If you’ve been accused of lack of candor, the agency is signaling one thing:

They believe you were not completely honest—and they want to use that belief to damage or end your federal career.

Lack of candor is one of the most dangerous and misunderstood charges in federal employment law. It is frequently misused by agencies as a catch-all allegation when they:

  • Can’t prove misconduct

  • Want to label you untrustworthy

  • Want to justify removal

  • Want to attack your credibility

  • Want to support a clearance action

  • Want to undermine your defenses in other disputes

As former agency attorneys ourselves, we can say this clearly:

Lack of candor is the government’s favorite “weaponized” charge—because it is vague, subjective, and easy for them to twist.

That’s why you need to understand exactly what this charge means legally, how agencies misuse it, and how a Federal Employment Lawyer dismantles it.

This is the most comprehensive guide on the internet about lack of candor in federal service.

For overall protections and your full rights, visit our
👉 Federal Employment Law Hub (Learn all your federal rights and defenses)

What “Lack of Candor” Actually Means in Federal Employment Law

The Merit Systems Protection Board (MSPB) has consistently defined lack of candor as:

A failure to disclose something that should have been disclosed, or a partial disclosure that creates a misleading impression.

This definition comes from decades of precedential MSPB and Federal Circuit cases, including:

  • Ludlum v. DOJ

  • Fargnoli v. DHUD

  • Merritt v. Department of Justice

Lack of candor is not the same as lying.

Agencies love to blur the lines, but the law is clear:

  • Lying requires intent to deceive.

  • Lack of candor does not require proof of intent.

A lack of candor charge can be sustained even if the employee had no intention to hide anything.

This makes defending these cases extremely technical—and extremely high-stakes.

Why Agencies Use Lack of Candor So Aggressively

Because lack of candor is subjective, it is frequently used to:

  • Bolster weak misconduct charges

  • Remove an employee they already want gone

  • Mask retaliation

  • Justify clearance suspensions

  • Support suitability allegations

  • Undermine credibility in EEO or whistleblower claims

Lack of candor is the “Swiss Army knife” of federal discipline.

Supervisors, HR specialists, and agency counsel know that this charge frightens employees. It sounds like dishonesty—even when the facts don’t support such a conclusion.

This is why defending against lack of candor requires a Federal Employment Lawyer who understands both MSPB law and agency psychology.

How Lack of Candor Charges Arise

Most lack of candor allegations originate from:

1. Interviews During Investigations

Especially in:

  • Administrative investigations

  • OIG interviews

  • HR fact-finding

  • Management inquiries

  • AIBs

2. Written Responses

Including:

  • Emails

  • Reports

  • Explanations

  • Timecards

  • Performance rebuttals

  • Statements during EEO/OSC processes

3. Security Clearance Forms

Particularly SF-86 omissions.

4. Discrepancies Between Statements and Documents

Even innocent misunderstandings or unclear language can trigger this charge.

5. Supervisor “He Said/She Said” Scenarios

Agencies often give full credibility to supervisors—even when they are wrong or retaliatory.

The Legal Standard Agencies Must Meet

To sustain a lack of candor charge, the agency must prove:

1. The employee made a statement or omission.

2. The statement or omission was misleading or incomplete.

3. The employee should reasonably have known the information was necessary.

4. In some cases, that the lack of candor was material to the investigation.

This is a complex standard, and agencies routinely fail to meet it.

The problem?
Most employees don’t know how to challenge it.

Why Lack of Candor Is So Dangerous

A sustained finding of lack of candor can impact:

  • Your job

  • Your ability to transfer

  • Your future promotions

  • Your retirement/security

  • Your security clearance

  • Your credibility in future disputes

  • Your suitability for federal service

Lack of candor is considered a trustworthiness issue.
Agencies often treat it more seriously than the underlying allegation itself.

Common Agency Tactics in Lack of Candor Cases

As former agency counsel, here’s what we’ve seen repeatedly:

Tactic #1: Exaggerating Inconsistencies

Agencies often turn normal memory differences into “credibility issues.”

Tactic #2: Mischaracterizing Your Statements

Supervisors or investigators often “summarize” your words inaccurately.

Tactic #3: Fishing for Contradictions

Asking repeated questions until an answer slightly differs from a previous one.

Tactic #4: Withholding Evidence

So the employee unknowingly gives an answer that appears incomplete.

Tactic #5: Using Ambiguous Questions

Then claiming your interpretation was misleading.

Tactic #6: Applying the Charge to Retaliation Cases

To discredit whistleblowers or EEO complainants.

Winning Strategy From a Federal Employment Lawyer

Here’s exactly how NSLF attacks and dismantles lack of candor allegations.

1. We Identify the “Missing Element”

Most lack of candor charges fail because one of the legal requirements is not met.

Our attorneys review:

  • Interview notes

  • Investigator write-ups

  • Supervisor statements

  • Timeline discrepancies

  • Missing context

We find the flaw—and drive a wedge through the agency’s case.

2. We Reconstruct the Truth

We build a defense file using:

  • Emails

  • Notes

  • Previous statements

  • Witness accounts

  • Performance history

  • Clarifying evidence the agency ignored

This often proves the agency’s conclusion was wrong, incomplete, or retaliatory.

3. We Challenge Investigator Credibility

Investigators and supervisors make errors constantly.
We document them and turn their mistakes into your leverage.

4. We Clarify Ambiguous Questions

Most lack of candor cases fall apart when we show:

  • The question was vague

  • The question was misunderstood

  • The question was compound

  • The question required context

  • The employee interpreted it reasonably

5. We Use Douglas Mitigation

Even when the agency pushes forward, Douglas factors can drastically reduce the penalty.

6. We Protect Clearance, Suitability, and Career Value

Lack of candor can affect:

  • Clearance adjudications

  • Future promotions

  • Transfers

  • Tenure and seniority

  • Retirement eligibility

We negotiate outcomes that protect long-term career value—not just the short-term case.

How NSLF’s Insider Advantage Turns These Cases Around

Our attorneys are former:

  • DHS agency counsel

  • TSA and CBP legal advisors

  • DOJ litigators

  • Army JAG officers

  • National security and clearance attorneys

  • DOHA judges, advisors, and clearance specialists

We’ve run and overseen the exact investigations where lack of candor is most often charged.

We know the playbook.
We know the shortcuts investigators take.
We know the mistakes supervisors make.
We know how MSPB judges analyze these cases.
And we know how to beat them.

Learn more on our
👉 Why National Security Law Firm page (explains our insider advantage).

NSLF’s Attorney Review Board Gives You Multi-Lawyer Power

Every complex case is reviewed by multiple attorneys through our proprietary
👉 Attorney Review Board process.

This gives you:

  • Multiple expert perspectives

  • Military + federal-agency experience combined

  • Strategic quality control

  • Team-based litigation planning

  • Leverage in settlement negotiations

Other firms assign one lawyer.
We deploy a team.

How to Choose the Best Federal Employment Lawyer for Lack of Candor Cases

Use our official guide:
👉 Ultimate Guide to Finding the Best Lawyer
This explains exactly what to look for (and avoid).

For lack of candor cases, look for:

  • Insider agency experience

  • MSPB litigation background

  • Understanding of investigative processes

  • Ability to reconstruct timelines and statements

  • Strong strategic communication

  • Proven success in credibility disputes

  • A firm with strong, real reviews

Our 4.9-star Google reviews speak for themselves.

Frequently Asked Questions (FAQs)

Does lack of candor require intent to deceive?

No. That’s what makes it dangerous.

Can I be removed for lack of candor?

Yes. Agencies often use this charge to support removal.

Is lack of candor the same as lying?

No. Lying is intentional deception; lack of candor is incomplete or misleading information.

Can I be charged even if I told the truth?

Yes—if the agency claims your answer was incomplete.

Can lack of candor affect my clearance?

Absolutely. It is considered a trustworthiness issue under the
👉 National Security Adjudicative Guidelines.

Can I fight lack of candor?

Yes—and these charges are defeated often with the right strategy.

Can I get discipline reduced?

Yes. Douglas mitigation can significantly reduce penalties.

Can lack of candor be used as retaliation?

Yes. Agencies often misuse it in whistleblower and EEO contexts.

Do I need a lawyer?

Yes. Lack of candor cases are technical and high-stakes.

Why Choose NSLF

Federal employees choose NSLF because:

  • We have 4.9-star Google reviews backed by real clients

  • We are former federal insiders, not civilian lawyers learning the system

  • Our attorneys include former agency counsel, JAG officers, national security attorneys, and DOHA adjudicators

  • We use a team-based Attorney Review Board

  • We work nationwide

  • We maximize case value and long-term career outcomes

  • We provide transparent pricing and financing

  • We fight like your career depends on it—because it does

Learn more on our
👉 Why National Security Law Firm page.

Federal Employment Resource Hub

Visit our
👉 Federal Employment Law Hub
for more comprehensive guides.

Book a Free Consultation

If you are accused of lack of candor, the situation is already serious.
Do not speak to investigators.
Do not submit a written response.
Do not explain yourself informally.

Contact us immediately to protect your career.

👉 Book a Free Consultation
(Instant scheduling • Confidential • Nationwide)

National Security Law Firm: It’s Our Turn to Fight for You.