FBI Security Clearance Denial Lawyers
Lawyers for FBI Security Clearances
40 Years of Experience in Security Clearances
A security clearance from the Federal Bureau of Investigations (FBI) may be required for one’s job, such as for law enforcement personnel on the federal, state, and local levels. Other individuals who are not members of a law enforcement agency may also be required to obtain an FBI security clearance. In fact, after the attacks on United States soil on Sept. 11, 2001, the FBI changed its security clearance policies and established an initiative to encourage security clearances for civilian public officials with a “need-to-know” regarding classified information.
Our attorneys at The Edmunds Law Firm help individuals obtain FBI security clearances, which are of two types or levels: “Secret” and “Top Secret.” With over 40 years of experience in successfully representing security clearance applicants, Attorney Alan V. Edmunds has accumulated a great deal of knowledge about FBI security clearance issues and cases.
We encourage you to contact our FBI security clearance lawyers to arrange a consultation regarding your case.
Obtaining Access to Classified Information
After 9/11, the FBI introduced the “State and Local Law Enforcement Executives and Elected Officials Security Clearance Initiative.” This initiative enables state and local officials to receive briefings on classified information that might affect their state or locality, once they have obtained the necessary security clearance.
The process for obtaining an FBI security clearance involves the same form-the Standard Form 86 (SF 86)-that most other types of security clearances require, as well as the completion of the Questionnaire for National Security Positions. The process is started at the applicant’s local FBI office.
The FBI’s Background Investigation for Each Applicant
An extensive background investigation and records check are conducted for each security clearance applicant, even if he or she has an executive-level position with a law enforcement agency-which probably conducted its own investigation at hiring. The background investigation cannot be waived, and it applies for both Top Secret and Secret FBI security clearances. As Mr. Edmunds can tell you, many FBI security clearance applications are held up at the background investigation point.
- The following aspects of an applicant’s life are checked for an FBI security clearance:
- Citizenship of the applicant and his/her family members
- Verification of birth-date and location
- History of residences
- Education history-every institution, and all records
- Employment history
- Finances-including bankruptcies, credit history, and debt delinquency
- Military service
- History of mental disorders
- History regarding alcohol and/or illegal drug use
- Time spent in a foreign country
- Relatives or friends in foreign countries
- Family members, friends, coworkers, neighbors, and ex-spouses are interviewed
The FBI may turn down or delay an applicant’s security clearance based on information that is incomplete, incorrect or inconsequential. Individuals who are concerned about dealing with the FBI security process can turn to The Edmunds Law Firm for the knowledgeable and skilled representation they need.
For information about your FBI security clearance, contact an security clearance attorney from our office today: Call The Edmunds Law Firm at (800) 481-2526!
FBI security clearance may be required for a wide range of roles that don’t necessarily involve working for the federal government. The best way to learn more about what’s required to secure FBI security clearance, where there may be bumps in the road, and what to expect from the process is to talk to an experienced security clearance lawyer.
The information below provides general, high-level responses to some of the questions we hear most often. However, it’s no substitute for personalized advice from an FBI security clearance lawyer.
FBI Security Clearance FAQs
The process for obtaining security clearance, including FBI secret clearance, involves multiple steps. At each step, there are opportunities for oversights or errors that could set back your security clearance application or result in a denial.
The process typically begins with you completing an SF-86 — a questionnaire that runs well over 100 pages and includes questions about nearly every area of your life. It’s critical that you’re thorough and accurate in completing this form. Leaving something out could cause serious problems, even if it was an honest mistake.
The process also typically involves a credit check, a criminal background check, an interview, interviews with people in your past and present life, and perhaps a polygraph test.
An experienced security clearance lawyer like Alan Edmunds can help you prepare for each step in the process and help ensure that you don’t make innocent mistakes that could hurt your chances of receiving security clearance.
If you’re dealing with a security clearance denial, you could miss out on the job you needed the security clearance for. If you’re already in a job that requires security clearance and that clearance is revoked, you might be unable to perform parts of the job and could be terminated or reassigned.
Fortunately, you’ll have a chance to respond. When your security clearance is on track for denial, you will receive a Statement of Reasons (SOR). The SOR lays out the reason or reasons the government is planning to deny your security clearance.
You have a very short time to provide a detailed response to the SOR (statement of reasons). Preparing an effective response can be challenging, especially under time pressure. It’s best to consult an experienced security clearance lawyer right away when you receive your SOR.
A person can be denied security clearance for any reason or combination of reasons that suggests the person may be a security risk. Department of Defense Directive 5220.6 sets forth 13 separate guidelines for areas of an applicant’s life to be considered. These include:
- Allegiance to the United States
- Foreign influence
- Foreign preference
- Sexual behavior
- Personal conduct
- Financial considerations
- Alcohol consumption
- Drug involvement
- Emotional, mental, and personality disorders
- Criminal conduct
- Security violations
- Outside activities
- Misuse of information technology systems
Within each category, there are a number of examples of the types of information that may raise concerns and could be disqualifying. For example, under financial considerations, one possible disqualifier is a history of not meeting financial obligations. But, unexplained affluence can also raise a red flag.
Context plays an important role, too. For instance, an isolated financial crisis typically won’t be weighed as heavily as a long-term pattern of poor financial management. A DUI may be treated differently based on the passage of time since the incident and steps you have taken since, such as substance abuse treatment.
The best way to get detailed information about how the specifics of your background will be considered for security clearance and how you can best address those concerns is to talk to an experienced FBI security clearance lawyer as early in the process as possible.
How long it takes to get FBI security clearance depends in part on the clearance level. FBI secret clearance can often be obtained within 45-60 days of filing the SF86. However, the top secret clearance investigation takes longer, typically several months.
The process can also be delayed if you make an error on your SF86, or the investigator needs to request additional information.
When you are granted security clearance, you will receive a notification. The formal notification typically comes from the security officer who sent you the link to complete your SF86. You may also hear from the person who made a contingent employment offer, as they will also be notified of the outcome.
If your security clearance is going to be denied, you will receive a Notice of Intent to Deny along with a Statement of Reasons. You will then have a brief window in which you can respond to the stated reasons.
Small mistakes or omissions in your SF86 can delay your application or even trigger a denial. Similarly, not understanding exactly what is needed in a response to a Statement of Reasons can lead to denial, even if you might have had sufficient evidence of mitigation to turn things around. Your FBI security clearance lawyer can also prepare you for interviews and polygraphs and otherwise help you avoid missteps.
At every stage of the process, an experienced attorney can help improve your chances of approval.
Experience is critical, as the security clearance and appeal processes are different from other areas of law. Look for an attorney who has concentrated specific experience with security clearance matters. Attorney Alan Edmunds has been handling security clearance matters for nearly 50 years and has a track record of success. Take a look at what his clients have to say about their experience with The Edmunds Law Firm.
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