Q & A Session – OPM Background Investigations


Ask the Lawyer received the following question (paraphrased for easier reading and clarity) from a reader on a legal matter that might be of interest to the entire audience.


I received a Single Scope Background Investigation in 2004 for a Top Secret clearance (SF86) and a National Agency Check with Local Agency Check for a Secret clearance in 2009. I was told during the previous investigations that once I disclosed an issue I would never have to answer that question again since it had already been investigated by the Office of Personnel Management. Is this true?


No. You must answer all questions truthfully each time you answer the SF85 or 86, even if the question has been previously answered.

Bill Bransford is managing partner of Shaw, Bransford & Roth, PC.

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About Author

Debra Roth

Debra L. Roth is a partner at the law firm Shaw Bransford & Roth, a federal employment law firm in Washington, D.C. She is general counsel to the Senior Executives Association and the Federal Managers Association, host of the “FEDtalk” program on Federal News Radio, and a regular contributor to Federal News Radio’s “Federal Drive” morning show. Email your legal questions to lawyer@federaltimes.com.

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