Military personnel, civilian employees, and contractors who work in various roles with the DoD or the U.S. national security and intelligence apparatus may require a secret clearance for their work. However, obtaining security clearance can involve a complex, time-consuming, and stressful process. Knowing what to expect when pursuing a secret clearance with the DoD, National Security Administration, or U.S. intelligence community can help make the process easier.
Overview of Secret Clearance
In the U.S., “secret” clearance is the middle level of security clearance, between the lower “confidential” and higher “top secret” levels. The level of an individual’s security clearance determines the sensitivity of classified information that the individual may access, with unauthorized disclosure of materials classified under a higher level of security clearance having a greater potential to damage national security. Materials classified under “secret” clearance include those whose unauthorized disclosure could cause severe damage to U.S. national security. Conversely, disclosure of confidential materials may cause less severe damage to national security, while disclosure of top secret information could cause exceptionally grave damage to national security.
Although a “secret” clearance authorizes an individual to view materials classified as “secret,” a person holding such a clearance must also have a “need to know” the information contained in the materials to perform their duties.
Steps in the Secret Clearance Process
The security clearance process for “secret” level begins when a federal agency or military branch sponsors a U.S. servicemember, federal employee, or federal contractor for clearance. Servicemembers, employees, or contractors cannot apply for clearance on their own. Once sponsored, an individual must provide a personal history disclosure through Standard Form 86.
After the individual submits SF-86, the Defense Counterintelligence and Security Agency will conduct a background investigation that may include:
- Employment history
- Financial records and credit reports
- Criminal history
- Substance use
- Foreign travel and contacts (including family members living overseas)
Investigators may interview individuals listed as references on the applicant’s disclosure form, the applicant’s current and past co-workers, and their current and past neighbors.
After gathering information from the background investigation, agency officials will evaluate the investigation results according to the adjudicative guidelines for determining eligibility for access to classified information. The adjudication will focus on red flags that may indicate a security risk, such as past criminal conduct, substance abuse or addiction issues, financial difficulties, or potential sources of foreign influence. When adjudicators determine that an applicant presents an acceptably low risk of a security violation, they may grant secret clearance.
Common Challenges and How to Address Them
Some of the most common issues that can delay or preclude security clearance with the DoD or national security or intelligence agencies include:
- Financial issues, such as debts that have gone into default, past or current bankruptcies, or illegal debts such as gambling or loans from loan sharks; applicants can address financial issues by providing proof of repayment plans or budgets to resolve outstanding debts
- Foreign influence from overseas family or business ties; applicants may need to explain the nature of those ties in greater detail
- Past misconduct, such as job terminations for cause, military infractions, professional licensure discipline, arrests, or convictions; applicants may need to explain disciplinary actions or show rehabilitative efforts after criminal offenses
- Addiction problems; applicants may need to document sobriety and rehabilitation efforts, such as participation in support groups like Alcoholics Anonymous
Applicants can mitigate many potential issues by disclosing them early and providing a thorough explanation of the circumstances surrounding those issues. A clearance attorney can help applicants gather records and prepare responses to questions that investigators may have.
Contact Our Firm Today for Guidance
The security clearance process for military personnel, civilian employees, and contractors can feel challenging and stressful. Contact Patriots Law Group today for a confidential consultation with a security clearance attorney for guidance and support as you pursue a secret clearance for your employment or contractor work with the DoD or other national security or intelligence agencies.