Does Failing a Random Drug Test Prevent Me From Being Granted A Security Clearance?

Hello Joseph,

I recently failed a random drug test at my job and was subsequently terminated. 

I have since cleaned up my act, but I am having incredible difficulty landing another job with this clearance. 

I keep hearing that because I have a red flag on my clearance, employers will be reluctant to hire me and the only way to have the red flag removed from my clearance is to have an employer hire me and remove it themselves. 

Do you know of anything I can do to personally have this flag removed from my record, or do you have any advice for obtaining new employment with this red flag on my record.

Here's my response:

Thank you for contacting me.  First and foremost - Congratulations on making positive changes in your life!  You're not alone, nor the first person to go through this, and you will get through this experience.

It’s not that no one will hire you; it’s when, and can the adjudicator waver or mitigate your circumstances and conditions.

With drug use, there are specific constraints that are either limited to time passing, the actual entire amount of drugs used throughout your life; or a specific type of drug used.  In most cases, drug use must have been 12 or more months in the past, before you can be adjudicated and granted a security clearance.  The DEA is the exception and demands their employees have ZERO Drug Use!
 
When I was in the Navy, I processed a self-admitted drug dealer for a Secret Security Clearance Level.  The Navy wanted to send this sailor to the Middle East.  I didn’t personally think he would be granted a security clearance.  But he was completely upfront and honest and stated he was incarcerated before he joined the Navy, and the incident also occurred seven years in the past.  This sailor was ultimately granted a Secret Security Clearance and allowed to deploy to the Middle East.

This is because this sailor was evaluated using what's called The Whole Person Concept; where everything that has occurred in a person's life is taken into account.

So what are three options if drug use resulted in incarnation?

1. Take a temporarily or permanent position outside of Federal Employment, in a field that doesn't require a security clearance
2. Go back to school
3. Start your own business

So what are your options if drug use didn’t result in incarnation, and it occurred less than 12-months ago?

...now you're playing a waiting game before you can be granted another security clearance.

What are FOUR things you can you do now while you wait:

1. Take a temporarily or permanent position in a field that doesn't require a security clearance
2. Obtain documentation from counseling or a program that shows you're clean
3. Get 3 or more individuals to write you a recommendation letter
4. Join clubs, groups, or organizations that people in your field join, so you can attend meetings, network, and keep up on the latest knowledge in your field while you wait to get your clearance back

*** And apply for jobs with the understanding, even if hired; 12 or months will pass before you'll be granted another security clearance

So what are your options if drug use occurred over 12-months ago?

1. Apply for jobs both in and out of your field group

Be upfront on all your submitted paperwork about job termination and prior drug use.  This isn’t held against you.  The Adjudicator wants to mitigate and close every case, so they can move on to the next case to mitigate and close.

*** Here’s the last two options available to you if you're set on getting your security clearance back, and 12 or more months have passed since your last drug use:

1. Accept an entry level job in any field that lets you get your clearance back (this is what I did)
2. Accept a paid or unpaid internship in any field that lets you get your clearance back

To share a personal story with all of you…

…after the Navy, and without a degree or a clearance; I was out for work for over 2 years. 

So, while earning my degree, I accepted an entry level job with the FBI, because I knew it would lead to getting my own security clearance back.  There are many great and amazing individuals who work at the FBI.  The salary and working environment for myself were horrible (and such things are different for everyone), but after two and a half years, I was able to accept a position in the private sector with a very nice bump in pay.

Did I want to be unemployed, go back to school, or accept an entry level job to get my security clearance back – heck no, but I did what I had to. 

As with all decisions we make, weigh all of your options, and pursue the best fit outcome/s.  Regarding a person with prior drug use; they may have to endure a temporary job while waiting for 12 months to pass.  Before they can be granted a clearance again; when and where this is possible. 

And if obtaining a clearance is no longer an option; well now you get to pursue a life-long dream and career change!

So be open to all possibilities with best-fit outcomes.

Here’s to the best-fit outcomes occurring; or something better for all of us, in all that we do,

Joseph

Joseph Zarek, AFI, CDE, HE, HT, SA
Award Winning Author, Professional Speaker, Security Clearance Guru

Does a Medical, Mental Condition or Hospitalization Automatically Disqualify You?

Here’s a great question:

“If you have bipolar and have a hospitalization do you think that would be an automatic dis-qualifier?”

The quick answer is NO.  Everything in your background is looked at and qualified first.  Many individuals have different conditions and circumstances requiring them to take medication or be hospitalized who have and maintain their security clearances without incident..

A newly diagnosed or per-existing condition is not an automatic disqualification. 
So being bi-polar or hospitalized are not automatic disqualifiers.

While not everyone is granted a security clearance, over the last 27 years working with 5,000+ background investigations I saw 100% of all individuals with per-existing and newly diagnosed conditions receive, or be reinstated for their security clearance.

Your responsibility is to answer each question honestly:

List all per-existing and new conditions
Who is, or has treating you
What medication you’re on, or were on (including proscribed dosage/s)
And all good contact telephone numbers and business addresses of individuals and facilities who treated you

The adjudicator assigned to your case is required to qualify every block of information on each line on your entire submitted SF-86.

Regarding your medical history, the adjudicator will submit a request for your assigned case investigator to verify you were a patient, when you were seen, what medications you were on, or are currently taking, and would this medical professional recommend you for a security clearance. 

Only individuals who do not submit this information were either denied a security clearance, or their case was submitted for further review.

The take-away lesson:

Answer every question as honest as possible, submit your paperwork, and let the process happen. 

Information and Tips you can work with:

There are tens of thousands of background investigations already in the system ahead of you.  Some individuals require a polygraph examination, many do not.

Background investigation for Secret clearances take 1-6 months to complete.  Background Investigations for Top Secret Clearances and above, take 6-18 months to complete.

Be patient, and every 90 days, contact your security representative for a status update, and what else you need to provide. 

NEVER contact your adjudicator unless instructed to do so.  When I was an adjudicator at the FBI, every adjudicator carried a 400-600 background investigation caseload.  Everyone I worked with processed them as quickly as possible.

I hope this answers this question, and provides insight into the background investigation process.

Here’s to everything working out for you; or something better,

Joseph Zarek, AFI, CDE, HE, HT, SA
Award Winning Author, Professional Speaker, Security Clearance Guru

The Investigator is Trying to Trick Me; or Are They?

Here's a common circumstance:

"I am 24 years old and going through a clearance for my job. Recently I received the interim or temporary clearance. Then yesterday, I got a call saying the investigator wanted to talk with me about anything I might not have divulged. This worried me until I spoke to another younger person who went through a security clearance and got the same kind of call and it turned out that this was a bit of a "trick" as the investigator had no new information that he had turned up and my friend got the clearance. Is this common?"

The investigator isn't trying to trick you. This question is standard protocol to give you the opportunity to provide new information, or any information you may have forgotten or purposely omitted to include on your submitted SF-86.

Life happens. Something new may have happened since you submitted your SF-86, or you remember that speeding ticket you received

Whatever the circumstances, You get three chances to provide correct, factual information in your background investigation process:

When you first submit your SF-86
During your Personnel Security Interview
Prior to Adjudication

Take Away Lesson: Answer every question honest with all supporting facts.

Until next time, here's to everything working out for you; or something better,

Joseph Zarek, AFI, CDE, HE, HT, SA Award Winning Author, Professional Speaker, Security Clearance Guru

Alcohol Consumption and Drug Involvement

You’ve been handed a 31-page form called the SF-86. This is your security clearance application that asks many questions that aren’t always clear, or you know how to answer.

Being told to be as honest and truthfully doesn’t always help because no one is perfect or lives in a perfect world. Sometimes the simple yes and no answers simply do not apply.

While not everything you say or do will cause you to lose, or be denied a security clearance; specific conditions and circumstances do.

Positive answers given regarding citizenship, foreign activities, medical records, police records, use of illegal drugs, related activity, use of alcohol, your investigation record, and associations are looked at in greater detail because they may indicate a security concern. Let’s explore each area in-depth so you know what this means to you.

Alcohol consumption and drug involvement

No one is judging you. Having one drink, or taking a drug your doctor has proscribed to you is not legally wrong. But there are four specific conditions of concern related to this and security clearances you should be aware of:

Evidence alcohol or drugs have been abused
Have you been in an alcohol or drug-related treatment or counseling program
Has it been a year, or longer since occurrence or attendance
How likely will you resume abusing alcohol or be involved with drugs again

This is because alcohol abuse and drugs affect and alter your brain chemistry which does impact your judgment and perception. Would you want your surgeon or pilot to light up or take a drug prior to doing a risky procedure where you can lose your life in the process? The same can be said about national security and guarding our nation’s secrets.

What all of this means to you: Past involvement, or attending a program one year or more from the time you submit your security clearance application does not mean you will lose or be denied a security clearance. Remember to provide all documentation related to any treatment or counseling program you’ve attended.

Security Clearance Disqualifiers

Do want a security clearance, have been told you are required to get one, or just interested in National Security Topics? The application process for a security clearance can be confusing, and oftentimes the forms you receive aren't as clear as the should be, or come with supplemental instructions you're not provided.

Security Clearances aren't given because of the rank you hold, position, or title you have. You get one because you have a genuine "Needs to Know" requirement to access classified information and material in order to do your job.

No one is perfect, nor do any of us live in a perfect world. Not everything that has happened to you, of that you have done will be held against you, but will allow investigators and adjudicators to make the determination on if you should be granted a security clearance or not.

Was it a one time incident, something you do a year ago, or a heck of alot longer, and you haven't repeated the action and behavior, and you're not likely to again in the future. Then, this is great news and will reflect favorably on you.

It's important to be aware of the 15 security clearance disqualifiers shown further below that will be scrutinized in detail in order for the investigator and adjudicator to determine if you should be granted a clearance or not.

1. Alcohol consumption and drug involvement
2. Allegiance to the United States and any foreign influence or preference
3. Character
4. Conduct; personal, to including sexual behavior
5. Criminal activity; criminal convictions and security violations
6. Eligible for access to national security information
7. Emotional stability
8. Financial responsibility; financial considerations and outside activities
9. Honesty
10. Loyalty
11. Misuse of information technology systems and handling protected information
12. Psychological conditions
13. Reliability
14. Trustworthiness
15. Other similar and pertinent areas.

Smith Amendment Waivers

Do you want a security clearance, or have been told you are required to get one, but have been convicted of a crime, or incarcerated for more than one year? Then you need to be familiar with the Smith Amendment.

Smith Amendment rules prohibit anyone convicted of a crime and incarcerated for more than one year from obtaining a security clearance without a waiver.

The Smith Amendment was repealed on 28 Jan 08 and a new law was created. The new law went into effect on 1 Jan 08 and requires a revision of the Adjudicative Guidelines.

The questions on the SF86 do not reflect the wording contained in The Adjudicative Guidelines. A "yes" response to questions on the SF86 only alerts the reviewer and investigator to potential issues that may require more attention.

The tricky part is the wording, "under dishonorable conditions." The Defense Office of Hearings & Appeals has interpreted this as a dishonorable discharge for enlisted personnel and any dismissal for misconduct by officers.

It's still important to be aware of instant disqualifers. There are two conditions that absolutely result in clearance denial--current use of illegal drugs and being mentally incompetent.

Two conditions that require a waiver for special access authorizations (SCI, SAP, Restricted Data)--discharge from the military under "dishonorable conditions" and convicted of a crime and imprisonment for more than one year.

The tricky part is the wording, "under dishonorable conditions." The Defense Office of Hearings & Appeals has interpreted this as a dishonorable discharge for enlisted personnel and any dismissal for misconduct by officers.

Some individuals are interested in the evolution of a document. Congress modified the Smith Amendment on October 9, 2004. You can read about this on the following website, and also further below:

http://www.fas.org/sgp/eprint/smithamend3.pdf

On August 30, 2006, Under Secretary of Defense Memorandum, gave authority to the Director, Washington Headquarters Services (WHS); Director, Defense Intelligence Agency (DIA); Director, National Security Agency (NSA); Director, Defense Office of Hearings and Appeals (DOHA); and Secretaries of the Military Departments; or their respective designees, to grant waivers in "meritorious cases where mitigating factors exist that are consistent with the mitigating factors described in the Adjudicative Guidelines."

Even with modifications and a repeal of the Smith Amendment its good to be clear on which cases are more likely to receive favorable consideration with regard to the granting of a Smith Amendment waiver as shown below:

* Age at time of commission of offenses. Commission of the offenses while a teenager or early 20s, when the individual may be more likely to be considered as a "youthful offender" significantly mitigates the behavior more than for an older offender;
* Number and nature of offenses. A single offense or a limited number of offenses within a narrow period of time as opposed to a larger number of offenses over a more extended period of time.
* Amount of time that has passed since the commission of offenses. A substantial period of time must have elapsed since the behavior for the case to be considered "meritorious."
* A clean record since commission of offenses. There must be a clear demonstration of compliance with the "Five R's" of Reform, Regret, Responsibility, Rehabilitation and Remoteness of the behavior.
* Renewal of a clearance. Though not specified, it is not unreasonable to anticipate that an applicant who was granted a clearance before the enactment of the Smith Amendment, and therefore faces an "ex post facto" application of the prohibition on granting a clearance will have a more equitable position than a first time applicant for a clearance.
* Granting of a Pardon/Restoration of Rights. May enhance the case through a demonstration that the punishing jurisdiction has also recognized the applicants behavioral changes.
* Living an exemplary life. Doing more than simply having a job, paying taxes, raising a family and complying with the law, which is what everyone is expected to do, will increase the possibility of a waiver being granted.

What the heck is holding up my security clearance?

The biggest barrier to obtaining a security clearance is oftentimes ourselves. Walt Kelly first used the quote "We Have Met The Enemy and He Is Us" on a poster for Earth Day in 1970. The same thing applies to security clearance investigations.

Many times delays stem from failing to provide complete, accurate and detailed information on your Questionnaire for National Security Positions (Standard Form 86 (SF-86)).

Maybe you weren't given much time to fill-out and complete the 31-page form, or the questions being asked are too tough.

Investigators and support personnel must verify all the information you list and when their are missing or inaccurate portions, who do you think is going to have to provide them; you!

When this happens, investigators will verify everything else they are able to, and send the form back to you through the office you submitted your security clearance applcation through for correction.

Wait, you say you followed all the instructions on the SF-86. Unfortunately, providing just the requested information isn't always enough. Some questions on the form aren't as clear as they can be, and worse, you may have to refer to supplemental instructions that you didn't receive. WHAT!?! Who's running this dog and pony show anyway! You'd like to think the Security Manager, Special Security Officer, or their staff had a clue, but oftentimes they don't, because they don't know either.

It's not their fault; training was abysmal from the local level, all the way up to what the Naval Criminal Investigative Service (NCIS) offers in their Security Manager Course at the national level.

The second biggest barrier to obtaining a security clearance faster is when unfavorable information exists on your SF-86, or in your case report when you're not clear, list partial information, or outright omit this information.

On the other hand, when everything is presented clear and correct on your SF-86, and during your Personal Subject Interview (PRSI), or Special Interview (SPIN), this will help the investigator and person who reviews your case (called the adjudicator), make the decision to process your clearance over other cases with more red flags.

Complete the form correctly, be honest and upfront during your interview and this will go further than anything else you will do to help speed up the process. Best of all, this choice is yours!

So you want a security clearance or been told you must have one

You’ve made the right choice to read this blog if you want a security clearance or have been told you’re required to get one.

Where do you start and what do you do?

First, it’s important to know, they aren’t just given out to anyone. Your rank, position, and title will not get you one, while having a legitimate “Needs to Know” will.

No worries, no one is perfect, but before all of our nation’s secrets are given to you on a platter, your current and past actions and behaviors are going to be looked at to make the determination if you should be given a security clearance; not.

The most important thing is for you to do is be honest and upfront. Answer each question truthfully, and provide all relevant facts pertinent to the questions being asked. The second thing you want to do when there are areas of concern raised is that you are able to show you are proactive in addressing them.

Security Clearance

A security clearance investigation is an inquiry into an individual’s loyalty, character, trustworthiness and reliability to ensure that he or she is eligible for access to national security information. This investigation focuses on an individual’s character and conduct, emphasizing such factors as honesty, trustworthiness, reliability, financial responsibility, criminal activity, emotional stability, and other similar and pertinent areas.

Security clearance procedure is governed by adjudicative guidelines adopted by executive order and by federal regulations and statutes, as well as the standard procedures of the issuing agency (i.e. FBI, USN, Veterans’ Administration, etc…) All applicants for security clearance must fill out an Electronic Personnel Security Questionnaire (EPSQ) and/or Standard Form 86 Questionnaire for National Security Positions (SF86.)

All investigations consist of checks of national records and credit checks; some investigations also include interviews with individuals who know the candidate for the clearance as well as the candidate himself/herself.
None of this is bad or should be considered the end of the world. Even with a couple of red flags; most people do receive a security clearance; while only a handful of individuals do not in the most extreme of cases.

Investigators are human and understand no one is perfect or lives in such a world.

Not every action and behavior is looked at negatively, but some circumstances we’ve been involved do require clarification before a person is granted a security clearance. Everything is taken into consideration accordingly; on a case by case basis.

What is a security clearance?

A security clearance is a status granted to individuals allowing them access to classified information (i.e. national or state secrets).

The term "security clearance " can also be used in private organizations that have a formal process to veteran employees for access to sensitive information.

Your rank, position, or security clearance does not guarantee you access to classified material. Only having a legitimate "Needs to Know."

An organization must make the determination that a cleared individual needs to know access information or material.