United States Government security clearance procedures, regulations and eligibility standards can be difficult and confusing to navigate. Tully Rinckey’s team of security clearance attorneys has compiled a list of frequently asked questions to help provide clarity and guidance for common issues associated with security clearances. For additional support, or to schedule a security clearance consultation, contact our team at 8885294543 or info@fedattorney.com.
In general, a security clearance is an administrative designation required for any federal employee, service member, or government contractor who performs duties for the U.S. Government that require access to and/or the handling of classified information or material. These are Personnel Security clearances (PCL). Facility Security Clearances (FCL) are granted to contractor companies and facilities.
A security clearance may be required just to work in a building or area where classified information may be stored or shared, even if you are not accessing or reviewing it yourself. Cleared individuals have access to classified information up to and including the level of security clearance they hold, provided they require that access to perform or assist in a lawful and authorized function of government (“Need-to-Know”).
Most security clearances are rendered by the U.S. Defense Counterintelligence and Security Agency (DCSA), including all military, civilian, and industry personnel affiliated with the Department of Defense (DoD); as well as most Department of Energy (DoE) personnel. Generally, being granted a security clearance means an individual is allowed to access and/or handle a certain level of National Security Information.
Similarly, the Department of Energy (DoE), by nature of its work, utilizes access authorizations. These may refer to the level of Sensitive Compartmented Information (SCI), Special Access Programs (SAPs), Restricted Data and/or Special Nuclear Material an individual is authorized to access. Access authorizations are commonly referred to as “security clearances,” even within the DoE. Other departments will also use access authorizations interchangeably with security clearances, not just the DoE.
**[for more on security clearance and access authorization levels, see here** link to SC 3: Types of Security Clearance]
A security clearance application is commonly referred to as a Standard Form 86 (SF-86). Depending on the level of clearance you are requesting, you may need to include information about your:
The timeframe you are expected to provide information for will vary. Some questions may ask about the past seven years, while “ever” questions expect answers on precisely that: for ever, i.e., your whole life. Ever questions apply even if you were a minor at the time, or if the charges were expunged and the record sealed.
Security clearances, as well as access authorizations, are administrative designations that correspond to an individual’s permitted access to a certain level or type of classified information of material, be it National Security Information (NSI), Restricted Data (RD), Sensitive Nuclear Material (SNM), or Sensitive Compartmented Information (SCI). Security clearance levels—Confidential, Secret, and Top Secret—correspond to the level of National Security Information (NSI) access granted to the cleared individual. Access authorizations utilized in the DoE correspond to the sensitivity of the material accessed.
The three levels of security clearance are:
Other clearances include:
The Department of Energy (DoE) processes the above security clearances as well as two levels of access authorization (Q and L).
The Defense Counterintelligence and Security Industry (DCSA) is the U.S. federal agency charged with personnel and industrial security. Though not officially formed until 2019, the agency’s origins date back to the Defense Investigative Service (1972-99) and Defense Security Service (1999-2019). Since incorporating the National Background Investigations Bureau (NBIB) in 2016, DCSA oversees over 95% of federal background investigations. Practically all U.S. security clearances pass through DCSA at some point in the process.
The 13 Adjudicative Guidelines, outlined in the Security Executive Agent Directive 4 (SEAD 4), lists those conditions which may contribute to an unfavorable decision that you are not eligible for a security clearance. These are commonly referred to as “disqualifying conditions.” While no singular guideline will result in automatic denial, Guideline E (“Personal Conduct”) includes attempting to conceal information during the application and investigation processes, and this will likely result in denial. Lying about or attempting to conceal drug use, for example, can harm your prospects far more than the drug use itself.
Some of the most common reasons for security clearance eligibility denials and revocations are: Financial considerations (Guideline F), Alcohol Consumption (Guideline G), Drug Involvement (Guideline H)—particularly marijuana—and Personal Conduct (Guideline E). However, almost any guideline can be mitigated with diligent planning and preparation.
No, you cannot apply for a security clearance on your own to try and make yourself a more desirable job candidate. You must have an employer sponsor you before you can access the application (eApp). While there are no shortcuts to a security clearance, there are some steps you can take to get ahead of the game:
The time it takes to get a security clearance depends on multiple factors, like agency backlogs, the level of clearance you are applying for (the higher the level, the more probing the investigation must be), and whether anything in your application merits further investigation/requests for additional information. For most, the process takes several months. For others, it may take a year or even two years.
For the individual, it should not cost anything to get a security clearance. The sponsoring agency or company will cover the costs of your clearance application. However, if you believe something in your background may pose a red flag—particularly if you have previously had your security clearance eligibility denied or revoked—you may wish to consider consulting a security clearance attorney to review your application beforehand and make a plan to mitigate any red flags.
The 13 Adjudicative Guidelines (found in SEAD 4) is a non-exhaustive list of issues of potential security concern. In general, the government is concerned by anything that might make you a risk to national security: whether it is because you are not reliable enough to be trusted with sensitive information, or your vulnerability to coercion, bribery, or blackmail. Some of the biggest red flags include lack of candor (lying or concealing information), demonstrated patterns of poor judgment (e.g., multiple bankruptcy filings, multiple arrests), and being in dire financial straits.
[*Read more about the 13 Adjudicative Guidelines here. **Link to SC 5: Denial and Revocation]
It depends. Firstly, marijuana is an illegal, Schedule I substance in the eyes of the U.S. federal government: the one issuing security clearances. That may change. For instance, President Trump issued “Increasing Medical Marijuana and Cannabidiol Research”: an Executive Order on December 18, 2025,directing the Department of Justice to initiate rulemaking to reschedule marijuana from a Schedule I to a Schedule III drug. But for now, marijuana currently remains a Schedule I drug. Consuming any marijuana product puts your security clearance eligibility at risk. If you used marijuana but stopped once you learned it would be an issue and have not used since, that could potentially be mitigated. However, if you continued to use marijuana after learning it would be an issue—or worse, after receiving a security clearance—that is far more challenging to mitigate.
It depends on the larger context. Was filing for bankruptcy the responsible thing to do given the circumstances? What it often comes down to is this: did you act responsibly given the situation at the time? In this case, do you have a financial plan in place, and are you reliably meeting the targets of that plan? Your goal is to demonstrate credibility and good judgment, such as by showing: 1) self-awareness and recognition of an issue, 2) willingness to proactively report the issue before it is brought to you for explanation, and 3) a documented pattern of positive changes (consolidating debts, making regular payments, financial counseling, etc.).
The Continuous Evaluation (CE) program uses an automated process of Continuous Vetting (CV) which monitors those with security clearance on an ongoing basis by leveraging public records and select databases. Should an event flag concern—such as an arrest or a sudden unexplainable and expensive purchase—this will trigger further investigation by security personnel. Whenever feasible, it is preferable that you self-report before an issue is brought to your attention by your security officer/FSO.
Trusted Workforce 2.0, Continuous Vetting (CV) has been steadily reducing the need for periodic reinvestigations by monitoring personnel on an ongoing basis. Now, all cleared personnel enrolled in CV, regardless of level, must submit a new, updated SF 86 on eApp every five years. However, a request could be triggered sooner by automated database checks of CV. If you are unsure, contact your FSO.
Your security clearance will likely transfer over through Reciprocity. Under Security Executive Agent Directive 7 (SEAD 7), “Reciprocity of Background Investigations and National Security Adjudications,” most agencies accept one another’s eligibility. Reciprocity typically holds true in the case of DoE as well. However, while L and Q access authorization eligibility is equivalent to Secret and Top Secret security clearance eligibility respectively, the reverse is not true. L and Q access authorizations cover access to restricted material and data that Secret and Top Secret security clearances do not. Some intelligence agencies may require additional information or a completely separate investigation before reciprocity can be approved.
The Defense Office of Hearings and Appeals (DOHA), part of the Department of Defense, has historically handled the majority of appeals in security clearance cases. Now, most of these are handled by DCSA. However, DOHA still holds hearings and issues security clearance decisions for government contractor employees doing classified work for DoD and other federal agencies.
Your security clearance is tied to your sponsorship (your employer). Your security clearance is “active” so long as:
Should Continuous Vetting (CV) flag a concern during the time you have access to classified information, your federal employer or an investigative agency may conduct a review to determine whether you should still be eligible for access to classified information. If the concerns are serious enough, your access to classified information may be suspended, pending resolution of the review.
If you are a federal employee or member of the military, and the concerns are serious enough, your chain of command may also locally suspend your clearance until a final determination is made by DCSA (or the equivalent department). A local suspension simply means you no longer have access to classified information in a given location. In some cases, this local suspension may apply to any area your command oversees.
Your security clearance is tied to (1) your sponsoring employer and (2) the scope of your duties. If you are no longer in a position for which you need access to classified information, or you leave your position/employer permanently, your clearance will be terminated.
Yes; if your clearance was terminated because of administrative reasons like a job change, it is relatively simple to restore your security clearance after it has been terminated. If it has been less than two years since your clearance was terminated, you may not even need to undergo another full investigation to have your security clearance reinstated.
However, if your security clearance was terminated because you presented a security concern—e.g., you were arrested, used marijuana, attempted to conceal derogatory information, failed to pay your taxes—restoring eligibility for security clearance is far more challenging. You must wait at least one year before attempting to reapply for clearance after either a denial or revocation of your clearance.
An interim security clearance is a temporary security clearance. Interim clearances are commonly issued for those employed and sponsored by a cleared contractor, once a security clearance investigation has begun and initial reviews of proof of U.S. citizenship, fingerprints, and the SF-86 were found to be favorable. If the application ends with a positive determination, the interim clearance is replaced with a standard security clearance. If an adverse determination is made, the interim clearance is revoked. It is important to note that if an interim clearance is denied, there are no opportunities to appeal such a determination. However, being denied interim clearance does not necessarily mean your full permanent clearance will also be denied.
At the beginning, the security clearance process is largely the same for contractors (industrial employees) and federal employees or servicemembers. A sponsor is required to apply, the same standard forms (SF-86) are used, and the same adjudicative guidelines (SEAD 4) apply when determining eligibility. Contractors also have due process in the event of revocation or denial. While the due process differs, it is based on the same adjudicative guidelines.
(1) A personal appearance (essentially a hearing) in front of a DOHA Administrative Judge, who in turn makes a recommendation to the Personnel Security Appeals Board (PSAB) to either deny/revoke or grant the clearance.
OR
(2) Submit a written appeal directly to the PSAB. PSAB will then issue a final determination to either grant or deny/revoke the clearance.
Note: Not all Agencies have the same exact process for clearance adjudications, but they are all similar to the DoD process described above.
Security Clearance Levels and Access Authorizations – Security Clearances generally cover access to National Security Information. The DoE grants access to Restricted Data and Special Nuclear Material, not necessarily National Security Information, so they issue access authorizations. Note that access authorizations are not limited to the DoE. Access authorization refers to the level of Restricted Data and/or Special Nuclear Material an individual is authorized to access.
Access authorizations are commonly referred to as “security clearances,” even within the DoE. While Top Secret and Secret security clearances are equivalent to Q and L access authorizations respectively, Restricted Data is considered more sensitive than National Security Information. So, someone with a Q clearance could have Top Secret access, whereas someone with Top Secret access would not necessarily have Q access.
Summary of Security Concerns (SSC) and Adjudication – In other agencies, individuals who have their security clearances revoked or denied are issued a Statement of Reasons (SOR). Individuals generally have the ability to submit a written response to an SOR and then, should that response not sufficiently mitigate security concerns, have the opportunity for a hearing or personal appearance. In the DoE, however, you are issued a Summary of Security Concerns (SSC), not an SOR.
Once you receive your SSC, you have (usually) 20 days to respond. You may submit a written response or have a hearing—not both. When it comes to hearings, DoE tends to assign a judge and hold a hearing within 60 days. Also, the DoE utilizes and relies upon expert witnesses more than other agencies. Finally, the DoE is more likely to present favorable information during hearings than other agencies.
Appeals – As with other agencies, DoE does allow for appeals in the event an adverse decision is made after the written response or hearing. A request for review (or an appeal) to the three (3) member Appeal Panel must be submitted within 30 days. It is important to note that if a decision from a written response or hearing is favorable, the DoE may also submit an appeal.
It depends. If you are working in an area containing restricted information or materials, it is possible you will require some level of clearance or access authorization. The security requirements for commercial nuclear power plants are less stringent than DoE-run facilities. However, all nuclear facilities in the U.S. are overseen by the Nuclear Regulatory Commission (NRC). NRC regulations require that any person with unescorted access undergo a certain level of training as well as background screening (including random drug testing). These background screening processes are generally less invasive and thorough than federal security clearance investigations.
Contact our offices today to speak with an experienced security clearance attorney about your individual situation. Call us 24 hours a day, 7 days a week at 8885294543 or via email at info@fedattorney.com.