Obtaining a security clearance can be a complex and daunting process, especially if you’ve been denied previously. However, it is not impossible to overcome this hurdle. Timing is key, as such the case for this ClearanceJobsBlog subscriber:
I have 10 years of experience as a federal contractor with a strong track record and low risk prior to recent events. In 2022, I faced severe charges that were resolved in 2024 as Probation Before Judgement (PBJ) misdemeanors with a 5-year probation period.
Following this, my status was revoked at one agency, and another agency was denied at NOAA, with no official reason provided yet.
Given these circumstances, is it still possible to secure federal contractor positions? Do you have any advice on improving my chances or navigating this situation? I think I need to wait for 5 years of investigation period for tier 1, but would want to hear your advice.
Probation before judgment (PBJ) is an alternative sentencing option that can help avoid jail time for misdemeanor charges. It allows a defendant to avoid a conviction if they meet certain conditions like completing probation, completing a course, make restitution to the victim, or complete community service.
Marko Hakamaa, ClearanceJobsBlog moderator, recommends that there should be at least three years between the date the original poster was denied to the time they should apply to any position that requires a background investigation. “And even then it may still not be enough seeing as how you would still be on probation,” he says.
After a denial, passage of time is the best way to mitigate the issue. Mitigating factors are conditions that can reduce concerns about an applicant’s trustworthiness and responsibility and are considered when an agency denies a security clearance application. In addition to time passed, mitigating factors can include temporary or infrequent conduct, rehab, a move or geographic change in circumstances, good faith efforts to correct mistakes and avoid negative parties who were involved in the incident at question.
Here are some steps and tips if you are in a similar situation, and hopefully improve your chances of obtaining a security clearance required position.
1. Understand the Reasons for Denial
After a denial, you should receive a Statement of Reasons (SOR) explaining why your clearance was denied. This document outlines the specific issues and concerns that led to the denial. Understanding these reasons is crucial for addressing them. Carefully review the SOR to identify which areas need improvement.
2. Address the Issue(s)
Take steps to resolve issues. In the case of the question above, following through with all aspects of probation will be the best way to mitigate the issue. Any failure to follow proper procedures as required by the courts will be a major flag.
3. Gather Supporting Documentation
Gather documents that support your case, such as proof of completion of probation, or positive character references from employers or community leaders.
4. Reapply with Confidence
Consider consulting with a lawyer who specializes in security clearance cases who might be able to provide guidance on how to strengthen your application. Once you have addressed the issues outlined in the SOR, you can generally apply for another cleared position after a year. Be honest and transparent in your application, highlighting the positive changes you’ve made.
5. Improve Your Chances
Avoid any activities that could raise red flags during the clearance process. This includes staying away from drugs, maintaining a good financial standing, and avoiding additional legal issues. Keep up to date with any changes in clearance procedures or policies that may affect your application by subscribing to our Cleared Brief newsletter.
Navigating the clearance process after a denial can be challenging, but with determination and the right approach, you can improve your chances of success.
This question was posed from a subscriber at ClearanceJobsBlog.com, where you can read and discuss government security clearance process, how to get a security clearance job, and background investigations issues.
Much about the clearance process resembles the Pirate’s Code: “more what you’d call guidelines than actual rules.” This case-by-case system is meant to consider the whole person, increase process security, and allow the lowest-risk/highest-need candidates to complete the process. This article is intended as general information only and should not be construed as legal advice. Consult an attorney regarding your specific situation.
