What You Need to Know Before Applying for National Security Clearance in the Private Sector

If you need national security clearance for a job in the private sector, there is a lot you need to know. The process of obtaining national security clearance is complex, and, as you would expect, there are strict rules regarding who can obtain clearance (and at what level). As a result, it is generally best to hire an experienced Maryland employment attorney who can help you prepare your application, guide you through the process and deal with any issues that may arise on your behalf.

Here are some important details from the U.S. Department of State:

You Can’t Just Apply for National Security Clearance

The first thing you need to know is that you can’t just apply for a national security clearance. As the U.S. Department of State explains, “Applicants cannot initiate a security clearance application on their own. You must have a specific conditional offer of employment that falls under [the Diplomatic Security Service’s (DSS)] jurisdiction.” Once you receive a qualifying conditional offer of employment, you should be contacted by a Clearance Coordinator who will initiate the next steps in the process.

You Need to Make Sure You Know What Level of Clearance is Required for Your Job

Generally speaking, you can only obtain the level of national security clearance that is necessary in order for you to do your job. In the words of the U.S. Department of State, “[a] security clearance allows an individual filling a specific position to have access to classified national security information up to and including the level of clearance they hold, as long as the individual has a ‘need to know’ the information . . . .”

As a result, before you start the application process, it is important to make sure you know what level of clearance is required. The higher the level of clearance you need, the more vetting the federal government will need to do—and the more prepared you will need to be.

Several Factors Can Lead to National Security Clearance Denial

As part of your preparations, you should determine whether there is any reason why the DSS might deny your application. National security clearance applications are governed by the Adjudicative Guidelines for Determining Eligibility for Access to Classified Information, and these guidelines establish 13 broad grounds for denial:

• Lack of allegiance to the United States
• Foreign influence
• Foreign preference
• Sexual behavior
• Personal conduct
• Financial considerations
• Alcohol consumption
• Drug involvement
• Emotional, mental and personality disorders
• Criminal conduct
• Security violations
• Outside activities
• Misuse of information technology systems

If you are concerned that you may be at risk for denial, you will want to discuss your concerns with your Maryland employment attorney promptly. While potential grounds for denial can be overcome in many cases, avoiding denial when you are at risk requires an informed and proactive approach.

The Process Usually Takes Around 120 Days

The processing time for national security clearance applications is currently around 120 days. Generally speaking, you should plan for the process to take at least 120 days, though you may need to be prepared to wait longer if issues arise during the application process.

You Can Download the Questionnaire for National Security Positions (Standard Form 86) to Get Started

In a series of FAQs on the national security clearance application process, the U.S. Department of State “suggest[s] you print the Questionnaire for National Security Positions (Standard Form 86) and begin collecting that information so you will have it ready when asked.” While the Questionnaire for National Security Positions is a good place to start, it is also extremely long and detailed. By working with an experienced Maryland employment attorney to complete the questionnaire, you can ensure that you do not inadvertently omit or misrepresent any information that is required.

You Will Almost Certainly Have Questions During the Process

Finally, due to the complexity of the national security clearance application process, you will almost certainly have questions along the way. While you can ask the government for help in some cases, getting a response can take time, and the government cannot provide legal advice based on your specific circumstances. This is yet another reason to hire an experienced Maryland employment attorney to assist you.

Schedule an Appointment with a Maryland Employment Attorney as Soon as Possible

If you need to obtain national security clearance for a job in the private sector, Maryland employment attorney Jay W. Stafford and his team can help. To get started with a confidential initial consultation, call us at 410-514-6099 or tell us how we can help online today.