One of the most common questions we hear from security clearance applicants is whether changing jobs during a pending background investigation will jeopardize their ability to obtain their security clearance.

Whether an individual receives a better job offer, is laid off, or simply decides another opportunity is a better fit, many applicants worry that leaving their current employer will cause their clearance investigation to stop or result in a denial.

The good news is that, in many cases, changing jobs does not automatically end the security clearance process. However, there are important considerations that applicants should understand before making a move. Over the years practicing in this area of law, we have seen many individuals successfully transition between employers while their investigations were pending. The key is understanding how sponsorship, timing, and communication affect the process.

A Security Clearance Belongs to the Government—Not Your Employer

One of the biggest misconceptions is that a security clearance belongs to the company sponsoring the investigation; it doesn’t.

While an employer or government agency sponsors an individual for access to classified information, the underlying determination of security clearance eligibility is made by the federal government.

As a result, changing employers does not necessarily mean your background investigation must start over. It can, however, cause some hiccups. I am always cautious in advising individuals in switching jobs while their security clearance investigation is pending, but it often can be done. However, there is always the chance that problems can arise.

One issue that could cause a restart in the investigation process is when you are being investigated for a Secret level clearance, but then leave for a position that requires a Top-Secret level clearance. Another issue involves interim clearances. If an interim clearance has been granted with your current employer, it is likely that it won’t automatically transfer to the new employer. The new employer will likely have to request that a new interim clearance be granted.

If you are considering taking such a move, it is important to work with your new employer’s Facility Security Officer to work to prevent problems.

Sponsorship Still Matters

Although the investigation itself may continue, sponsorship remains important. If an applicant leaves the position that initiated the clearance process before another cleared employer assumes sponsorship, there may be delays or administrative complications. In other words, it could really disrupt the process.

In some situations, the clearance investigation may continue uninterrupted. In others, the gaining employer may need to coordinate with the appropriate security office before the process moves forward. You always want to make sure that you are sponsored by the new employer before you move.

Keep Your Information Current

Changing jobs while your investigation is pending also means your employment information has changed.

Applicants should promptly report significant changes when appropriate and ensure investigators have accurate information regarding:

  • Current employment
  • Supervisors
  • Contact information
  • Work location

Providing updated information helps investigators complete the background investigation efficiently and reduces the likelihood of unnecessary delays. You may also have to complete an SF-86C or equivalent for these updates.

Job Changes Can Raise Other Questions

Although changing employers is generally not a clearance issue by itself, the circumstances surrounding the move may become relevant.

For example:

  • Were you terminated for misconduct?
  • Did you leave because of a pending disciplinary action?
  • Are there significant gaps in employment?
  • Did you accurately report your employment history?

As with many clearance matters, adjudicators are less concerned with the job change itself than with the circumstances surrounding it.

Be Honest Throughout the Process

If investigators ask about a change in employment, answer honestly and provide complete information.

Attempting to conceal a termination, misrepresent why you left a position, or omit recent employment can create personal conduct concerns that are often more serious than the employment change itself.

Candor remains one of the most important factors in every security clearance case.

Final Thoughts

Changing jobs while your security clearance is being processed is more common than many applicants realize. In most cases, it does not automatically delay, restart, or terminate the investigation. There is the chance, however, that it can.

Applicants should understand how sponsorship works, keep investigators informed of significant employment changes, and remain truthful throughout the process. A well-managed transition is usually far less problematic than many people fear.

 

 

This article is for informational purposes only and should not be construed as legal advice. Security clearance procedures, agency policies, and sponsorship requirements may change, and readers should consult counsel regarding their specific circumstances.

 

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John V. Berry is the founding partner of Berry & Berry, PLLC, and chair of the firm’s federal employment and security clearance practice. Berry has represented federal employees and security clearance holders for over 26 years. Berry also teaches other lawyers about federal employment and security clearance matters in continuing education classes with different state bar organizations. You can read more about Berry & Berry , PLLC at berrylegal.com.