Q & A Session – Revoked Clearance

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.

Q:

I am a Former U.S. Navy Petty Officer Third Class. I applied and got accepted to Navy EOD School. During my Single Scope Background Investigation, I disclosed that I experimentally tried hallucinogenic mushrooms during my divorce. Divorce and drug use happened in 2008, well before EOD SSBI. I never failed a random urine analysis, nor continued use of the substance. No one knew about it until I revealed it to the investigator. Ultimately, the clearance I did have was revoked and I was denied a Top Secret Clearance. Since I couldn’t continue in training, and my enlistment was ending, I simply got out then. Honorable discharge, best re-enlistment code and no negative evaluation or marks

Can I apply for other federal positions, say Marshals or TSA? How can I find out if I will ever be able to obtain a clearance again? What can I do to be able to obtain a clearance again?

A:

You are certainly free to apply. Your prior drug history will be weighed against your other life accomplishments to decide whether to hire you and/or grant a clearance. There is no clear cut answer to your question without applying for a job, being tentatively selected and then going through the security clearance adjudication process.

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

Disclaimer: Ask a Lawyer publishes information on this website for informational purposes only. Information on this website is intended – but not promised, guaranteed, or warranted – to reflect correct, complete and current developments. In addition, the contents of the website do not constitute legal advice and do not necessarily reflect the opinions of the attorney. Information from this website is not intended to be used as a substitute for specific legal advice, nor should you consider it as such. You should not act, or refrain from acting, based on information on this website without seeking specific legal advice about your particular circumstances. No attorney-client relationship between you and Ask a Lawyer’s author is created by the transmission of information to or from this site.