National security clearance issues can have a significant impact on your career. Most obviously, the ability to obtain national security clearance can determine whether or not you’re eligible for a job–and not just any specialized job with the federal government. You’ll need national security clearance if you’re working for a company that contracts with the federal government, if you’re performing administrative tasks in an agency that deals with classified information, or even if you’re cleaning certain areas of federal facilities.
Loss of security clearance can mean demotion or termination. But the impact can reach far beyond your current position. Loss of security clearance may make you ineligible for many other roles. Depending on your profession, this could severely limit your job opportunities. And, since loss of security clearance creates a negative impression, it could even impact your job opportunities where government security clearance is not required.
In short, if you’re seeking national security clearance or have security clearance and are at risk of losing it, you will want to do everything you can to improve your chances of obtaining or retaining clearance. The first step is finding the right national security law firm.
How a Security Clearance Lawyer Can Help
At The Edmunds Law Firm, we help people with all phases of the government security clearance process. On this page, we’ll highlight some of the core ways we assist people seeking national security clearance or fighting revocation. If you don’t see your issue listed here, don’t worry. Attorney Alan Edmunds has been helping people pursue security clearance for 50 years and has in-depth knowledge of all aspects of the process.
Who Should Hire a National Security Law Firm for Government Security Clearance Issues?
Ideally, anyone pursuing a security clearance or who believes their existing clearance may be at risk should consult a security clearance lawyer. The outcome of a security clearance application or review can have a lasting impact on your career and professional reputation, and the best time to address any red flags is always as early as possible.
In particular, you should hire an attorney experienced with national security clearance requirements and procedures if:
- You know that there are issues in your past or present that could raise red flags
- You run into questions on the SF86 that you are unsure how to respond to, or that you believe may require explanation
- You have submitted your SF86 and have been asked for clarification or additional information
- You realize after submission that you made a mistake on your SF86 or left something out
- You have been denied security clearance in the past
- You are reapplying for security clearance after your clearance was revoked
- You have received a Statement of Reasons that your security clearance application may be denied
- You have received a Letter of Denial in connection with your security clearance application
- You have security clearance and have received a notice of intent to revoke
- You have security clearance and have reason to believe it may be at risk, even if you haven’t received a notice and SOR
When in doubt, it’s best to seek advice from a National Security Clearance Lawyer with deep knowledge of the national security clearance process and requirements. The Edmunds Law Firm offers free consultations to help security clearance applicants and those whose clearance may be at risk make informed decisions about how to move forward. We will always give you an honest assessment of your situation, and we will never try to sell you more services than you need.
You can schedule your consultation right now by calling 800-481-2526 or filling out our contact form.
How Do You Get a Security Clearance? Steps to Apply for National Security Clearance
The process is kicked off by the government agency or contractor that is considering hiring you. But the ball quickly lands in your court, and then you have a challenging task ahead. The questionnaire you’ll be asked to complete to get the process underway–traditionally called the SF86, though it’s typically completed online now–is more than 100 pages long and very detailed.
Completing the SF-86: Security Clearance Requirements and Common Mistakes
There’s no room for errors or omissions on your SF86. A missing piece of information, a gap in time, or a simple mistake can cause serious problems. It’s also important that you know what type of information to provide to help mitigate any potential problem areas. An experienced security clearance lawyer can:
- Help you avoid mistakes that could delay or derail the process
- Identify areas where explanation or mitigating information is necessary
- Explain what type of additional information can help overcome red flags and how to present that information
If you’ve already submitted your SF86 and later realized that you left something out or made a mistake, don’t wait for the investigator to notice the problem and follow up with you. You should contact a national security law firm right away for advice on how to address the oversight–especially if you’ve left off or inadvertently misrepresented something negative that the investigator or adjudicator may think you tried to hide. If you want help organizing disclosures and supporting documents, our SF86 prep services can reduce mistakes.
Security Clearance Interviews and Polygraph Help: How to Prepare
The national security clearance process always involves an interview, and very often a polygraph examination. Both can be high-stress events for national security applicants. Knowing what to expect in advance can help you remain calm and be prepared to respond to questions thoroughly. We also provide security clearance investigation preparation so you know what to expect and what to bring.
Response to SOR: How to Answer a Statement of Reasons for Security Clearance
Receiving a notice of intent to deny your security clearance application can be jarring and discouraging. But it’s not too late to get the security clearance process back on track. When you receive that notice, you have no time to waste.
A notice of intent to deny security clearance is accompanied by another document called a Statement of Reasons. The SOR sets forth point by point the red flags and concerns that are pointing toward denial. You have an opportunity to respond to the SOR, but usually have a very limited amount of time to respond–in most cases, just 20 days.
Unfortunately, this opportunity is often lost because most people don’t understand the level of detail required for an effective response to an SOR, nor the type of information the government will be looking for. When our national security law firm prepares a response to a Statement of Reasons, the response often runs to 25 pages or more.
If you’ve received a notice of intent to deny your security clearance, your best next step is to contact an experienced national security lawyer right away. Responding effectively to an SOR is time-consuming, and the clock is ticking. While you’ll still have an opportunity to appeal after you receive a Letter of Denial, the process is more time-consuming at that point, and job opportunities may be lost while you work your way through the more complex appeal process.
Appeal Your Security Clearance Denial: What to Expect
If your security clearance has already been denied, you may still have options. However, the process is more formal and complicated than at the appeal stage. The specific steps you have to take to appeal a security clearance denial will depend in part on which department or agency requested your background investigation. And, you may have to make choices, such as whether to request a hearing. Ideally, you’ll consult an attorney before you make any decisions or take any steps.
One key role an experienced national security law firm can play at this point is to help you assess whether or not it makes sense to appeal a denial. Some reasons for denial fall into gray areas where mitigating information may be sufficient to overcome a denial. Others are more clear-cut, meaning the chances of a successful appeal are lower unless some of the information the government is relying on is inaccurate.
At The Edmunds Law Firm, we will always be transparent about the obstacles you may face. Our frank assessment of your case will help you make an informed decision about whether you want to make the investment in appealing a national security clearance denial.
Why Security Clearances Get Denied: The 13 Adjudicative Guidelines
The first step our national security law firm will take is to thoroughly review your Letter of Denial and any other relevant documents to determine exactly why your security clearance application was denied. This will not only help you decide whether or not to pursue an appeal, but will inform our approach to your appeal.
The national security clearance evaluation focuses on 13 guidelines, each relating to a particular potential risk factor. These are:
- 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
The likelihood of a successful appeal and the type of information required to overcome a denial will depend in part on which area or areas triggered the denial.
Security Clearance Appeals Process: DOHA Hearings vs Written Decisions
When you decide to appeal a security clearance denial, the process can easily become overwhelming. For example, you may have to decide whether to request a written decision from the Personnel Security Appeals Board (PSAB) or request a hearing through the Defense Office of Hearings and Appeals (DOHA).
In most cases, it is to your advantage to request a hearing. However, there are exceptions. And, the hearing process requires an understanding of both the substantive and procedural aspects of the proceeding. Most security clearance applicants do not have the necessary knowledge and experience to successfully manage this process on their own.
Fight a Security Clearance Revocation
Once you’ve successfully made it through the security clearance process, you might like to believe that you’re in the clear moving forward. But that isn’t always true. Security clearance can be revoked for a variety of reasons, including:
- Discovery of misrepresentations or omissions in the initial clearance process
- New security concerns based on your actions or changes in your life
Some examples of reasons your existing security clearance might be jeopardized include:
- Concerns about substance abuse problems or mental health issues
- New or worsening financial instability
- Travel patterns or new relationships with foreign people or entities
- Criminal charges or other evidence that you may have committed a crime
Of course, this isn’t a comprehensive list.
If your access is suspended or you receive notice of intent, you may need to fight a security clearance revocation quickly.
Security Clearance Revocation Process
The security clearance revocation process begins very much like the denial process. You will receive a notice of intent to revoke, along with a Statement of Reasons. As in the denial process, you will have an opportunity to respond to the SOR. The process for responding to an SOR and the level of depth and types of evidence required are the same as in the denial process. So, you should contact a national security law firm right away when you receive the notice.
Depending on the reasons for the potential revocation, your security clearance may be suspended pending resolution. For those already employed in a position that requires security clearance, this can cause significant problems. Though a suspension is a temporary measure and doesn’t indicate anything about the final outcome, you will lose access to classified information during the suspension. That may make it impossible to perform your job duties.
Appeal a Security Clearance Revocation: Strategy and Evidence
A successful response to a Statement of Reasons can terminate the revocation process. However, if your clearance is revoked, the next step is to enter an appeals process similar to the one described above for denials–a complicated, formal process that requires you to make informed decisions about your path, comply with procedural requirements, and present evidence to help overcome that decision.
When to Call a Security Clearance Lawyer: The Earlier, the Better
The earlier you get an experienced security clearance lawyer on your side, the better. At each step, it becomes a bit more difficult to achieve your goal. If you receive a final denial or revocation of security clearance, there will be a waiting period before you can reapply.
Don’t take chances with your livelihood or your professional reputation. Contact us today to learn more about how we can help you navigate the security clearance process, whether you’re just starting out or need to appeal.
