How to Lose a Security Clearance
For professionals in the national security, defense, and intelligence sectors, a security clearance is the bedrock of their careers. Being approved for a clearance means there is a level of trust between an individual and the United States government. But this pact is not permanent. It may be revoked faster than it can be granted, and losing a clearance can devastate a career.
How to Lose a Security Clearance You Already Have
Which leads to an important question. As a cleared insider who has already been vetted, investigated, and granted access to the nation’s secrets, what can cause you to lose that access?
The loss of a clearance rarely happens because of a single, dramatic event. It is typically due to an erosion of judgment or a group of choices made over time. Any behavior that suggests an individual has become an unacceptable security risk may lead to one undesirable outcome: losing a security clearance.
Who decides? The framework for re-evaluation and continuous evaluation is the same 13 Adjudicative Guidelines used to determine initial clearance eligibility. But for those who already have a clearance, those guidelines are used differently. They are applied to the employee’s recent past and interpreted against the information found in past investigations.
For the cleared professional, the question is whether their actions or circumstances have changed since the last investigation in a way that creates new questions about the ability to maintain the security clearance.
The discovery of new, potentially derogatory information is what potentially triggers the revocation process.
How Derogatory Information Comes to Light
The government uses various tools to verify that clearance holders remain trustworthy.
Continuous Vetting (CV): Under this model, automated record checks and data pulls are conducted on clearance holders at random, frequent intervals. This system continuously cross-references an individual’s data against criminal records, financial and credit reports, and other public and commercial data sources. A new DUI charge, a sudden accumulation of massive debt, or an arrest for domestic violence that might have gone unnoticed until the next five-or ten-year review may trigger an alert in near real-time, initiating a security review.
Periodic Reinvestigations: These deep dives into your life are required periodically (hence the name) and may require new interviews, and fresh checks of your records. You may also be asked to supply new or updated references. These reinvestigations are designed specifically to uncover any changes since last time.
Self-Reporting: When you have a security clearance, you are required to report certain life events. These can include foreign travel, new relationships with foreign nationals, significant financial or psychological treatment, arrests, or excessive alcohol use. Failure to self-report may be seen as a more serious transgression than the underlying issue itself. To the investigator, it demonstrates a lack of integrity and a deliberate concealment of a potential security concern.
Losing an Existing Security Clearance
There are many indicators a security clearance investigator might find cause to suspend or terminate a security clearance. These are known as “adjudicative guidelines,” and for those who already have clearances and are worried about losing them, the following information will help.
Allegiance to the United States
This is not about past associations but present actions for a clearance holder. Actively participating in or providing support to any group that advocates for the use of force to overthrow the U.S. government, or expressing a desire to do so, is a clear path to revocation. This has become particularly relevant with the rise of domestic extremist groups. Publicly or privately advocating for the violent overthrow of democratic processes is fundamentally incompatible with holding a position of public trust.
Foreign Influence
Some have foreign contacts when they were granted a clearance, but the nature of those contacts can change. For example, perhaps you have started a new, close relationship with a citizen of a country known for aggressive intelligence gathering against the U.S. If you suddenly inherit property or business interests in a foreign country, particularly one with hostile interests, the government will be concerned that a foreign entity could use that as leverage against you. Failing to report these new entanglements is a red flag.
Foreign Preference
Did you get a foreign passport after receiving your clearance? Depending on circumstances, that may be considered an issue.
There are other examples. Actively exercising rights of foreign citizenship, such as voting in foreign elections or accepting foreign government benefits, can be interpreted as placing the interests of another nation on par with, or even above, those of the United States.
Sexual Behavior
For a cleared individual, developing a pattern of high-risk sexual behavior that could expose you to blackmail is a considered direct threat to national security. For example, if you begin engaging in clandestine extramarital affairs or engaging in any criminal sexual behavior, you potentially create a situation a foreign intelligence service would be eager to take advantage of. The moment the behavior makes you susceptible to coercion or extortion, your clearance is in jeopardy.
Personal Conduct
Personal conduct problems often manifest as a breakdown in honesty and integrity after being granted trust. This includes deliberately falsifying official documents like timecards or travel vouchers, lying to a supervisor or security official about a security incident, or attempting to conceal a violation of regulations.
Behavior that shows a disregard for rules, such as accumulating numerous serious traffic violations or engaging in workplace harassment are all potential issues.
Financial Considerations
One of the most common reasons for clearance revocation. A sudden job loss for a spouse, overwhelming medical bills, a gambling addiction, or simply living irresponsibly beyond your means can lead to a large amount of debt. And that could be used against you by an adversary.
A foreign agent offering you $50,000 to pay off your credit cards, for example, in exchange for a “small” piece of classified information becomes a real-world security threat. Hiding this financial distress, and failing to seek help, only compounds the problem.
Alcohol Consumption
Getting a DUI, showing up to work intoxicated or hungover, or being cited for alcohol-related offenses like public intoxication can complicate your ability to maintain your clearance. Alcohol consumption leading to socially unacceptable behavior calls your overall judgment into question.
Drug Involvement
Any use of illegal drugs or unauthorized use of prescription drugs is be grounds for security clearance revocation. Security clearance investigators view this as a willful violation of federal law and a lack of judgment.
Psychological Conditions
Having mental health issues is not a security clearance issue on its own. A clearance holder who proactively seeks counseling for stress, anxiety, or depression is typically viewed as acting responsibly. The security concern arises when a psychological condition is newly diagnosed and severe enough to impair judgment, potentially, or when an individual refuses to follow a prescribed treatment plan.
If a condition causes you to be paranoid, emotionally unstable, or unable to perceive reality, your ability to protect classified information reliably is compromised. Concealing a relevant diagnosis or refusing to comply with medical advice will hurt your ability to keep your clearance.
Criminal Conduct
Any criminal conduct committed after your clearance is granted is a serious issue and the level of the crime is not as important as the pattern of it. Misdemeanors, an arrest for domestic violence, a shoplifting charge, or involvement in fraud demonstrate a failure to live by the rule of law.
Handling Protected Information
Any violation of security protocols related to classified information can lead to immediate revocation of your clearance.
This includes leaving a safe open, taking classified documents home, discussing classified information on a non-secure phone, or accessing classified data you do not have a “need-to-know” for.
A single serious incident or a pattern of minor infractions can be enough to permanently lose your clearance, as it demonstrates a direct failure to perform the most basic duty of a trusted individual.
Outside Activities
If you become associated with an organization whose goals are in conflict with U.S. policy, your clearance could be reviewed. Becoming deeply involved with activist groups that advocate for civil disobedience or have ties to extremist ideologies would also be a major security concern.
Misuse of Information Technology Systems
This includes using your work computer to access pornography, gamble, or conduct a private business. It also includes attempting to hack into systems you are not authorized to access, installing unauthorized software, or sharing your passwords.
The Formal Path to Security Clearance Revocation
When derogatory information is available, the federal government may not choose to simply deactivate access. Instead, a process typically occurs to investigate potential problems and security compromises.
The first formal step is typically sending the employee a “Letter of Intent” (LOI) or a “Statement of Reasons” (SOR) to outline specific allegations against you, citing the relevant adjudicative guidelines.
Giving a Response
You will then be given a specific timeframe for providing a written response to the SOR. This is your opportunity to admit, deny, or explain the allegations and to present mitigating evidence, which is evidence that shows, despite the derogatory information, you are not an unacceptable security risk.
FEDWeek reports, “If your clearance has been denied or revoked (whether officially or with intent), there are options to fight to retain or obtain the clearance. While the options to fight back will depend on your specific situation, many federal employees are able to appeal their revocations successfully.”
FEDWeek notes that being approached about the possible loss of a security clearance is not the automatic end of a federal career, but it’s necessary for the employee to fight back on their own behalf.
You may be able to deliver a written response to a Statement of Reasons (SOR) or Letter of Intent (LOI). You may be allowed to seek attending a hearing with the Defense Office of Hearings and Appeals (for most federal employees) if there is a move to revoke your clearance. These are important steps to take and some feel the need for advice from legal counsel in these circumstances.
The actual details of this process vary from workplace to workplace. Your experience may vary depending on whether you are active duty, a federal employee, or a government contractor.
