohol or drug abuse may present documentation of their ongoing addiction treatment and participation in group counseling. 

The passage of time can also mitigate past negative incidents. Finally, applicants should practice voluntary disclosure of potentially adverse history, as the government may view non-disclosure negatively.

Contact Our Military Security Clearance Attorneys Today for Guidance During the Clearance Application Process

In an application for a security clearance, adjudicators will consider various factors when assessing whether to grant a person a secret clearance. Knowing what could affect the outcome of an application can help you present a strong case. Contact Patriots Law Group today for a confidential consultation with a military security clearance lawyer to learn more about the important factors that officials most frequently focus on when evaluating a service member’s or civilian employee’s application for secret clearance.

Disclaimer:
The information provided on this blog is for general informational purposes only and is not intended to be, nor should it be construed as, legal advice, for any specific scenario. Reading this blog, commenting on posts, or contacting the author does not create an attorney-client relationship. Laws vary by jurisdiction and individual circumstances; you should consult a qualified attorney licensed in your area for advice specific to your situation.