For government employees, contractors, and any other individuals whose roles require access to classified information, obtaining a security clearance is just the first step. The ongoing responsibility of maintaining eligibility for that clearance is equally important and involves adhering to strict protocols designed to protect national security. You may have to make fundamental changes to your lifestyle to do classified work.

Failing to meet these clearance requirements can lead to serious career consequences, including the revocation of a clearance. Not everyone gets a trophy in clearance decision-making, and not everyone gets a second chance. Therefore, make sure to take simple, practical steps to maintain your security clearance and avoid potential pitfalls.

Maintaining Your Security Clearance

Maintaining a security clearance is an ongoing responsibility that requires strict adherence to established guidelines. Security clearances are issued based on demonstrated trustworthiness and judgment, and must be actively preserved. This involves more than just following the rules; it requires regular attention to professional and personal conduct, because even small infractions can raise concerns about a security clearance holder’s ability to handle sensitive information.

Staying informed and vigilant is key to keeping your clearance intact, whether via regular reporting, reinvestigations, or by addressing potential issues early on.

Understand Your Reporting Requirements

Maintaining a security clearance requires understanding and fulfilling reporting obligations. Clearance holders are required to self-report certain events or changes in circumstances that may affect eligibility to access classified information. This self-reporting demonstrates ongoing reliability and trustworthiness. You hide security concerns from the Office of Security at your own risk.

While reporting requirements can vary depending on the agency and clearance level, failure to comply with these obligations can lead to an investigation or even the suspension of a clearance. Items that must be reported include:

• Foreign travel: Any personal or professional travel outside the United States.
• Foreign contacts: Regular or significant interactions with foreign nationals.
• Financial issues: Bankruptcy filings, large debts, or wage garnishments.
• Criminal charges: Any arrests, charges, or convictions.
• Substance abuse: Issues related to drug or alcohol use that could impact reliability. THC is still illegal under federal law.

Reinvestigations

Regular reinvestigations assess risk factors, and new information can lead to suspension or revocation of a clearance. Therefore, staying on top of reporting requirements can help safeguard a clearance and reduce the risk of any issues arising during reinvestigations.

Be aware of behaviors that might jeopardize a clearance and address any issues proactively. Consulting with an attorney or security officer can help mitigate risks and ensure you remain in good standing.

Check Your Finances

Financial responsibility is fundamental to maintaining a security clearance. Issues like large debts, missed payments, or bankruptcy can raise concerns about reliability and susceptibility to outside influence. Regularly monitor credit reports and address any financial issues promptly to avoid problems during reinvestigations.

Financial instability is one of the leading causes of clearance revocation. If needed, seek advice from a trusted financial advisor or attorney to keep your financial profile in good shape.

Don’t Let Your Security Clearance Expire

Security clearances are not permanent and must be reviewed periodically. Depending on the security clearance level (top secret, secret, confidential) the reinvestigation process typically occurs continuously or in a decreasing number of cases, every five, seven, or 10 years, respectively. Continuous Evaluation (CE) shifts the focus to people presenting risk.  If you do not present a risk, you will be reviewed less and less. Letting a clearance expire can lead to delays in the ability to perform duties and can create complications if you need to reapply.

Key steps to ensure your clearance doesn’t expire:

1. Track your clearance expiration date: Keep a personal record of when your reinvestigation will occur or when the contract you are under terminates.
2. Start the renewal process early: Begin preparing documentation and updates well before the clearance expires.
3. Stay in communication with your Security Officer: Be aware of any changes in the reinvestigation process or deadlines. Find out whether you are under Continuous Evaluation or whether your reinvestigation is to be initiated by a certain date.
4. Keep information current: Regularly update personal and professional details to ensure a smooth renewal process.

Staying proactive will help ensure no unnecessary delays and secure continuous eligibility to access classified information.

Speak With a Lawyer Today

Maintaining a security clearance is a complex process, and even minor missteps can put one’s clearance and career at risk. If you encounter any issues or have concerns about eligibility, it is important to seek legal advice. An attorney experienced in security clearance matters can help guide you through the clearance process, address potential risks, and assist in responding to any challenges. Whether you’re facing financial concerns, reporting obligations, or eligibility questions, a knowledgeable attorney can ensure you take the right steps to protect your clearance.

Contact us to schedule a consultation and speak with an experienced security clearance attorney who can help you stay compliant and safeguard your clearance.

Tully Rinckey attorneys understand that issues involving security clearances can be challenging, and they will handle your matter with the attention and tact it deserves. If you have additional questions about security clearances, our team of attorneys is available to assist you today. Please call 8885294543 to schedule a consultation or schedule a consultation online.

Dan Meyer, a Partner at Tully Rinckey PLLC’s Washington, D.C. office, has dedicated more than 25 years of service to the field of Federal Employment and National Security law as both a practicing attorney and federal investigator and senior executive. He is a lead in advocating for service members, Federal civilian employees, and contractors as they fight to retain their credentialing, suitability and security clearances.