Security Clearances

Some federal agencies have had security clearances for many years. However, in recent years additional agencies have added security clearances and existing policies have become more stringent. Agencies that do security clearances include DOJ, the CIA, and the Department of Defense. For DOJ and U.S. Attorneys' Offices, the FBI runs the security clearance check. This background investigation is rather routine for summer work (fingerprint check and questionnaire), and much more extensive for full-time employment — with the FBI checking references, former employers, coworkers, friends, neighbors, landlords, institutions of higher education, and credit/military/tax/police records. In recent years, security clearances at the DOJ, U.S. Attorney's offices and other federal agencies have taken considerably long periods of time and have proved a major obstacle to some applicants.

Security clearance can take longer to receive if students have dual citizenship, and dual citizenship with some countries (such as Iran) can sometimes make security clearance virtually impossible to obtain. Marriage to a non-citizen can also slow down a security clearance. Additionally, unless students were participating in a U.S. government program (such as the military or the Peace Corps), those who have lived outside of the U.S. for many years in the past decade will find it harder to receive clearance.

Much concern has been expressed in the past about minor drug experimentation barring lawyers or law students from jobs at DOJ. Drug use and past drug use continue to be taken seriously by DOJ. This is a particularly difficult issue: admitting to even minor drug use may lead to rejection, and lying is committing perjury.

For DOJ, a clear "One-year rule" exists. Applicants who have used narcotics less than one year prior to their application will be barred automatically from employment. Any other drug use is reviewed on a case-by-case basis. While there are no written rules for how much drug experimentation is acceptable, limited admitted experimental use of marijuana during college (i.e. under 5 times) will not automatically preclude you from being hired. Of key concern to DOJ is any current drug use, use during law school, and repeated use of any "hard" narcotics, such as cocaine. At DOJ, there is an absolute post-bar prohibition on any drug use, including marijuana.

In other agencies and departments, policies can vary. A recent change in the FBI's policy requires that applicants have not used marijuana in the past three years, or other drugs in the past ten years, while loosening restrictions on use prior to those periods. The CIA requires that applicants have not used illegal drugs within the past 12 months, and carefully evaluate any use prior to that year during medical and security processing.

Other key issues for the security check are any defaulted student loans, neglected financial obligations, or failure to comply with tax laws. Failure to file or pay taxes may preclude a candidate from passing the background check. DOJ Honors Program candidates are subject to a residency requirement. Candidates who lived outside of the U.S. for two or more years of the past five years may have difficulty being cleared by Security Staff. (Federal or military employees and their dependents are exempted from this rule.) Lastly, in the past, a couple of students have been flagged for further questioning because of admitted use of prescribed antidepressant drugs to ensure that these drugs did not impair function at work.