If you used no drugs with in the last 7 years then you do not have to list it on your SF-86. Answer: Previous use of marijuana might preclude the granting of a security clearance, or it might not. Will admitting drug use on police application show on secret security clearance? The SF86 has always asked about illegal drug use, but the question has become more confusing in recent years with eight states legalizing the recreational use of marijuana. He admitted using marijuana “in 1992 and again from March 2015 to May 2016.” During the latter period he held an interim security clearance. Anniston, AL 36201 When completing this questionnaire, which asks you to divulge information about your background and history, as well as provide references who can speak to your character, it may be tempting to omit or lie about certain things. If you lie, the Office of Personnel Management (OPM) will refer to U.S. Criminal Code, Title 18, Sec. A. You will be provided with the opportunity to disclose and discuss your drug use during the security clearance process. Approval can take longer if students have dual citizenship, and dual citizenship with certain countries (such as Iran) can sometimes make approval virtually impossible to obtain. I have been handling security clearance cases for several years. Home » Blog » Lying & Omissions on the SF-86. I wanna join the mil as an officer but im not sure if that application will show up on my records. The twice monthly drug test results are mailed directly to the individual. While waiting to hear back, the applicant began to have second thoughts. Montgomery, AL 36104 SCHEDULE YOUR FREE CONSULTATION WITH OUR ATTORNEY TODAY, SCHEDULE YOUR FREE CONSULTATION WITH OUR ATTORNEY TODAY -, How Your SF-86 Lies & Omissions Could be Uncovered, Investigators Want to Know About Your Personal Conduct. Who’s going to know if you simply leave that part out when applying for a security clearance? I would argue … Phone: (256) 355-2447, Haleyville Location I can tell you a lot of stories. Before you lie on your SF-86, you may want to pause and read the following, as harsh penalties may await you if you leave out any security clearance red flags on your way to obtaining a clearance for the position in question. Apparently, the applicant had a conversation with his girlfriend, whose Adderall he’d used to study for exams, before the interview occurred. When issues arise involving illegal drug use or abuse of prescription drugs, in the scope of a security clearance investigation or review, it is very important to take them seriously and to obtain legal representation experienced with these types of issues in order to minimize the potential damage to a security clearance or otherwise mitigate the security concerns. 1 Like. No legal action was taken. Phone: (601) 264-7200, Vicksburg Location Answer Save. Is there anything that person can do now to maximize chance of getting a clearance? To that end, I have referred clients to a very reputable company that does this type of testing. 607 Corinne St, Ste B8 Can You Lose Security Clearance for Seeking Addition Help. I applied for a contractor job that didn't mention a security clearance. The answer is that plenty of people can find out, namely your security clearance investigator, whose job it is to root out the truth about your character and background before clearance can be granted. The company that I recommend for recurrent drug testing is as follows:  www.drugproof.net. Repeated Use of Pot While Holding Interim Clearance Problematic In the first case, a 49-year-old consultant for a defense contractor applied for a security clearance. Illegal drug use while holding a security clearance is disqualifying, unless it can be demonstrated that it was mitigated by a drug rehab program and lifestyle changes. CBP recommends you wait until at least two (2) years have passed from your most recent use and … 713 Avenue A Nothing else, no criminal record or anything. I have a question about obtaining a security clearance despite some limited past drug use. If you have used marijuana, anabolic steroids, or misused prescription drugs (recreational use or provided to someone for recreational use) within the last two (2) years, you will not be found suitable for employment and/or eligible to hold a national security position. If the Applicant had been truthful about his drug use there is a chance his personal misconduct could have been mitigated, resulting in the grant of his security clearance. Investigators digging into your past will want to know if you ever engaged in behavior or actions that involved questionable judgment, lack of candor, or outright dishonesty. I don’t know about the value of avoiding having the public trust denied by withdrawing the application. The truth will set you free is an expression that is all too apt here. The first step is filling out the SF-86 form (with all truthful answers) before it goes through an investigative process initiated by the OPM or an outside agency that is contracted by the OPM. Phone: (256) 485-0195, Opelika Location 15-00234, the security clearance concerns … Did you steal from a store years ago or use drugs? Over the past several years, the government has tightened its rules regarding granting security clearances. 89. I know from the FAQ that marijuana use to the extent I was using it generally requires about 18 months before time since last use is a mitigating factor. Cullman, AL 35055 Since the applicant eventually decided to be honest, the judge was lenient. Used mdma once to experience a concert. The judge approved the appeal on the basis that the applicant was so forthcoming. Marriage to a non-citizen or extensive international travel can also slow down approval. The questions posed to individuals under oath and penalty of perjury ask a wide array of questions to include the use of illegal drugs in the past seven years and if illegal drugs have EVER been used while holding a security clearance. Opelika, AL 35601 Due to this small but very consequential omission, the applicant’s security clearance was quickly denied. However, there may be ways to mitigate the initial omission or falsehood by correcting the omission with your security officer. In general, the security clearance investigation is looking for evidence of untrustworthyness. Because of this, I've been avoiding applying for jobs that require a security clearance. I Need Help WithSecurity Clearance Denials & AppealsPre-Clearance Counseling & SF-86 AssistanceMilitary & Government Security ClearanceResponding To SOR/LOIAdministrative Hearing & Personal AppearanceOtherMessage Our Attorneys100% Confidential. security clearance + previous drug use? 8 years ago. Mobile, AL 36602 Did you receive a SOR or LOI and need help from a qualified Security Clearance Attorney? 605 Bank Street This was admitted freely and is well documented. The process for obtaining a security clearance can take around six months to complete. When someone registers for a plan, DrugProof.net then contacts the participant via text message, email and telephone call when the test is purchased. It depends, in large part, on the exact circumstances of the use (police record, amount used, how long ago, ect.) Chewy Ivan 2. Drug involvement includes the abuse of illicit and legal drugs. Phone: (601) 638-3400, Powell Location Smoked marijuana less than 10 times for sure during the period of my clearance. But if you are investigated and found to have falsified information, the penalties will be harsh. The process of adjudication is known as “the whole person concept,” which takes into account the information you voluntarily submitted, the nature and seriousness of the information you presented, and the frequency of questionable conduct you may have engaged in. The … I am a PhD scientist in my early 30's. Looking to get a secret clearance for my employer and had a few questions regarding my chances. You can view our Privacy Policy here. The results are made available on a secure website for the participant’s review shortly thereafter. Phone: (256) 760-1010, Huntsville Location Are you about to complete your SF-86 and need assistance? I’ve been clean for over 6 months and will not use again, and don’t keep in … There are certain relatively common factors that are likely to slow down a suitability check or security clearance. Caught up in a storm of enlistment … Even if you omit information, that information could be discovered and would be perceived the same as lying. Phone: (334) 887-7666, Anniston Location Urine, hair and blood testing are available without a court order or doctor’s referral. The OSI also comes to USAFA years after to see if you lied on your AF Form 2030. Security Clearance Retained Despite Drug Use MIDWEST: Client civilian government employee realized that he had misunderstood a question on an earlier SF-86 regarding past drug usage while completing a new version of the SF-86 during a periodic reinvestigation. While this seems like a minor issue, since marijuana is legal in quite a few states as of this writing, the drug is still considered illegal federally. During this process, the investigator will set up interviews with the references you provided on the form. Shelby County Location As part of the appeals process, the applicant was interviewed by an OPM investigator during which time he admitted freely to providing false information about his previous drug use. Wasnt my cup of tea. LabCorp), give their name and the screen is administered. The security clearance process applies the “whole person” concept so one mistake alone will not sink your chances. Disclaimer | Privacy Policy, The use of e-mail or this form for communication with Bond & Botes, PC or any individual member of the firm does not establish a lawyer-client relationship. 102 South Court Street, Ste 314 Most … I would never expect to be granted a clearance on this … 6704 Watermour Way Security clearance applicants are fortunate that the mitigating factors in both guideline G and H acknowledge that individuals sometimes do run into drug and/or alcohol issues. Phone: (251) 216-0110, Cullman Location 427 Second Avenue SW Once you have lied or omitted information on the questionnaire, the most you can hope for is outright denial. For all of us who have security clearances. The lesson is never lie, even about prior drug use, which you may feel is no big deal, but is definitely a significant matter for those in charge of determining your security clearance eligibility. In accepting a security clearance, however, government employees and contractors also accept an obligation to remain drug free in the future. New state laws, public opinion, … Catie is also considered an expert in adjudicative mitigation while being well-versed in all security risk guidelines. Share Tweet Reddit Whatsapp Mail Print. 903 20th St And yet another case, DOHA Case Number 15-00234, the applicant admitted to smoking marijuana in college. Lv 7. 225 Pratt Avenue NE 1001, which says that, “whoever, in any matter within the jurisdiction of the executive, legislative, or judicial branch of the Government of the United States, knowingly and willfully – (1) falsifies, conceals, or covers up by any trick, scheme, or device a material fact; (2) makes any materially false, fictitious, or fraudulent statement or representation; or (3) makes or uses any false writing or document knowing the same to contain any materially false, fictitious, or fraudulent statement or entry; shall be fined under this title, imprisoned not more than 5 years…”. Hattiesburg, MS 39401 Had the applicant been confronted by the investigator, the outcome may have been different. Generally speaking, no. CBP takes many considerations regarding previous illegal drug use into account in order to determine the suitability of an applicant. Even tiny lies can be discovered. These are usually face-to-face meetings, during which time the investigators will ask those references for two other people that know you, whereby those interviews will also be held in an in-person environment. Now if you “ever” used drugs while holding a security clearance or in a position of public safety then you will have to list it. Catie Young is one of our security clearance law partners and is known for representing hundreds of clients at the administrative level. The applicant appealed the decision to the DOE Office of Hearings and Appeals. Adjudicative Guideline H: Drug Involvement is one of the 13 adjudicative criteria which could lead to the denial or revocation of a security clearance. If you lie on the SF-86, you could face fines and/or up to five years in prison. I’m worried about my drug use in college, more specifically with marijuana. Phone: (865) 938-0733, Cedar Bluff Location My wife tells me I should have lied, and I can see her point I mean how many folks have seriously never done drugs, there are surveys that show that nearly … Section 23 of the SF 86, which is the form that is required to be completed up front and submitted prior to the issuance of a security clearance, covers not only usage itself but also asks whether treatment has ever been advised or ordered among an array of other topics. Relevance. I know that I should be completely honest with it so I was planning on telling the truth. I applied as a cop, was honest n ofcourse disqualified for ten yrs. I have heard that this will probably disqualify me from getting an ROTC scholarship, and have been advised to not admit to this. My previous blog posts regarding security clearances cover the changes instituted by the government to give closer scrutiny in deciding whether to grant an individual access to classified material. In DOHA Case No. 430-B Chestnut Street After going thru the process of secret, let alone TSBI and others. That’s right. Random testing is available at varying frequencies (weekly, 2x per month, monthly). What are investigators looking for specifically? The bankruptcy lawyers at the Bond & Botes affiliated offices serve clients at offices in Anniston, Birmingham, Mobile, Montgomery, Opelika, Decatur, Huntsville, Florence, Haleyville and Gadsden, Alabama; Vicksburg, Hattiesburg and Jackson, Mississippi; and Knoxville, Tennessee. If I used marijuana and experimented with other drugs over two year ago while in college, will I be denied a security clearance? This is the result that was reached in a 2015 case where the Applicant disclosed his past drug use on his security clearance application. During that conversation, the applicant pledged to tell the truth no matter the consequences. Candidates for DOJ Honors, SLIP and volunteer internships are all subject to a residency require… Former White House adviser’s security clearance was blocked over past marijuana use. Unlike … Huntsville, AL 35801 Investigators will also consider the motivation for your previous conduct, and the likelihood that the conduct will be repeated. Florence, AL 35630 If a person smoked pot in early July 2009, what is the likelihood of that person getting a secret security clearance for summer 2010 federal government internships? The moment someone gets wind of the fact that the government has security clearance concerns regarding past drug usage, (for example, when the government issues interrogatories questioning past drug usage or alleges it in a Statement of Reasons (SOR) with an intent to deny or revoke a clearance), I recommend that the individual immediately undergo twice monthly independent drug testing. This means that all drug use, even marijuana, needs to be reported in full. By submitting this form you agree that you have read and understand the, Merit Systems Protection Board (MSPB) Appeals, Security Clearance Concerns – Alcohol Consumption and Drug Involvement/, Security Clearance Concerns - Financial Troubles. Can You Fix a Lie on Your SF-86 Questionnaire? Although the Adjudicative Guidelines list any drug use as a disqualifying condition; most young people are able to substantially mitigate their drug involvement. 311 Catoma Street So where the original poster’s drug use in itself is probably not of great concern, in combination with the falsified SF-86, it does raise red flags. DoD employee received an SOR after properly responding to the question and alerting his security officer to … Knoxville, TN 37923 The security clearance concern regarding drug involvement, as delineated in the Adjudicative Guidelines, is that the “use of an illegal drug or misuse of a prescription drug can raise questions about an individual’s reliability and trustworthiness, both because it may impair judgment and because it raises questions about a person’s ability or willingness to comply with laws, rules, and regulations.” Use of an illegal drug is clearly criminal conduct while misuse of a prescription dru… I’ve had clients who received interim clearance with drug use similar to yours (occasional use of marijuana and experimental use of one other … At Bond & Botes, we now offer complete debt relief over the phone or by video from the comfort and safety of your home or office. Right now an interim Secret clearance for a defense contractor is taking a couple of months, but a final Secret clearance will take 6 to 12 months (or more) depending on the seriousness of the issues present in the case. Phone: (205) 486-3580, Gadsden Location Read our disclaimer here. While the applicant did tell the truth about his marijuana usage in college, he wasn’t quite as forthright about the frequency. If the government ever raises a concern about someone’s past drug usage, here is how I suggest that the individual handle this concern, this assumes that the person is now clean and sober and has changed his or her life. This type of evidence will be irrefutable and it will greatly support the testimony of the individual who has now gotten his or her life in order. Security clearance and past drug use. https://www.bondnbotes.com/2015/08/24/security-clearance-drug-usage As I have often noted, I am not familiar with the standards for public trust, but for a security clearance, one year drug-free is the absolute minimum and two years is better. USAFA and the the individuals who do your clearance compare notes after inprocessing. When a position in the military or with a federal agency requires a security clearance, the process for obtaining clearance begins by filling out Standard Form 86, also referred to as SF-86 or E-QIP. Birmingham, AL 35244 Phone: (601) 353-5000, Hattiesburg Location If you have a concern regarding getting or keeping a security clearance, please contact me for a consultation. He was forthcoming on his SF-86 and during interviews, and the drug use became a non-issue, particularly because he told investigators that he had no plans to use drugs ever again. I would do this twice per month, each and every month, until the person is 100% sure that the government’s concerns have been alleviated. However, a review of security clearance cases demonstrates that marijuana continues to be a concern for many applicants. Other relevant details: various drugs used … 1212 Farmer Street November 9, 2009 12:44 PM Subscribe. Relatively recent but infrequent drug use may be forgiven if a convincing argument is presented that there is no intention to use in the future, and/or the conditions associated with that drug use have been … However, during his interview, the applicant told the investigator he only smoked marijuana once in his entire life. DrugProof.net can be a perfect solution to alcohol and/or drug use concerns or accusations. Phone: (865) 947-1399, © 2021 by Bond & Botes Law Offices. Many security clearance applicants become tempted to hide former drug use, such as the fact that they smoked marijuana or abused prescription pills, perhaps back in college. Imagine this scenario: you just graduated college and are offered a job that requires eligibility for a security clearance. Phone: (205) 802-2200, Florence Location Keep in mind that the SF-86 asks you to confirm that all information is true. Dont plan to smoke in the future. The drug question is one of the 7 year questions. A recent case involved a Department of Energy applicant who omitted information about former drug use on the SF-86. Also if you have ever been arrested for drugs you will have to list it. Of prime concern to security clearance administrators is personal conduct, criminal conduct, foreign preference, and drug use, to name a few. The applicant stated that he smoked marijuana three times per week while attending college. You fill out the SF-86 and for fear of not getting the job offer, omit the fact that you used marijuana and misused prescription drugs a few times while in college. I tried marijuana once and drank twice when I was 16, just to test both. I then have the individual keep all of the drug tests so that it can be presented to either a security clearance adjudicator and/or security clearance administrative judge to show that the individual is, in fact, clean and sober. Instead, he was motivated to maintain exemplary personal conduct for the long-term future. 15 Southlake Lane, Ste 140 Jackson, MS 39211 Please call 1-877-581-3396 or click here to setup your free phone or video consultation. However, because the man was honest and forthcoming during his face-to-face interview, the judge overlooked the slight because the man divulged the information first before investigators had to dig the information up. 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