Security Clearance Lawyer
Call (702) 388-1216
or E-Mail Kenneth Roberts, Esq.
For A Free Consultation
If you believe that you may have clearance problems, and will need to apply for, or renew a clearance in the future, or have been recently denied a clearance, please call Kenneth M. Roberts, Esq., Lt. Col., USAF (Ret.) at (702) 388-1216 for a confidential consultation.
The adjudicative process is an examination of a sufficient period of a person’s life to make an affirmative determination that the person is eligible for a security clearance. Eligibility for access to classified information is predicated upon the individual meeting these personnel security guidelines. The adjudicative process is the careful weighing of a number of variables known as the whole person concept. Available, reliable information about the person, past and present, favorable and unfavorable, should be considered in reaching a determination. In evaluating the relevance of an individual’s conduct, the adjudicator should consider the following factors:
a. The nature, extent, and seriousness of the conduct;
b. The circumstances surrounding the conduct, to include knowledgeable participation;
c. The frequency and recency of the conduct;
d. The individual’s age and maturity at the time of the conduct;
e. The voluntariness of participation;
f. The presence or absence of rehabilitation and other pertinent behavioral changes;
g. The motivation for the conduct;
h. The potential for pressure, coercion, exploitation, or duress; and
i. The likelihood of continuation or recurrence.
2. Each case must be judged on its own merits, and final determination remains the responsibility of the specific department or agency. Any doubt as to whether access to classified information is clearly consistent with national security will be resolved in favor of national security.
3. The ultimate determination of whether the granting or continuing of eligibility for a security clearance is clearly consistent with the interests of national security must be an overall common sense determination based upon careful consideration of the following, each of which is to be evaluated in the context of the whole person, as explained further below:
a. Guideline A: Allegiance to the United States
b. Guideline B: Foreign influence
c. Guideline C: Foreign preference
d. Guideline D: Sexual behavior
e. Guideline E: Personal conduct
f. Guideline F: Financial considerations
g. Guideline G: Alcohol consumption
h. Guideline H: Drug involvement
j. Guideline J: Criminal conduct
k. Guideline K: Security violations
l. Guideline L: Outside activities
m. Guideline M: Misuse of information technology systems
4. Although adverse information concerning a single criterion may not be sufficient for an unfavorable determination, the individual may be disqualified if available information reflects a recent or recurring pattern of questionable judgment, irresponsibility, or emotionally unstable behavior. Notwithstanding the whole person concept, the pursuit of further investigation may be terminated by an appropriate adjudicative agency in the face of reliable, significant, disqualifying, adverse information.
5. When information of security concern becomes known about an individual who is currently eligible for access to classified information, the adjudicator should consider whether the person:a. Voluntarily reported the information;
b. Was truthful and complete in responding to questions;
c. Sought assistance and followed professional guidance, where appropriate;
d. Resolved or appears likely to favorably resolve the security concern;
e. Has demonstrated positive changes in behavior and employment;
f. Should have his or her access temporarily suspended pending final adjudication of the information.
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