Interns And Sf85: Who Needs To Submit?

Students applying for federal positions, including summer internships and volunteer roles, must undergo a suitability review. This review evaluates a candidate's character traits and conduct to determine whether they are likely to act with integrity and efficiency in the role. While the specific questionnaires vary depending on the division and position type, the SF-85, Questionnaire for Non-Sensitive Positions, is the shortest and least intrusive form. It is commonly used for low-risk positions and is often required for law student interns. Students should also be mindful of potential conflicts of interest that may arise during their internships and proactively address these issues with the relevant agencies.

Student interns must fill out the SF-85 form immediately upon receiving a provisional offer to avoid delays in the background check process

All applicants for federal positions, including student interns, must undergo a suitability review. This review evaluates an individual's character traits and conduct to decide whether they are likely to act with integrity and efficiency in their job. While the specific questionnaires vary with the different divisions and the types of positions, student interns are often required to fill out the SF-85 form, the shortest and least intrusive form, which is used to request NACI investigations to support Low-Risk positions.

To avoid delays in the background check process, student interns should fill out the SF-85 form immediately upon receiving a provisional offer. This is because some students have been prevented from starting work due to problems with the timeliness of their background checks. For instance, delays can occur when an employer holds the forms until all summer interns are selected and have submitted their forms. Therefore, students are advised to request that their forms be express mailed for review.

In addition to the SF-85 form, students may also be required to complete other security clearance applications, such as the SF-85P, which is used for Moderate-Risk positions, or the SF-86, which is used for High-Risk Public Trust positions and requires the disclosure of personal identifying data and information related to criminal records, illegal drug involvement, financial delinquencies, and mental health counseling, among other sensitive topics.

It is important to note that students should also be mindful of potential conflicts of interest that may arise during their internship and bring any possible issues to the attention of the agency as soon as possible.

The SF-85 form is used to request NACI investigations to support low-risk positions

All applicants for federal positions, including student interns and volunteers, must undergo a suitability review. This suitability review is an evaluation of a person's character traits and conduct to decide whether the individual is likely to act with integrity and efficiency in their job. The suitability review begins once a conditional offer of employment has been accepted, with the candidate filling out a "Standard Form (SF)" and submitting to name and fingerprint checks and consenting to a credit report.

The SF-85P, “Questionnaire for Public Trust Positions,” is used to request an MBI investigation on Moderate Risk positions. It is the most required form for law student interns. Some agencies will use the SF-85P-S, “Supplemental Questionnaire for Selected Positions,” for Public Trust positions that have unique requirements. The SF-86, “Questionnaire for National Security Positions,” is used for High-Risk Public Trust positions and for all three levels of security clearances. It asks for personal identifying data as well as criminal records, illegal drug involvement, financial delinquencies, mental health counseling, alcohol-related incidents, civil court actions, misuse of computer systems, and subversive activities.

It is important to note that students should be mindful of the Rules of Professional Conduct or other applicable ethical rules that impose the obligation to avoid conflicts of interest. This could arise in a clinic, externship, or internship if there is a potential conflict with a future employer. While legal employers are responsible for inquiring about possible conflicts of interest, students should consider whether their past or ongoing legal work may present a conflict and bring any potential issues to the attention of the agency as soon as possible.

Student interns applying for federal positions must undergo a suitability review, which evaluates their character traits and conduct

The suitability review process for student interns typically includes completing a Standard Form (SF) questionnaire, as well as submitting to name and fingerprint checks and consenting to a credit report. The SF-85, "Questionnaire for Non-Sensitive Positions," is commonly used for low-risk positions and is the least intrusive form. It asks for basic personal information and is often required for unpaid internships. For law student interns, the SF-85P, "Questionnaire for Public Trust Positions," is more commonly used to request an MBI investigation for moderate-risk positions.

Additionally, federal agencies maintain a drug-free workplace policy, and paid student interns may be required to undergo urinalysis for drug testing. Drug testing for volunteers is typically discretionary and not required. It is important to note that the suitability review process only begins after a conditional offer of employment has been accepted.

To avoid delays in starting their internships, students are advised to promptly complete and return the necessary forms, such as the SF-85, once they receive a provisional offer. Being mindful of potential conflicts of interest and disclosing any relevant information to the agency in advance can also help prevent issues that may impact their ability to work or delay their start date.

The suitability review determines whether the position is sensitive or non-sensitive

All applicants for federal positions, including student interns, must undergo a suitability review. This review is an evaluation of a person's character traits and conduct to decide whether the individual is likely to act with integrity and efficiency in their job. The suitability review determines whether the position is sensitive or non-sensitive.

A sensitive position is one that has the potential to impact national security. For example, a non-sensitive position has no impact on national security, while a critical sensitive position has the potential to cause exceptionally grave damage to national security. There are three levels of security clearances, which correspond to the sensitivity of the information to which the applicant will have access. The three levels, in ascending order of sensitivity, are: Confidential, Secret, and Top Secret.

If the position is determined to be non-sensitive, the agency then designates the position as Low, Moderate, or High Risk. Low-Risk positions involve duties that have limited impact on the integrity and efficiency of the agency. Moderate-Risk positions have the potential for serious impact, while High-Risk positions have the potential for exceptionally serious impact. The kind of investigation conducted for a suitability review varies with the level of risk. The minimum investigation required for a Low-Risk position is the National Agency Check with Inquiries (NACI), which includes a law enforcement check, records search, credit check, and written inquiries of previous/current employers, education, residence, and references.

The SF-85, "Questionnaire for Non-Sensitive Positions," is used to request NACI investigations to support Low-Risk positions. The SF-85 is the shortest and least intrusive form and is commonly used for law student interns. The SF-85 requests information regarding illegal drug use, supply, possession, or manufacture in the past year. Credit checks are also done routinely as part of the SF-85. While issues on one's record can slow down the process, they do not automatically preclude employment. Outcomes are decided on a case-by-case basis, taking into consideration the severity and frequency of the occurrence, the circumstances, and the steps taken to address the issue.

In summary, the suitability review determines whether a position is sensitive or non-sensitive, which sets the stage for further evaluations and investigations to ensure that the applicant is suitable for the position. The SF-85 is commonly used for student interns applying for Low-Risk, non-sensitive positions.

Student interns should disclose any potential conflicts of interest, such as ongoing legal work, to the agency before accepting an internship offer

Student interns are often required to submit a background check before starting an internship, particularly for positions in federal agencies. The specific form to be completed depends on the level of risk associated with the position and the agency's requirements. The SF-85, or "Questionnaire for Non-Sensitive Positions," is commonly used for low-risk positions and is the least intrusive form.

While the SF-85 does not specifically mention conflicts of interest, student interns should still disclose any potential conflicts, such as ongoing legal work, to the agency before accepting an internship offer. This proactive disclosure demonstrates ethical responsibility and helps to avoid potential issues that may delay the start date or impact the intern's ability to work. Legal employers are responsible for inquiring about possible conflicts of interest, but interns should also be mindful of their obligation to avoid them. Disclosing any potential conflicts in advance allows for a smooth and timely start to the internship and ensures compliance with the Rules of Professional Conduct or other applicable ethical guidelines.

For example, a conflict of interest may arise if the intern is "on the other side" of a case or transaction involving their future employer. Disclosing such information upfront enables the agency to make an informed decision and manage any potential risks effectively. It also demonstrates the intern's integrity and professionalism, which are essential qualities for any legal position.

In addition to conflict disclosure, student interns may also be required to complete other forms, such as the SF-85P, "Questionnaire for Public Trust Positions," for moderate-risk positions. Some agencies may also require supplemental questionnaires for positions with unique requirements. These forms help assess the intern's suitability for the position by evaluating their character traits and conduct. A timely submission of the required forms, along with any necessary additional documentation, ensures a favorable evaluation and a smooth onboarding process for the internship.

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