It is not uncommon for a job offer to be contingent upon obtaining an interim clearance. Employers know that the adjudicative process for a clearance can be slow-moving, and an interim clearance will allow you to perform your job functions while you wait on a final decision. So long as no derogatory information is disclosed/discovered in your completed SF-86, and the fingerprint check and review of local records come back favorable, this temporary eligibility will be granted by the Adjudication and Vetting Services (AVS) to U.S. citizens where access to classified information is “clearly consistent with the national security interests of the United States.”[1] The timeline for the process can vary depending upon the level of clearance you are trying to obtain. Denial of an interim clearance is common as the standard to deny is low, the process is subjective and there is no right of appeal. Sometimes the denial boils down to the adjudicators simply not having enough information to go on or needing clarification about something that can ultimately be mitigated through more thorough investigation. Many applicants who are initially denied an interim clearance are ultimately successful in being granted a clearance once the full background investigation is completed. In the alternative, an initially approved interim clearance may be later withdrawn if derogatory information is discovered during the course of your background investigation. It is a source of frustration to both employees with job offers and clearance attorneys that job offers can be rescinded for failure to obtain an interim clearance with no ability to appeal and the facts point to a high probability of success being found eligible at the conclusion of the investigation. If there were a silver lining, however, it would be that the denial of an interim clearance is not a denial that must be reported in the Investigations and Clearance Record section of the SF-86.
[1] Security Executive Agent Directive (SEAD) 4, App. A 1.(d) (Jun. 8, 2017).
Justyn Ann Baxley is a Partner with JAG Defense. Her practice primarily focuses on security clearance law and administrative law. As a security clearance lawyer, Ms. Baxley has represented hundreds of individuals in security clearance adjudications across virtually every federal agency, to include the Department of Defense, the Department of Homeland Security, the Department of Energy, the National Security Agency, NASA, and others.
