Do I have to inform my current employer about the clearance denial

I am working two jobs one with Active Secret DOD and the other one with Public Trust SF85P high Security T4 (Interim) at Dept of Commerce. I just got denial for Public Trust do I have to inform the FSO who is holding my Secret. How soon I have to do it.

@Amberbunny2 @Marko @sbusquirrel @EdFarmerIII @clearedrob please help

It depends on the reason for the denial, but yes, in most cases any adverse information should be reported, and a denial is an adverse action.

1 Like

Whether you have to self-report that, I couldn’t even hazard a guess on that. I would say that, at the very least, you would need to provide that update on your next sf85/86 or re-investigation. But I’ll defer to the experts. Best of luck.

@Marko Jinx!! You owe me a beer.

You have to report any significant event or activity in your personal history that could raise concerns about your trustworthiness or loyalty, potentially jeopardizing your eligibility for access to sensitive information, including criminal history, financial issues, foreign contacts, drug use, or past behavior that could be considered a security risk. The public trust was denied for a reason which could raise concerns about your trustworthiness or loyalty. This needs to be reported. When your reinvestigation rolls around, this WILL show and so there’s no hiding it.

Thanks @HR2C I am appealing the denial verdict through an attorney should I wait until the appeal process is completed. Also I have also just filed Secret Continuous Evaluation CE SF86 in that form I mitigated the reasons that caused my public trust to be denied. Will public trust denial cause problems in processing Secret CE.

I would not wait to report as there are reporting deadlines, you can always update the report later. As for how it will affect the Secret clearance, I don’t know, I am an investigator and not an adjudicator and all details would have to be known to adjudicate anyway. As far as the investigation process, a denial would be considered an issue that would have to be discussed with the investigator and all the who, what, where, when, and why’s answered. Good luck.

can anyone recommend a good Clearance Attorney in the Washington DC Area

I’m not an investigator OR an adjudicator. I’m just some guy who makes a lot of sense.

First, we don’t know what you were denied for. But, I’ll ask a few other questions that may help.

When did the issue occur? Since your last eval? Or, has this issue been raised before and mitigated?

Public trust can have different requirements and different mitigation for different jobs and different agencies. Does the issue relate to any requirement in the Adjudicative Guidelines? Have you previously reported this issue anywhere?

I suggest looking over “reportable events” (or some such title) paperwork that you should have signed. Mine clearly states that clearance or access denials, suspensions or revocations need to be reported immediately. The only event that does not require immediate reporting is foreign travel.

It doesn’t matter why he was denied. He holds a Secret clearance (if I am reading original post correctly) and has had a denial. It’s reportable.

@EdFarmerIII how much time do I have to report it. What are the consequences of not reporting. Will the company holding my secret will terminate my position immediately on reporting it. Got the denial letter 3 days ago.

You’re still asking the wrong questions and not answering the questions asked.

@EdFarmerIII This is what happened I got the interim Public Trust SF85P T4 high security in Feb 2024. Then I got the Rejection letter 4 days ago stating Public Trust denied due to
1 )Criminal or dishonest conduct;
2) Material intentional false statement, deception, or fraud in connection with contract employment

The reason is last year I worked with Secret clearance at a company for 18 months I had some performance issues and then they let me go I thought there are some funding issues so on the form Sf85P I mentioned laid off but when the investigator contact them they told him I was fired for performance issues. After the termination when I applied for Unemployment benefits and the reason as “laid off” that company didn’t contest my claim when contacted by the unemployment bureau. When I try to explain all this to the Investigator in my interview he didn’t have much knowledge how system works and he thought I lied to claim the benefits and this what he put in his report along with “fired” and hiding it.

You are mistaken that the investigator wrote in your report that you lied. We are literally not allowed to write that. He wrote ‘Subject was asked …… ‘ and ‘Subject replied ….’ / ‘Subject was confronted with firing, Subject disagreed and stated ….’ The adjudicator NOT the investigator decides whether you are lying or not. It does not matter how much or little the investigator understands the unemployment benefits system because the investigator cannot input any personal knowledge, they can only explain the situation exactly the way you described it. A report with the investigator’s opinions or personal knowledge will not pass review and will be sent back to have the information removed prior to being sent to adjudication.

1 Like