2 year rule clarification

SECURITY CLEARANCE Q&A
1

Hi, I was hoping to get clarification on the 2 year rule for “active”, “Current”, etc…

I had my clearance “suspended” in April of 2021 when i started a TS/SCI contract. Well, noone moved on it and i was on that contract doing highly sensitive work OCONUS until April of 2022. Yup, you read that right. I was on a contract working with a suspended clearance for a year.

I am now in the appeals process for that. My clearance went automatically from “suspended” to “Denied” only when my lawyer forced SOR to be sent out to me by the agency. Not sure how common that is but i had no due process at all in the suspended phase which lasted a year without anyone knowing for some reason.

I am pretty confident the issues involved, stupid petty minor issues that happened 5-6 yrs ago will be resolved in appeal, They are all petty nonsense on personal conduct like getting written up at a few jobs 5-6 years ago. I have NEVER had any security violation; not even a spillage incident since i been cleared since 2004.

My question is, does the clock start ticking on the 2 years from the time i SHOULD have been removed from contract (Suspended), from the date that i actually left the contract, Apr 2022 or from the date of the new clearance adjudication from appeals process?

Thanks for your help.

2

In my experience with situations like this (all second hand, at least so far) this situation will need to be resolved, either with an appeal or a new investigation to clear up the issues that caused your clearance to be suspended. I don’t think any two-year rule applies because it doesnt sound like you have any clearance at all right now.

And remember, there’s not only whatever issue took place 5-6 years ago, there is also the matter of whether it was reported correctly.

1 Like
3

Yeah I understand that. I’m just wondering when the 2 year active clearance rule comes in since i was working with a suspended clearance. If it is from clearance was suspended my 2 years would be this april. If it is from when i was taken off contract it would be april 2024.

Are you saying that i pretty much get a new clearance when and if i win appeal?

I did report everything they are “accusing” me of. To be frank this whole incident and incompetence of the agency involved has me questioning if i want to leave the IC.

4

I think so… not sure how things work now with “continuous evaluation” and all that.