When filling out the SF-86 (e-App), applicants must disclose deeply personal information, ranging from mental health history to past drug use and financial debts. A common concern for applicants is whether this sensitive data can be "weaponized" by local police or state law enforcement agencies.

The Privacy Act of 1974

The information collected during a federal background investigation is protected under the Privacy Act of 1974. This data is maintained in a System of Records (such as those managed by the DCSA or the FBI). Federal law strictly limits the disclosure of these records without the written consent of the individual, except for specific "Routine Uses."

Local Law Enforcement and Your SF-86

Generally, local law enforcement agencies cannot simply request or view your SF-86 for the purpose of a criminal investigation.

Backward-Looking Data: The SF-86 records past behavior. Local police are typically focused on active criminal conduct.

Jurisdictional Barriers: Federal background investigations are outside the jurisdiction of local municipal or county police departments.

Routine Use Limitations: While federal agencies can share data with other law enforcement for national security or counter-terrorism purposes, sharing your personal history with local police for a standard misdemeanor or local inquiry is highly restricted.

The One Exception: Criminal Investigations into the Application Itself

The primary risk regarding law enforcement is not the "past behavior" you disclose, but any intentional falsification on the application. If you lie on an SF-86, that is a federal crime (18 U.S.C. § 1001), and that information can be shared with federal law enforcement (like the FBI) for prosecution.

Learn more about how the Privacy Act protects your data.

In the event of security clearance denial or revocation, individuals can contact the Security Clearance Professionals at (904)884-5891, asya@securityclearancepro.com, or www.securityclearancepro.com for a free consultation.