An old background investigation, an incomplete government record, and a new job opportunity on hold. Here’s how FOIA and Privacy Act requests can help cleared professionals understand what’s in their security files.
Imagine being qualified for a national security position, making it through the hiring process, and then discovering that a background investigation from nearly a decade ago is standing between you and your next career opportunity. Not because you failed the investigation. Not because your clearance was denied. But because a government database apparently never received the update indicating that your investigation was closed.
For one ClearanceJobsBlog forum user, that’s exactly the situation.
“Just learned from a contracting company that my application for credentials to work for an intel agency is on hold for reasons that are confounding and outside my control. At issue is past work I performed between 2016 and 2018 as a contract investigator conducting audits for the Social Security Administration of Representative Payees. The intel agency said the government security clearance portal (which is apparently more comprehensive than what contracting companies have access to) showed a background investigation opened by SSA for me to carry their credentials was completed but never actually CLOSED…and still showed as “in process.” This, despite the fact that the work I performed for SSA ended 8 years ago and clearly had no impact on my ability to serve them. The current contractor vetting me before the intel agency said the agency advised that policy precludes them processing anyone whose status is not fully shown to be CLOSED AND COMPLETED in the system. Worse, the onus is now on me to resolve it. Trouble is, the contracting company for whom I did the SSA work no longer has any record of a point of contact at SSA to include who handled administration of the contract and/or issuance of clearances. Trying to find anyone within the SSA behemoth is like a needle in a haystack. I’ve tried to reach out to someone in their Contracts and Acquisitions department, to no avail. A simple keystroke to CLOSE my investigation is all that’s needed. I’m so close…yet so far away.
Has anyone else experienced something like this?”
Bill Henderson writes, “Submit a Privacy Act request to SSA for a copy of your investigation and adjudication records, as well as any clearance database record. There is a provision in the PA to correct any erroneous information in your records.”
What Is a Privacy Act Request, and How Does It Relate to Security Clearances?
Most cleared professionals are familiar with the background investigation process. You complete the SF-86, undergo investigative checks, potentially participate in interviews, and wait for an eligibility determination.
But what happens to all that information afterward?
Federal agencies maintain records associated with background investigations, adjudications, credentialing, and personnel security determinations. Those records may include investigative reports, interview summaries, administrative actions, and other information used to assess an individual’s eligibility or suitability.
Two federal laws provide mechanisms for requesting access to certain government records.
The Freedom of Information Act (FOIA) allows individuals to request records maintained by federal agencies, subject to applicable exemptions and exclusions.
The Privacy Act of 1974 provides individuals with a means of requesting access to records about themselves maintained in qualifying federal systems of records, subject to legal limitations.
For security clearance holders and applicants, these requests can be particularly useful when trying to understand what information the government maintains about a previous investigation or personnel security determination.
However, requesting records is not the same as correcting them. A Privacy Act request may help identify an error or determine which agency maintains the relevant information, but it does not automatically update a clearance database, close an investigation, or compel an agency to grant eligibility.
What Security Clearance Records Can You Request?
The first step is understanding which records you’re looking for. Not every security-related record is maintained by the same agency, and not every request produces the same information.
1. Background Investigation Records
A background investigation file may include information gathered during the investigative process, such as employment verification, interviews, record checks, and other investigative findings.
For investigations maintained by the Defense Counterintelligence and Security Agency (DCSA), individuals can request access to their own records through the agency’s Freedom of Information and Privacy Office.
Importantly, receiving an investigative file does not necessarily mean receiving every document without redactions. Certain information may be withheld under applicable federal law.
2. Adjudication and Vetting Records
An investigative report documents information gathered about an individual. Adjudication records, on the other hand, relate to the government’s evaluation of that information and resulting personnel security determinations.
These records may help clarify past eligibility decisions, vetting actions, or other adjudicative information.
DCSA maintains a separate process for requesting adjudication and vetting records within its custody.
3. Security Clearance and Credentialing Status Records
What if the issue isn’t the investigation itself, but how its status appears in a government system?
That distinction matters.
Systems such as the Defense Information System for Security (DISS) and intelligence community personnel security systems may contain eligibility, access, or other security-related information. Agency-specific credentialing and suitability records may be maintained separately.
A FOIA or Privacy Act request may help an individual obtain releasable records explaining an apparent discrepancy. However, it is not a substitute for an authorized security official reviewing the appropriate system and coordinating with the agency responsible for the record.
For applicants encountering a status discrepancy, the most useful question may not be simply, “Can I get my background investigation?”
It may be, “Which agency owns the record that is preventing my processing, and who has the authority to correct it?”
How to Request Your Background Investigation Records From DCSA
If DCSA maintains your background investigation or adjudication records, the agency provides instructions for submitting a request.
Step 1: Determine which records you need.
For background investigation records, consult DCSA’s instructions for requesting your own investigative file. The OPM INV 100 form has historically been used for these requests, and DCSA also provides instructions for submitting a written request.
For adjudication and vetting records, consult DCSA’s separate request process, including its DCSA Form 335 where applicable.
Step 2: Verify your identity.
Requests for personal records generally require sufficient information to locate the file and verify the requester’s identity. Depending on the request, this may include:
- Full legal name and any previous names
- Date and place of birth
- Identifying information requested by the agency
- Current contact information
- A signed identity verification statement, notarization, or declaration under penalty of perjury, as required
Because these requests can involve highly sensitive personally identifiable information, applicants should follow the agency’s instructions for secure submission rather than sending Social Security numbers or identity documents through unprotected email.
Step 3: Submit your request to the appropriate office.
DCSA maintains separate instructions for requesting investigative records and adjudication or vetting records.
Use the agency’s official webpages to confirm the current forms, mailing addresses, and submission methods before sending sensitive information.
Step 4: Allow time for processing.
Record requests are not necessarily quick. Depending on the agency, the complexity of the records, and processing backlogs, obtaining a response may take months.
If you’re already pursuing a job opportunity, a records request should generally be treated as one part of your effort to resolve the issue, not your only course of action.
What If Your Old Investigation Was Never Closed?
Returning to the ClearanceJobsBlog forum question, the applicant’s challenge is particularly frustrating because the underlying issue appears administrative. The individual completed contract work for SSA years earlier, but an intelligence agency reportedly identified an investigation still showing an active or incomplete status. It’s tempting to assume that resolving the problem requires someone to log into a government database and change the status. Unfortunately, federal personnel security systems don’t always work that simply. An investigation may be marked incomplete for several reasons, including missing administrative actions, unresolved processing steps, an outdated system entry, or a discrepancy between agency records. And an investigation being listed as “in process” does not necessarily establish that the investigation itself was never completed. It may reflect a recordkeeping or system-status problem that requires further review.
The critical first step is determining exactly which record is causing the hold and which agency has the authority to update it. In this case, the applicant could consider asking the prospective employer’s security office for clarification about the nature of the discrepancy, whether the issue involves an investigation, adjudication, suitability determination, or credentialing record, and which agency is responsible for resolving it.
If the record originated with SSA, contacting the agency’s personnel security, credentialing, or Privacy Act office may be more productive than searching exclusively for the original contracting officer. A Privacy Act request directed to the agency maintaining the record may help establish what the government has documented and whether a correction request is appropriate.
Can You Correct an Error in Your Security Clearance Records?
Under the Privacy Act, individuals may have the ability to request amendments to certain records maintained about them.
For example, if an agency maintains an objectively inaccurate administrative record, an individual may be able to request a correction and provide supporting documentation.
However, Privacy Act amendment rights have limitations. Certain systems or records may be exempt, and agencies are not necessarily required to change investigative judgments, opinions, or adjudicative decisions simply because an individual disagrees with them.
For a background investigation that appears incorrectly marked as open, relevant supporting documentation might include proof that the previous contract ended, records of credential termination, prior agency correspondence, or documentation showing that the investigative process was completed. Even then, the agency responsible for maintaining the record would need to determine whether a correction is warranted and what administrative process applies. This is why distinguishing between accessing a record, correcting a record, and resolving a security processing hold is so important. They are related, but they are not interchangeable.
Don’t Wait Until Your Next Job Offer to Understand Your Records
For cleared professionals, career mobility often depends on information maintained across multiple government systems and agencies. An outdated entry, unresolved investigation, or administrative discrepancy can become an unexpected obstacle when moving between contracts, agencies, or national security positions. If you’re concerned about an old investigation, a previous security determination, or potentially inaccurate information in your federal records, requesting your records may provide useful visibility into the situation.
Resources for Requesting Security Clearance Records
- DCSA: Requesting Background Investigation Records
- DCSA: Requesting Adjudication and Vetting Records
- ClearanceJobs: How to Request a Copy of Your Security Clearance Investigation
Much about the clearance process resembles the Pirate’s Code: “more what you’d call guidelines than actual rules.” For this reason, we maintain ClearanceJobsBlog.com – a forum where clearance seekers can ask the cleared community for advice on their specific security concerns. Ask CJ explores questions posed on the ClearanceJobs Blog forum, emails received, and comments from this site. This article is intended as general information only and should not be construed as legal advice. Consult an attorney regarding your specific situation.
