Obtaining a Public Trust After a Clearance Denial


#1

In 2009 I received a Top Secret Clearance. In 2010 I had an investigation and poly with an Intel agency to add SCI with CI Poly. Without getting into too much detail, I was denied the clearance on two accounts. I was able to appeal and get one removed, but the other remained. This final denial accrued in 2012. I now want to apply to some civil agencies, which require a Public Trust. I notice that that the form asks if you’ve ever been denied a clearance. Two questions. 1. What are my disclosure requirements on this form. I see it talks about suspended, revoked, or debarred from government employment – that’s never happened, just this denial for the “upgraded” clearance. 2. If I have to enter the date & agency, for a public trust, would they look into this investigation and ask me questions about that investigation and could I possibly be denied? Understand that Public Trust is a lower level clearance, but not sure if this denial would trigger any alarms.
Thank you in advance!


#2

Based on what you disclosed, you had an SSBI completed and favorably adjudicated, and granted a TS. That should be the information you put in Section 18A of the SF-85P
In section 18B you will have to disclose that you were denied SCOI access. There is no requirement to disclose why on the form, however, it will have to be disclosed during the security interview for your Public Trust MBI or BI investigation. Whether it would impact a favorable adjudication would depend on what it was and if there was any nexus to the position, but most likely not since you were previously granted a TS, assuming it was not revoked or suspended.


#3

First, thank you so much for the quick reply! I do believe that my TS was actually suspended, in 2013. The letter stated that it was being suspended in the interest of national security, but I'm not sure if it was suspended because I was not working on an assignment that required a clearance for over 2 years, or due to this. Prior to getting that letter, I was asked to complete a new SF-86, but couldn't because I was not supporting cleared work. Then I got that letter, so I assumed the two were connected, but not sure if through a new investigation, all this would come up. Certainly, in my view there were never issues, not then, not now, but understandably the Intel agency did not agree. I just don't know for a Public Trust the scrutiny is as high. Thank you again!