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SecClearance2

Can Unresolved Financial Issues from My Divorce Impact My Security Clearance?

By Henault & Sysko Chartered |

Delinquent debts are frequently cited as a reason by government agencies to deny or revoke a security clearance. The source of the debt is less important than identifying what positive steps the security clearance applicant took to “mitigate” any security concerns raised by his or her financial problems. This means that if your job… Read More »

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LegalAdvice2

Could My Social Drinking Affect My Security Clearance?

By Henault & Sysko Chartered |

There are many personal vices or habits that can make it more difficult to obtain a security clearance. For example, under Department of Defense (DOD) guidelines, a person’s “excessive alcohol consumption” may be cited as grounds to deny a security clearance, as such drinking “often leads to the exercise of questionable judgment or the… Read More »

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I Forgot to File My Tax Return. Will This Hurt My Ability to Get a Security Clearance?

By Henault & Sysko Chartered |

One of the major reasons individuals have difficulty obtaining or retaining a security clearance is what the Department of Defense (DOD) labels “financial considerations.” Typically, this involves situations where the applicant has a lot of outstanding debts. If you have trouble paying your bills on-time, the DOD sees that as a sign that you… Read More »

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Legal2

Does My Country of Birth Matter When It Comes to Getting a Security Clearance?

By Henault & Sysko Chartered |

When it comes to everyday civilian employment, the country of your birth is largely irrelevant. Indeed, federal civil rights laws prohibit most employers from denying you a job on the basis of national origin. But for military and defense contractor positions that require a security clearance, that is not the case. One of the… Read More »

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Invest2

Could Medical Debts Cost Me a Security Clearance?

By Henault & Sysko Chartered |

We have all heard horror stories about medical debt destroying a family’s finances. The U.S. spends more per person on healthcare than any developed nation on earth. And even with the passage of the Affordable Care Act, medical debt still forces thousands of Americans to seek bankruptcy protection every year. Medical debt can also… Read More »

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LegAdvice3

Does the Government Have to Give a Specific Reason for Denying Me a Security Clearance?

By Henault & Sysko Chartered |

Many low-level private sector jobs require security clearances, including airline baggage handlers. Such personnel require a security clearance to access restricted areas under the jurisdiction of U.S. Customs and Border Protection (CBP). And under CBP regulations, there are dozens of grounds for denying a clearance, mostly related to cases where the employee committed a… Read More »

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Legal5

Will an Accidental Lie or Omission Doom My Security Clearance Chances?

By Henault & Sysko Chartered |

Honesty is the best policy. That is more than common sense. When it comes to applying for a federal government security clearance, honesty is your only option. Any lie, error, or omission in your security clearance application (SCA) can–and will–be used as grounds to deny you a clearance. Even if you only lied by… Read More »

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Lit2

Can the Pentagon Discriminate Against Naturalized U.S. Citizens When It Comes to Reviewing Security Clearances?

By Henault & Sysko Chartered |

As a general rule the federal courts do not intervene in security clearance decisions. The reason for this is fairly straightforward: Security clearances are a privilege, not a constitutional right, and the executive branch has wide discretion when it comes to deciding who should have access to sensitive information. That said, the government’s discretion… Read More »

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Can Your Past “Sexual Behavior” Hurt Your Ability to Get a Security Clearance?

By Henault & Sysko Chartered |

Your sex life is not a purely private matter when it comes to obtaining a government security clearance. Under Guideline D of the National Security Adjudicative Guidelines used by all federal executive branch agencies, a person may be disqualified from receiving or retaining a security clearance due to their current or past “sexual behavior.”… Read More »

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Marijuana

Will Using Marijuana Jeopardize My Security Clearance?

By Henault & Sysko Chartered |

California recently made national headlines when it recently legalized the “recreational” use of marijuana for adults. But while California and several other states have taken a more welcoming approach to marijuana, the drug remains strictly forbidden under federal law. And any history of marijuana usages on your part, legal or illegal, may jeopardize your… Read More »

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