Suitability Denial for IC 3-Letter Agency

I still don’t know, as I have not received an SOR in the mail. The phrasing of the message strongly suggests that it was a clearance denial, but I can’t say for sure.

I made a Privacy Act request for details on my background investigation, but apparently they couldn’t find anything regarding me whatsoever? I am not sure how to even contact the agency I was applying with to simply ask if its a clearance or suitability denial (if I am even allowed to ask at all). At this point it’s probably best to contact the 2nd agency and update my SF86 with a potential clearance denial, but like you mentioned earlier, its going to cost me the offer.

Seems like I am cooked either way from employment with any federal agency or anything that requires a clearance. It’s very disappointing but there doesn’t seem to be much I can do at this point.

You are in the best position to know what specific item in your background may be the issue, on most cases. If you factually know you are a “go” on all adjudicated standards…it happens…worth fighting for. The SORs I saw in the past were explicite as to reasons.

I have received my SOR as of this evening. Below is the exact letter as follows with exact dates redacted:

The US Government disapproved your request for access to classified information on May 2024. Individuals who are granted or maintain access to classified information must meet strict security standards as outlined in the enclosed attachment. Any doubt about whether an individual should be granted or retain access to classified information will be resolved in favor of national security.
The security clearance determination was based on Security Executive Agent Directive 4, National Security Adjudicative Guidelines for Foreign Influence, Personal Conduct, Drug Involvement and Substance Misuse.
On your security clearance application form SF-86 dated March 2024, you reported you illegally used Adderall two times in February 2020, mushrooms four times between December 2016 and April 2020; and THC daily between March 2016 and January 2022. You added you were provided the Adderall by a friend, and purchased mushrooms from a coworker and THC from a dispensary. You listed three foreign contacts, a father, uncle and cousin, who are all citizens of Mexico. You noted you reside with your father in California. During a security interview in March 2024, you clarified you used THC approximately 500 times between March 2016 and January 2022.
During your technical testing in April 2024, you relayed you had underestimated your THC use during security processing, and that the THC use was actually greater than the 500 times previously reported. You reported four additional foreign contacts, a grandmother and three acquaintances. You stated your grandmother is a citizen of Mexico, and the three acquaintances are “possible” citizens of Mexico. You explained that you last had contact with your grandmother in September 2023, and with the three acquaintances in December 2023.

So overall, the reasons given are understandable and I have no real reason to question the legitimacy of the decision. The polygraph is what probably did me over. The 2nd day, I was asked if I knew any other potential foreign contacts and I did list three people as mentioned (I had known them for a while through my cousin, but wasn’t sure if they were citizens even though they were very fluent in English). After the poly I went out of my way to ask the three individuals directly, and I found out two of them are US citizens and one is a permanent resident.

As for underestimating the drug use, it was a genuine, honest mistake. During my phone call about a week after submitting my SF86, I was asked to give a number of how many times I had used marijuana. I spitballed an estimate and said 500 times, but in retrospect, that was a huge mistake. I should have spent considerably more time over the phone to think about how many times I spent using recreational marijuana. The real answer was around 800-900 uses. During the poly I was asked to give a timeline of my use and how many times a day I used marijuana and that’s how it was determined I underestimated my use.

Both of the examples above are pretty much a result of me getting got by the polygraphing techniques. I won’t make any excuses for what happened; I should’ve been more diligent in adding foreign contacts if unsure and should’ve given more accurate drug use counts. That being said, I do have the option to appeal my case in person or virtually (I would have to spend money to appeal in person, as I live on the west coast).

Would I have any chances of being able to appeal these decisions? I am taking some time to read over all of the relevant SEAD guidelines to present a proper appeal. I am also unsure if spending thousands of dollars on legal counsel is a good move as I am unemployed at the moment.

I am surprised that your foreign contacts were an issue. I also have foreign contacts, some of them from Mexico, and they have never been an issue. What is not surprising is the drugs. That is a lot of drug use, and it would be difficult to get a clearance anywhere with that amount of drug use.

While your foreign contacts do seem mitigatable, your drug use does not. I would not recommend trying to appeal against this decision because of your drug use. Your chances of appealing the decision are not very good because of drug use, not your foreign contacts.

The foreign contact thing is probably because I should’ve included them in my SF86, but I was unsure at the time. In regards to my grandmother, I have only seen her once in the past four years, and I told my polygrapher I didn’t consider it “close and continuing contact”. The adjudicator seems to have disagreed. I did not make the same mistake of omitting her off my 2nd SF86.

As for the drug use, I am not sure what I could say for them to believe that I have been completely sober off marijuana for over two years and Adderall/mushrooms for over four years (which much closely resemble experimental use). I’ve seen things about taking cessasion courses, writing signed documents, and getting character references from friends/family to act as mitigating factors.

I’m speaking with legal counsel for a free consultation later this afternoon.

Heavy drug use, which daily falls into, is going to take 3 plus years of no use along with statements you removed this friend group, dont hang out in same places etc.