The Security Clearance Appeals Process, Drugs & Guideline H

Maintaining a security clearance is crucial for individuals working in sensitive government positions. However, issues related to drug use can pose significant challenges. Matthew Thomas Law, PLLC is able to help you navigate the complexities surrounding drugs and security clearance appeals. Mr. Thomas has the knowledge to highlight the positive aspects of a person’s history and current lifestyle that come into play when an individual’s security clearances are in jeopardy because of prior drug use.

Understanding the Impact of Drug Use:

An applicant’s prior drug use is a critical factor when adjudicators are making security clearance decisions. Unfortunately, experimental or infrequent drug use can sometimes serve as a roadblock for applicants because it is often perceived as a potential risk to national security. Evaluating agencies are critical of an applicant’s past drug use because it can be an indicator of an individual's poor judgment, reliability, or inability to protect classified information.

Common Drug-Related Concerns:

1. Illegal Substance Use:

The Department of Defense and other agencies are critical of applicants that use or have used illegal substances. Regardless of whether the use was recreational or experimental - any engagement with illegal substances can sometimes trigger security clearance denials or revocations.

2. Prescription Medications:

Prescribed medications can also be scrutinized depending on the circumstances surrounding the use.  Using a substance without a prescription is prohibited and can serve a red flag on an individual’s application and prevent a person from receiving their clearance. 

3. Recreational vs. Addictive Use:

As alluded to previously, the nature of the drug use does come into consideration. Depending on the substance, a handful of recreational uses may be viewed differently than an individual who frequently used or exhibited addictive behavior. These determinations are made on a case-by-case basis, but no matter the case - agencies are always evaluating the applicant’s reliability and trustworthiness.

Security Clearance Appeals Process:

1. Reporting and Honesty:

Honesty is a top consideration when evaluating an applicant’s case. Often an individual’s failure to report prior drug use or decision to provide misleading information can be more damaging than the drug use itself. The best practice is to be honest early and often.

2. Personal Mitigation:

Applicants that find themselves going through the security clearance appeals process can present mitigating factors. Typically, an individual should focus their efforts towards rehabilitation, abstinence, and a change in lifestyle. More drastic steps need to be taken depending on the circumstances in order to illustrate that prior drug use will not be an issue in the future. 

3. Legal Assistance:
Matthew Thomas Law, PLLC has the necessary experience to handle your Security Clearance Appeal that involves drugs and other Guideline H issues. Mr. Thomas has guided countless individuals through the complex process, ensuring they present a compelling case. Contact us today at (910) 939-0263 or fill out our online form to get started on your case.