Security Clearance Renewal Attorney
If you have an active security clearance for a national security position, you must comply with all security clearance guidelines and requirements. The security clearance renewal process is often much easier than the initial application process, provided there are no red flags that have arisen or that have not been disclosed as required.
Federal employees, government contractors, and military personnel must all ensure that their conduct complies with the guidelines, that self-reporting is followed, and that the processes required to renew the clearance are followed.
The introduction of Trusted Workforce 2.0 has changed how the clearance renewal process is conducted. Periodic reinvestigations and static renewal timelines have been replaced by an ongoing, iterative process to more quickly identify issues and keep cleared personnel working.
Understanding Security Clearance Renewal and Reinvestigation Timelines
While in the past, clearance investigations were conducted on a timeline, the introduction of Continuous Evaluation has changed the process: Top Secret still follows 5-year updates; Secret historically followed 10-year updates and is shifting to 5-year updates; and higher-level reviews are often more invasive. A sponsoring agency selects the investigation based on the job, the potential harm associated with the role, and the applicable clearance level.
While there are no longer investigations every 5-10 years, security clearance holders must still submit an updated SF-86 (or soon the Personnel Vetting Questionnaire, or PVQ) every 5 years, covering residency, education, employment, foreign connections, financial records, and proof of citizenship. You must also report changes such as new foreign contacts, financial changes, or residential moves.
Fortunately, you should only need to update the information since your last submission, unlike in the old days, when a PDF version of the SF-86 had to be filled out from scratch each time.
If you have left a sponsored position that requires access to national security information, your clearance eligibility becomes inactive after a break in sponsorship of 2 years or more, or when the background investigation is more than 5 years old, which may require a new background investigation. The hiring agency decides whether a particular position requires access to classified national security information and starts the process; individuals cannot initiate it alone, because a security clearance requires employer sponsorship for any position that requires access.
Continuous Vetting and the Modern Background Investigation Process
Continuous Evaluation (CE) is designed to catch problems before they can linger. CE constantly tracks criminal history and financial records, as well as other public record databases that are relevant to security clearance holders. For security clearance renewal, the Defense Counterintelligence and Security Agency (DCSA) conducts these background investigations, including focused checks on changes through credit reviews and interviews, for DOD personnel and certain applicants supporting federal agencies, other federal agencies, and the United States government.
CE does not remove the clearance holder’s obligation to report anything that falls under the reporting requirements of SEAD 3.
If you have a reportable event, you should report it as soon as possible to your security office. Maintain open, honest communication with your Facility Security Officer (FSO). Be aware of your reinvestigation deadlines and submit the requested documentation promptly. Accurate paperwork matters because missing or incorrect data can delay renewal.
Proactive reporting of major life changes is viewed favorably and can reduce deeper scrutiny later.
Major Reporting Requirements
- Foreign travel
- Foreign contacts
- Foreign activities such as involvement in businesses, inheriting foreign property, or adopting a non-U.S. citizen
- Application and/or receipt of foreign citizenship, foreign passport, or identity card
- Attempted elicitation, including by the media
- Arrests
- Alcohol or drug-related treatment
- Bankruptcy or debts over 120 days delinquent
- Marriage
- Divorce
- Cohabitants
Preparing for Your Reinvestigation and Addressing Common Red Flags
Inventory: the basic information you will need to complete the security forms, including details for you and your immediate relatives, where required by the forms. Once you receive the eQIP link, you should be able to see your previous information to assist in this process.
Gather: relevant information: financial records, court records, and evidence of mitigation or rehabilitation efforts for financial issues, criminal, or substance abuse issues, with security concerns involving foreign contacts documented carefully.
Draft: answers to problem areas to see if the answers appear credible and clearly explain the issue. Complete and truthful responses matter because omissions can lead to a Statement of Reasons under Guideline E, even if the underlying information was insufficient to lead to a revocation.
Consult: with an experienced security clearance attorney if you have questions or issues that have not been disclosed previously. Legal counsel can help security clearance holders prepare for investigator interviews. Properly disclosing issues, even belatedly, is better than having derogatory information appear in a CE check and being confronted with it, especially because personal behavior affects trustworthiness and the ability to safeguard classified information.
The Role of Investigators and Adjudicators
While security clearances can and often are renewed without an interview, investigators may also meet with clearance holders during a security clearance investigation when concerns arise in renewal or ongoing vetting.
Whether it is an initial investigation or a renewal, the adjudicative standards in the National Security Adjudicative Guidelines apply to people who work for the United States government, including military members, who seek or hold access to national security information; reliability, trustworthiness, and good conduct and character are central.
Issues such as drug use, while cleared, particularly marijuana or THC products, can be far more harmful to a current security clearance than on an application where the applicant has never been a federal government employee or held a clearance.
Adjudicators will do a security review of the individual’s record whenever a CE issue is flagged, or a new security form is submitted, and evaluate security concerns under the guidelines, not whether someone is a “good” person or deserves “a second chance.”
The denial of an applicant’s interim determination does not have negative implications for the applicant’s final national security eligibility determination.
Why Contact a Security Clearance Lawyer in the Renewal Process
Not everyone who is looking to renew their security clearance needs to consult with a law firm.
If you have known issues that will complicate your national security clearance status, contacting an experienced security clearance lawyer can help determine if those issues will delay the investigation or imperil your clearance. Our firm helps resolve security clearance problems for contractors, military personnel, and federal employees at different stages of the renewal process.
Our firm handles security clearance cases involving denials, revocations, appeals, and reinstatement efforts. If a clearance is revoked, you will receive notice of the reasons and appeal procedures, often in a Statement of Reasons (SOR).
We can represent you in hearings, advocate for reinstatement, and present mitigating factors such as infrequency of the conduct or completion of counseling.
Contact Us for a Free, Confidential Consultation
If you have concerns that your renewal will reveal issues that could threaten your security clearance, contact us today. If you have lost a clearance or face a denial, seek help quickly so you don’t miss any deadlines. The free confidential consultation can provide reassurance and an action plan to help preserve and renew your clearance. Brian@LSAttorneys.com 847-775-7701.
