This is a sponsored column by attorneys John Berry and Kimberly Berry of Berry & Berry, PLLC, an employment and labor law firm located in Northern Virginia that specializes in federal employee, security clearance, retirement and private sector employee matters.
By Melissa L. Watkins, Esq.
Security clearance questionnaires are an essential part of the process for individuals seeking access to classified information in the U.S. government or related sectors.
These forms, known as Standard Form 86 (SF-86) (electronically known as the eApp), require applicants to provide personal, professional, and financial details to assess their trustworthiness and reliability. Given the complexity of these forms and the high stakes involved in securing clearance, it’s not uncommon for applicants to make mistakes, whether unintentionally omitting information or providing incorrect details.
It is also the case that some individuals intentionally omit unfavorable information, for example, a prior criminal record, in hopes that it will increase their likelihood of being approved for a security clearance. Understanding how to address these issues promptly is crucial to maintaining both your eligibility for clearance and your integrity in the process.
Errors on the SF-86/eAPP
The SF-86 requires the applicant to disclose a wide range of sensitive data, including criminal history, financial status, foreign contacts, and drug use, among other things. Any misrepresentation, even if accidental, can lead to significant consequences, such as delayed processing, denial of clearance, or potential disqualification.
For those misrepresentations that are material to determining if someone is qualified to hold a security, such errors can call into question the applicant’s integrity and potentially lead to security concerns related to personal conduct. The government relies heavily on the accuracy of the information provided to make determinations about a person’s suitability for access to national security information. Therefore, correcting mistakes in your submission should be a top priority.
When to Speak with Counsel
If you realize that you have submitted incorrect information on your security clearance questionnaire, you may want to consider speaking with an attorney for guidance on how to correct the issue.
Generally, it is recommended to correct the mistake as soon as possible. This usually involves contacting the security office or the agency handling your clearance and informing them about the error. Depending on the timing of when the applicant realizes the error or decides to come forward about an intentional omission, it may be the case that the information needs to be disclosed or discussed during a security interview or polygraph.
Transparency is Important
Most government agencies prefer transparency and will afford the applicant some mitigating credit in the evaluation of the security clearance application based on the applicant’s attempt to rectify the issue before being confronted with adverse information.
If the mistake was minor, such as an inadvertent misspelling or omission, it may be sufficient to submit an updated form or a clarification letter. However, if the mistake is more substantial — like failing to disclose a criminal history or prior drug use — you may need to provide a detailed explanation and any relevant supporting documents.
When you communicate the error, it is essential to be clear, concise, and honest. The government’s focus will be on whether you intentionally misrepresented the facts or if the mistake was purely accidental. Honesty is critical because attempting to cover up an error or intentionally falsifying information can result in much more severe consequences than the original mistake. To avoid any misunderstandings, consider consulting with a security clearance attorney who can help you navigate the correction process effectively.
Submitting incorrect information on your security clearance questionnaire is a serious matter, but it is not an insurmountable issue. The key is to address any errors immediately and transparently. By notifying the relevant authorities, providing accurate corrections, and demonstrating a commitment to honesty, you can maintain your chances of securing clearance while avoiding further complications. Remember, the security clearance process is about trust, and your proactive approach to fixing mistakes can go a long way in reinforcing that trust.
Contact Us
Our law firm represents and advises federal employees in various security clearance matters. If you need legal assistance regarding a security clearance matter, please contact our office at (703) 668-0070 or at www.berrylegal.com to schedule a consultation.
