Comments on: Ask Your Clearance Questions Part 7

By: Investigator

Investigator — Sun, 25 May 2008 01:38:34 +0000

For the most part I rarely have ever obtained a marriage license. Now divorce records are different. We always obtain those if the divorce occurred with in the last 10 years if the case is an SSBI or since the date of last investigation (DOLI) if the case is a SSBI-PR.

Depending where you live investigators can be in high demand. According to USAJOBS.gov OPM is not hiring any Federal Background Investigators right now. Now if you are really serious you might want to check out USIS, Kroll and CACI since they are the main contractors who do background investigations for OPM. There is another company which does BI for OPM as well but I can not recall the name of it. I know these companies are always looking for people in the DC metro area since that area has the highest amount of background investigations.

As for you clearance, if I am not mistaken a DOE “Q” clearance is basically the same as a TS. I think the DOE just wanted to feel special so they made up their own name for a TS clearance and called it a “Q” clearance.

By: mack

mack — Sat, 24 May 2008 23:27:11 +0000

I was j/w, I got married probably 2000 miles away from my home so I was curious to see what they do or would they even bother looking at that kind of stuff. This whole investigation process is kind of interesting to me for some reason and I have no idea why. Is an investigator a job of high demand? And if I were to get a DOE Q clearance would that be good enough for OPM if I wanted to apply for that job or would I have to get a TS?

By: Investigator

Investigator — Sat, 24 May 2008 21:18:01 +0000

CD/CDL,
I was looking at the Fair Credit Reporting Act after I read your post but I did not see where the SF 85P or the SF-86 are mentioned in it. Where did you see those two documents mentioned?

By: Investigator

Investigator — Sat, 24 May 2008 20:36:34 +0000

Mack,
Most information at a courthouse is public information. An investigator can obtain most information that is not public by using the general release signed by an individual under investigation. If a company/organization does not accept the general release because they have their own release then the investigator will re-contact the individual under investigation to have them sign that release.
As for getting a copy of any information from a courthouse, unless OPM or the agency hiring the individual under investigation specifically requests a copy of what ever document an investigator is looking for, the investigator does not need to obtain a copy of it. I just go into the courthouse and copy the required information down and then report it.
Why do you ask?

By: CD/CDL

CD/CDL — Sat, 24 May 2008 19:29:56 +0000

I have been doing some research on the FTC (Federal Trade Commission’s) website about the Fair Credit Reporting Act. I signed a form when I submitted my security paperwork with my current agency that they may secure credit information and consumer information about me, so they were bound by the obligations under the FCRAand I had certain appeals rights if they choose to use it in their investigation. Sure enough if a federal agency chooses to use information from a credit reporting agency (CRA)/comsumer reporting agency in their investigation they must comply with the FCRA. When a contracted investigator or CRA gathers information for the agency that falls outside of verifying the SF-85P or SF-86 facts it becomes a “investigative comsumer report.” This includes the investigations done by contracted federal investigators who ask questions about you to your employer, neighbors, criminal record searches, etc. If they find out information by accident and turn if over and it is used for adverse actions they are bound by FCRA and the agency that uses it. When the investigator leaves the fact-verifying mode and begins asking questions not listed on SF-85P or SF-86 it is a “investigative consumer report” and must follow the rules of FCRA. This includes turning over information more than 7 years old, and bankruptcy over 10 years old, and other negative information over 7 years old. The attorneys at my agency did not know that’s what a FCRA included until I had them look it up. Many people think it is credit reports and credit debts. It is SOOOO much more than that. And federal agency’s (and the CRA’s, and investigators who turn over the information) are bound by the FTC FCRA obligations to its employees and can be sued in federal and state court.

By: mack

mack — Sat, 24 May 2008 19:24:01 +0000

Are the OPM investigators allowed to go into courthouses and request seeing documents on an idividual for any reason? If so are they allowed to have copies of whatever they are looking for?

By: mattroi

mattroi — Sat, 24 May 2008 14:47:40 +0000

(continue from previous post…)

I contacted my company’s security officer past Monday, and he told me that the investigation is still open and running. Does this means that the other investigators are not done with their investigation yet? Is there anyone else I can contact for a better picture of what is going on? Also, does the TS investigation only goes back to 10 years?
Thanks,
Mat Troi

By: mattroi

mattroi — Sat, 24 May 2008 14:45:55 +0000

Hi,
I have a question about the process of obtaining a TS clearance. I submitted my paper September 2007, and I received my Interim Secret the next day. I received my Interim TS and got interviewed in December 2007. I contacted my interviewer in April 2008, and he told me that his part of the investigation is already submitted for adjudication. He doesn’t have direct contact with the investigators who are working my case in other parts of the country. (continue next post….)

By: myhistory

myhistory — Sat, 24 May 2008 04:59:34 +0000

30 years ago, I was young and foolish – I allowed so called friend to talk me into stealing. I was convicted (felony theft), returned the merchandise, completed probation, and was pardoned as a 1st offender. I never committed another crime. I completed college and two graduate degrees. I have an excellent work history. This has never been a problem for me, until now. I am applying with a DOD contractor, I will need security clearance. In 30 years, I’ve had a 2-3 speeding tickets, which I paid. In the past, I’ve helped to support ailing parents and got into debt, but my bills are all current. Suddenly at 48, I feel like such a loser, this is the job of my dreams and I have the educational and work experience – but I don’t know if I should pursue this job. I have gotten different answers as to how to answer the form 86, how do I explain the pardon?

By: edge141

edge141 — Fri, 23 May 2008 11:49:25 +0000

In Trouble:

This site has addressed this issue many times… Effort does go along ways. I would recommend you review the mitigating factors for Financial Considerations and Personal Conduct.

You could go out and find other employment or, you could address the issues and be done with them…???

I hope this helps?
edge141

By: edge141

edge141 — Fri, 23 May 2008 11:42:24 +0000

JE:

I don’t know if this number will help you or not? It’s worth a shot…
DISCO help line 1-888-282-7682

I hope this helps?
edge141

By: William Henderson

William Henderson — Thu, 22 May 2008 19:16:59 +0000

JE:
Unless there has been a recent change, DISCO does not formally deny an interim clearance–they either grant an interim or they don’t. Are you a U.S. citizen?

By: JE

JE — Thu, 22 May 2008 15:28:03 +0000

I recently took a job at a federal contracting agency to the DOD. After accepting, I found out I needed a secret clearance. The agency doesnâ€™t have an FSO and itâ€™s been a process trying to get the application submitted correctly. It finally was a couple of days ago and we just received a decline from DISCO merely stating â€œeligibility declination 5/21/08.â€ Does anyone know why/how you find out why it was declined? As with others, my employment is contingent on my obtaining this interim clearance. The only somewhat negative information on my application is bankruptcy that was discharged over five years ago and since then Iâ€™ve built a clean credit history. Thoughts?

By: William Henderson

William Henderson — Wed, 21 May 2008 20:29:52 +0000

Stanley:
If your clearance/access is suspended, no one can tell you how long it will take to have the matter resolved. It could be a matter of a month or two, or it could take several months.

If your clearance/access is suspended, your company can temporarily place you in a position that does not require access to classified information, if such a position vacancy exists. This really isn’t the type of question I can answer. You should discuss it with your company FSO and personnel office.

By: Stanley

Stanley — Wed, 21 May 2008 18:33:37 +0000

Mr. Henderson,

Thank you for your response. However your answer has prompted some other questions and concerns.

If my clearance is temporarily suspended, does that mean that I cannot work at my current employer? What is an approxiamate timeframe I should be looking at if my clearance is suspended?

Thanks,

Stanley

By: In Trouble

In Trouble — Wed, 21 May 2008 03:21:17 +0000

I had several unpaid collection accounts during my adjudication process last year, but have now all cleared from my credit report. I have received word that the adjudicator is going to deny my application for secret clearance because I chose to wait 7 years for the items to clear and I indicated that I had no intentions to pay the collections agencies.

Now my employer wants me to call those collection agencies and pay the amounts owed despite being cleared from my credit report, for which I waited 7 years. I don’t know what to do or where to start!

Will this make me appear more favorable? Or will it just seem like I’m only doing it because I’m being forced to? And if I try to settle with the collection agencies will they report it on my credit and reaffirm my debt? I should probably find another job huh?

By: William Henderson

William Henderson — Wed, 21 May 2008 00:45:23 +0000

JJJ:
The problems Iâ€™ve mentioned in the past have to do with reciprocity of clearances and special access authorizations. Put another way, it concerns one agency accepting the investigation and adjudication of another agency for SCI/SAP without requiring a new investigation. The rules are reasonably clear but sometimes the gaining agency chooses not to follow the rules and requires a new SF86, new investigation and/or new adjudication. Sometimes it only seems that they are not following the rules, because the levels of access are not the sameâ€”there are 3 levels of SCI.

Because you are going for an initial SAP, if your last investigation is less than 5 years old and does not involve any â€œwaiver,â€ â€œcondition,â€ or â€œdeviation,â€ they may impose additional but not duplicative investigative requirements and they will readjudicate. See OMB memo 14 Nov 07, Subj: Reciprocal Recognition. . . . for a definition of these terms.

Actual denial rate at DOHA (DoD industrial clearances) is between 1 and 2 percent, but the effective denial rate is closer to 4 percent. This is because some people withdraw from the process when it becomes obvious that their clearance will be denied. It is also necessary to take into account a presumably large number of potential applicants who are eliminated by a prescreening process. I am not aware of any available stats on SCI/SAP, but denial rates would have to be higher because of the stricter application of Adjudicative Guideline B: Foreign Influence.

In decending order, the most common reasons for DOHA clearance denials is Financial Considerations, Criminal Conduct, Foreign Influence, Drug Involvement, Alcohol Consumption, and Foreign Preference. Personal Conduct was cited in about 50% of all denials, but it almost always involved intentionally providing false information about one of the other issues like finances, crime, drugs, and alcohol. Most cases (except Foreign Influence & Preference) resulting in a denial are based on mutiple issues.

By: William Henderson

William Henderson — Wed, 21 May 2008 00:03:44 +0000

Daniel:
Vacation travel to Dominican Republic should have no effect on a security clearance or SCI eligibility. Iâ€™m relatively sure that the reason you were told not to travel abroad the semester before a clearance-requiring internship was because you need to be available for a security interview during that time period. Being gone for 11 days while your clearance investigation is in progress should not be a problem. You should have the security officer who processes your clearance application make a note in the file about the dates that you will be absent, so the investigator doesnâ€™t waste time trying to contact you during that period.

If you receive a TS/SCI for your internship and are hired for a position that requires the same or lower level clearance within two years of completing your internship, you should not have to be reinvestigated. There are 3 levels of TS/SCI.

Living and working overseas for a year isnâ€™t a big deal for a security clearance (U.S. servicemen do it all the time). It gets a little complicated if your employer is a foreign company or government, but if the overseas work is sponsored by the US State Dept, it shouldnâ€™t complicate matters too much. You need to be mindful of the Adjudicative Guidelines concerning â€œForeign Influenceâ€ and â€œOutside Activitiesâ€ during you time outside the U.S. Foreign travel per se (with limited exceptions) is not adjudicatively significant; itâ€™s what happens during the foreign travel that can be significant.

I strongly recommend you check with the State Department to find out if they have any objections to sponsoring someone who was previously employed as an intern by the IC and with the IC to find out if they have any objections to hiring anyone who was previously a Fulbrighter. Long ago when I worked in HUMIT, there was a prohibition against hiring prior Peace Corps personnel. I donâ€™t recall if this prohibition extended to Fulbrighters, and I donâ€™t know if things have changed since then.

By: Scorp

Scorp — Tue, 20 May 2008 20:05:22 +0000

JJJ, in my case I couldn’t get SCI access because the SOIC didn’t want to consider LOCN (Letter of Compelling Need) for anyone. The form was filled out but SOIC didn’t want to hear about it. This is an exception I would need because I have a couple immediate relatives in Europe. Even though they are from friendly NATO countries I lost the job transfer offer because of it. My company, one of the biggest defense contractors, spent 8 months trying to staff this position, finally they found me. I’ll be fine, I’m still employed in my original department, but I do feel bad because I could have provided some valuable services that the government is having a hard time to fill.

By: JJJ

JJJ — Tue, 20 May 2008 19:05:34 +0000

Overall, what percentage of applicants, would you estimate, get denied clearances (DoD collateral and special access), for any reason(s). What are a few common reasons for clearance denials?