§ 147.23 Breaks in service.

Quick Answer: What This Section Does

§ 147.23 explains how security clearance eligibility is handled when an individual leaves government or contractor employment and later returns.

It focuses on:

• gaps between cleared positions
• whether prior investigations remain valid
• when a new investigation is required
• how eligibility is re-evaluated after time away

👉 In practice, this section answers a very common question:

“What happens to my clearance if I leave my job and come back later?”

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What This Means in Practice

Most people assume that once they have a clearance:

👉 it stays active indefinitely

That is not how the system works.

When you leave a cleared position, your eligibility does not disappear—but it is no longer actively used.

This section creates a key rule:

👉 If you return within two years, your prior investigation may still be used

But:

👉 it must be reviewed before access is granted again

Adjudicators are not asking:

👉 “Did you have a clearance before?”

They are asking:

👉 “Does your record still support clearance eligibility today?”

That distinction matters.

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How This Rule Is Actually Used

If an individual returns to a cleared role within two years:

• the prior investigation can still be valid
• the agency must review an updated SF-86
• relevant records must be checked
• a full reinvestigation is not automatically required

However:

👉 if new concerns appear during review
👉 a new investigation may be required

This is closely tied to how transferability works, as explained in how security clearance portability works and what follows you between jobs.

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Full Text of § 147.23

§ 147.23 Breaks in service.

If a person who requires access has been retired or separated from U.S. government employment for less than two years and is the subject of an investigation that is otherwise current, the agency regranting the access will, as a minimum, review an updated Standard Form 86 and applicable records. A reinvestigation is not required unless the review indicates the person may no longer satisfy the standards of Executive Order 12968 (60 FR 40245, 3 CFR 1995 Comp., p. 391); (Attachment D to this subpart, Table 2).

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Why This Matters for Your Case

This section reflects a critical principle:

👉 your clearance eligibility may remain—but your record is re-evaluated

Two individuals may leave and return:

• one regains access quickly
• one is delayed or re-investigated

Because:

👉 something in the record changed

This is why issues that arise during a gap—such as financial problems, arrests, or foreign contacts—can become critical, as explained in what disqualifies you from a security clearance and how issues are evaluated when you return.

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Where Break-in-Service Cases Go Wrong

Problems most often arise when:

• issues develop during the gap period
• disclosures differ from prior records
• the updated SF-86 introduces inconsistencies
• prior concerns were never fully resolved
• the individual assumes nothing has changed

From the applicant’s perspective:

👉 “I already had a clearance”

From the system’s perspective:

👉 “We are reviewing your record as it exists today”

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How This Section Connects to the SF-86

This rule directly depends on the updated SF-86.

That document becomes:

👉 the new starting point for evaluation

Investigators compare:

• prior disclosures
• current disclosures
• any new information

This is why consistency is critical, as explained in how the SF-86 becomes the foundation of your clearance record and is reused across investigations.

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How This Section Fits Into the Clearance Process

This provision is part of the broader investigative framework under the security clearance statutes and regulations governing eligibility and investigation standards.

It affects:

• re-entry into cleared work
• contractor transitions
• employment gaps
• clearance reactivation timelines

These reviews ultimately feed into decisions under the security clearance adjudication process and how eligibility is reassessed over time.

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How This Section Interacts With Other Rules

Breaks in service are closely tied to:

• investigation standards (§147.19)
• transferability (§147.22)
• expansion of investigations (§147.21)

Together, these determine:

👉 whether your clearance can be quickly reactivated
👉 or whether deeper review is required

Return to the full statute list in the Security Clearance Statutes and Regulations resource page, or explore how these rules are applied in practice in the Security Clearance Lawyers Resource Center.

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Why Insight Into the System Matters

Security clearance decisions are not made in a vacuum.

They are made by:

• adjudicators
• administrative judges
• agency decision-makers
• reviewers who rely on the written record

Understanding how these individuals evaluate risk, credibility, and mitigation is not theoretical—it is structural.

At National Security Law Firm, our security clearance lawyers include attorneys who have worked:

• as administrative judges and adjudicators responsible for deciding clearance cases
• inside federal agencies evaluating whether individuals should be approved or denied
• within military legal systems handling sensitive national security matters
• in roles directly applying the adjudicative guidelines to real-world cases

Our cases are not handled by a single attorney working in isolation.

They are reviewed through our internal Attorney Review Board, where multiple experienced attorneys analyze the record, test arguments, and refine strategy before submission.

This mirrors how the government evaluates cases—through layered review and institutional scrutiny.

Clients often come to us after receiving advice that focuses only on:

• legal arguments
• explanations of past conduct

But security clearance cases are not decided that way.

They are decided based on:

👉 how the record will be read, reused, and defended by decision-makers

That is the difference between a response that explains—and a record that supports approval.

You can read what clients say about their experience working with our team in our 4.9-star Google reviews, which reflect both outcomes and the level of strategic guidance we provide throughout the process.

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Speak With a Security Clearance Lawyer Before Returning to a Cleared Role

The most important question is not:

👉 “Can I get my clearance back?”

It is:

👉 “What has changed in my record since I last held it?”

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The Record Controls the Case.