Consequences of Falsifying Information on Security Clearance Forms

Security clearance forms are essential documents individuals must complete when seeking access to national security data. These forms require detailed personal and professional information. They are crucial to determining an individual's eligibility for access to sensitive materials. They are used by government agencies handling state secrets, and the information gathered serves as a baseline to assess the individual's trustworthiness, reliability, and potential risk to national security.

The accuracy of the information provided in the security clearance forms is paramount. The adjudicating authority responsible for evaluating the application uses the information to conduct a thorough background check. This assessment includes examining criminal records, financial stability, foreign connections, and other relevant factors. Any inaccuracies or incomplete information can lead to delays or even application rejection. The process ensures that only those who meet stringent criteria and can be trusted with sensitive information are granted clearance.

Falsifying information on security clearance forms is a serious offense. This can include lying about criminal history, financial status, or other essential details. If discovered, it may lead to immediate denial of the application and any existing security clearance may be revoked. Furthermore, falsifying information can lead to legal consequences, including criminal charges. Even beyond legal penalties, dishonesty can have a long-lasting impact on one's professional reputation, making it more difficult to obtain employment or clearances.

If you are going through the security clearance process, seek legal counsel as soon as possible. Contact Claery & Hammond, LLP at (877) 362-3176 to discuss your case.

What Constitutes Falsification?

Falsification in the context of security clearance refers to deliberately misrepresenting or omitting information on the application. It is not simply a matter of misunderstanding or minor inaccuracies but involves intentional deception.

Material and Deliberate Falsification

Material falsification refers to altering or omitting information that would significantly impact the decision to grant security clearance. Deliberate falsification means that the act was done intentionally, with full awareness that the information was false or misleading.

Omitting Information

Leaving out essential details, such as previous arrests or financial troubles, can be considered a form of falsification. Even if the information might seem unimportant to the applicant, omitting it can lead to rejection or revocation of clearance.

Putting Untrue Statements

Including untrue statements includes knowingly providing false details about one's background, experiences, or qualifications.

Common examples of falsification include the following:

  • Omitting arrests: Failure to disclose prior arrests or criminal history, even if the charges were dropped or led to acquittal.
  • Lying about drug or alcohol use: Lying about or minimizing past or current drug and alcohol use can be a critical factor in assessing an individual's reliability and judgment.
  • Falsifying employment history: Misrepresenting work experience, job titles, or responsibilities can undermine credibility.
  • Claiming unearned achievements: Falsely claiming awards, certifications, or other professional achievements that were never earned.
  • Misrepresenting educational qualifications: Inflating or fabricating academic credentials, such as degrees or diplomas, can indicate dishonesty and lack of integrity.

Potential Legal Consequences of Falsification

Falsifying information on security clearance forms is a serious criminal offense under U.S. federal law. Specifically, it falls under 18 U.S. Code § 1001, which makes it a felony to knowingly and willfully make materially false, fictitious, or fraudulent statements or representations in any matter within the federal government's jurisdiction.

In the context of security clearance, any intentional misrepresentation or omission of a material fact on the application could lead to criminal charges.

The consequences for violating 18 U.S. Code § 1001 are severe. A person guilty of falsifying information could face up to five years in federal prison. In addition to imprisonment, there may also be substantial fines imposed. The exact amount can vary.

Impact on Security Clearance Approval

Falsifying information is a serious violation that can result in immediate rejection of a security clearance application. The agencies responsible for granting clearance will likely view such behavior as indicative of a lack of integrity and honesty, crucial qualities for anyone seeking access to sensitive information. As a result, the application may be denied without further consideration.

Even if the falsification is discovered after clearance has been granted, it can lead to revocation. The agency may determine that the individual cannot be trusted to access sensitive information, considering the willingness to deceive.

Falsifying information on security clearance forms becomes part of an individual's permanent record. Any future attempts to obtain security clearance will likely be met with skepticism and increased scrutiny. The information might be shared across different agencies, making it more difficult to get clearance in various government departments or private organizations requiring it.

The long-term impact on career opportunities and professional standing can be profound. Many jobs require security clearance, particularly in government, defense, intelligence, and other sensitive sectors. Being marked as someone who has falsified information can effectively close doors to those opportunities.

Correcting Mistakes on Security Clearance Forms

As soon as a mistake is identified, note the nature of the error. Understanding what was incorrect helps in taking proper corrective action. Contact the agency or department responsible for processing the clearance application. Explain the mistake and express your intention to correct it.

Supply the correct information promptly, following the instructions given by the agency. This may include filling out specific forms or providing supporting documents.

Keep a record of all communications and actions taken to correct the error. This can consist of emails, letters, and notes from phone calls.

Importance of Consulting With a Legal Representative

Seeking legal counsel from a professional who practices security clearance law is often wise, particularly if the mistake is substantial or if there are concerns about how it may be perceived. A legal professional can help craft appropriate communications with the agency to ensure clarity and professionalism. They can also act as an advocate, ensuring that the mistake is handled correctly and preventing it from harming your clearance prospects.

At Claery & Hammond, LLP, we provide guidance throughout the security clearance process. Contact us at (877) 362-3176 today.