how to know when to hire a lawyer for a security clearance

An individual will definitely need a security clearance attorney if they receive a denial or proposed denial of their security clearance. Each federal agency is different and there are different security clearance processes for each federal agency. This causes some confusion with clients.

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Where can I get a lawyer for security clearance?

Security Clearance Lawyer – Nationwide Representation. The National Security Law Firm provides nationwide representation to individuals who have been denied or revoked a security clearance. The security clearance lawyers at The National Security Law Firm regularly assist individuals in all stages of the security clearance process.

Why hire the national security law firm?

The National Security Law Firm provides nationwide representation to individuals who have been denied or revoked a security clearance. The security clearance lawyers at The National Security Law Firm regularly assist individuals in all stages of the security clearance process.

How can a security clearance attorney help with witness questions?

When the matter involves more complex issues, a proficient security clearance attorney will question witnesses on your behalf. If you need proficient legal support in navigating these issues, consider contacting the National Security Law Firm for assistance. A free consultation can be made available to you today.

Is there a free consultation for a security clearance?

A free consultation can be made available to you today. National Security Law Firm provides nationwide representation to individuals who have been denied or revoked a security clearance. The security clearance lawyers at The National Security Law Firm regularly assist individuals in all stages of the security clearance process.

How long does it take to get a copy of my security clearance?

How long after a DOHA clearance is denied can you reapply?

What is a DOHA clearance hearing?

What does an attorney do to prepare for a hearing?

What is the burden of presenting substantial evidence in a SOR?

Can an employer sponsor a person who has a clearance denied?

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How long does it take to get approved for a security clearance?

In general, expect a CONFIDENTIAL or SECRET clearance to take between 1 and 3 months. A TOP SECRET will probably take between 4 and 8 months. However, some individuals have been waiting for the results of their TOP SECRET investigation for more than one year.

How much does it cost to sponsor someone for a security clearance?

The average cost to process a TOP SECRET clearance is between $3,000 and about $15,000, depending upon individual factors. The government pays the cost of clearances for military personnel and civilian government employees.

What percentage of people get denied security clearance?

But don't lose heart – 20-30% of all interim security clearances are denied, but that is vastly different than the figure of final clearance denials, which hovers around 1%.

What is the easiest way to get a security clearance?

3 Ways to OBTAIN a SECURITY CLEARANCEChange your job search queries when seeking employment online. There are companies out there that have the project timelines to sponsor your clearance. ... Target positions with lower clearance levels. ... Network until it hurts.

What disqualifies you from secret clearance?

These conditions may disqualify you from access to classified information: Drug abuse. Illegal drug possession. Diagnosis of drug abuse or dependence by a medical professional.

What are the 5 levels of security clearance?

Contents3.2.1 Controlled Unclassified.3.2.2 Public Trust Position.3.2.3 Confidential.3.2.4 Secret.3.2.5 Top Secret.3.2.6 Compartmented.

What happens if you get denied a security clearance?

If you feel you have been unjustly denied security clearance, for any reason, you can appeal for a reversal of the decision. The federal government can take up to six months to approve your application for security clearance.

How hard is it to get secret clearance?

The National Security Agency denied the most applicants–9.2 percent. The National Reconnaissance Office and the Central Intelligence Agency had the next greatest number of denials, at 7.4 percent and 6.5 percent, respectively. These numbers might seem relatively low, but there's a reason for that.

What gets checked in a security clearance?

Credit and criminal history checks will be conducted on all applicants. For a Top Secret security clearance, the background investigation includes additional record checks which can verify citizenship for the applicant and family members, verification of birth, education, employment history, and military history.

How long does it take to get a security clearance 2021?

A basic Baseline Personnel Security Standard (BPSS) check can take around 7 - 10 days. Whilst a more high-level Developed Vetting check can take up to 9 months to complete.

What is the highest level of security clearance?

top secretWhat is the highest security clearance you can get? The federal government provides three levels of clearance: confidential, secret, and top secret. Top secret clearance is the highest security clearance level anyone can get. A candidate's responsibilities determine the level of clearance granted.

What is a Tier 4 background investigation?

Tiers Three and Four – Secret Security Clearance & High Risk Public Trust. This clearance tier means that you are allowed access to information or material that could cause grave danger to the security of the United States if it were disclosed.

How long does it take to get a copy of my security clearance?

If you expect it will take more than a few days to select an attorney, submit a Privacy Act request for a copy of your security clearance investigation and any other Government documents you may need.

How long after a DOHA clearance is denied can you reapply?

One year after being denied a clearance you can reapply, but you have to get the approval of the Director of DOHA before your clearance application will be processed. To get this approval you’ll have to submit persuasive evidence that your situation has improved substantially since your clearance was denied.

What is a DOHA clearance hearing?

Your adversary will be a DOHA “Department Counsel” ( DC ), an experienced attorney who specializes in representing the Government at clearance hearings. The standard of evidence required to deny a clearance is much lower than the standard of evidence in a criminal prosecution and slightly lower than the standard in a civil lawsuit. The DC only needs to present “substantial evidence” to support the allegations in the SOR. Once substantial evidence is presented, the burden falls to the applicant to present evidence that refutes or mitigates the evidence presented by the DC. Although the Federal Rules of Evidence are only supposed to be used as a guide and AJs have broad discretion to rule on the admissibility of evidence; AJs tend to adhere to the rules in most situations. Knowledge of the rules and procedures could be critical to your success at the hearing, as well as any subsequent appeal.

What does an attorney do to prepare for a hearing?

Often much of the work an attorney does to prepare your case for a hearing is the same work he or she would have done to answer the SOR for you. Plus the attorney will have to spend additional time trying to fix mistakes you made in your SOR response—mistakes that can be used against you at the hearing.

What is the burden of presenting substantial evidence in a SOR?

Once substantial evidence is presented, the burden falls to the applicant to present evidence that refutes or mitigates the evidence presented by the DC.

Can an employer sponsor a person who has a clearance denied?

More importantly, you will have to find an employer willing to sponsor you for the clearance. Most prospective employers will be very reluctant to sponsor someone who previously had a clearance denied or revoked.

How long does it take to get a security clearance?

Federal government agencies can take as much as six months to approve a security clearance application. When a clearance denial has been received, the applicant will be issued a notice called a “Statement of Reasons”, also referred to as a SOR.

Why is it important to retain a security clearance?

It is therefore essential to retain the proper clearance in order to continue working in a sensitive position as the revocation of a security clearance will often lead to the loss of the individual’s job.

What does a skilled attorney do?

A skilled attorney will ensure that the written response to the applicable government agency has been adequately researched, is clearly stated, and is fully inclusive in mitigating the concerns of the agency, which will result in a security clearance approval.

What is security clearance investigation?

Security clearance investigations are extensive. Individuals applying for clearances should expect to have their personal lives, including their financial and criminal histories, reviewed. In doing so, the government is trying to obtain a clear picture of the individual’s character and security risk.

What is national security law?

The National Security Law Firm provides nationwide representation to those who have been denied a security clearance or their clearance has been revoked. The experienced law firm has successfully assisted numerous government contractors, military personnel, and federal government employees in every stage of the security clearance process by providing effective legal representation.

Can you appeal a security clearance decision?

Whether the application is for a government contractor or a federal employee, if the security clearance has been denied, it is important to know that there are a number of recourses available. When it is believed that the application denial has been made unjustly, it is always possible to appeal the decision.

Can a security clearance be granted if mitigating factors are met?

At this point, the clearance adjudicator may grant the security clearance if sufficient mitigating factors have been met. On the contrary, it may be necessary to move the process to the formal appeal stage.

Why do I need a security clearance?

The need for a security clearance is dictated by a necessity to handle sensitive or classified information rather than a specific job description. Regardless of the job description, employment within certain government agencies is more likely to require a security clearance. Employment within a government-secured facility also requires ...

How often do you need to reinvestigate a secret clearance?

It must be reinvestigated every 10 years. A secret clearance requires a NACLC and a Credit investigation; it must also be re-investigated every 10 years.

How often does a top secret clearance get reinvested?

In most instances, an individual with Top Secret clearance undergoes a reinvestigation every five years. Having obtained a certain level of security clearance does not mean that the clearance holder automatically has access to or is given access to information cleared for that clearance level.

How long does it take to get a background check?

This process can take several months or up to a year depending on the backlog, need for more information, depth of the investigation process and other factors.

What is a TS clearance?

A TS clearance is often given as the result of a Single Scope Background Investigation, (SSBI). TS clearances, in general, afford one access to data that affects national security, counterterrorism/counterintelligence, or other highly sensitive data.

How many tiers of investigation are there?

There are five tiers of investigation standards that apply to applications for security clearances. The specific tier of investigation that is appropriate for a given candidate is determined by the classification and the risk associated with the information that the applicant will need to handle.

When did security clearance start?

The origins of security clearances can be traced back to the Pendleton Act of 1883 which required applicants for federal employment to possess the requisite character, reputation, trustworthiness, and fitness for employment.

Why is my security clearance denied?

Top reasons security clearances get denied or revoked. There are many reasons security clearances get denied or revoked. However, personal conduct, drug involvement, and security violations are three reasons that we frequently encounter in our work. For each of these reasons, the federal regulations identify factors that will normally result in ...

What does refusing to cooperate with security processing requirements mean?

Refusal to cooperate with security processing requirements was based on advice from legal counsel or other officials and, upon learning that your cooperation was required, you provided full and truthful information. You no longer associate with persons involved in criminal activities.

What is a refusal to undergo or cooperate with required security processing?

Refusal to undergo or cooperate with required security processing, including medical and psychological testing. Refusal to complete required security forms and releases, or to provide full and truthful answers to investigators, security officials, and other representatives in connection with a personnel security or trustworthiness determination.

What are the conditions of personal conduct?

However, the following conditions may mitigate or reduce concerns about your personal conduct: Negative information was unsubstantiated or not pertinent to judgment, trustworthiness, or reliability. Falsification of information was an isolated incident and not recent.

What are mitigation security violations?

Mitigating security violations. These conditions may mitigate concerns based on security violations: Violations were inadvertent, isolated, or infrequent. Violations were due to improper or inadequate training. You have demonstrated a positive attitude towards the discharge of security responsibilities.

Can the government deny your security clearance?

The government may deny, suspend, or revoke your security clearance based on improper or illegal involvement with drugs. Disqualifying drug involvement may involve use of drugs like marijuana that are legal under state law but illegal under federal law.

When applying for a job that requires security clearance, should you tell your associates and references?

In other words, when applying for a job that requires security clearance, it’s best to only tell your associates and references—and even then, it’s smart to keep specific job details to yourself and the conversation short. Anything more could put you in hot water with a potential employer.

Is it easy to know who to share with?

It’s still not always easy to know who to share with —because advertising widely you’re privy to sensitive classified information can make you a target for counterintelligence officers —but at least it provides some guidelines.

Can you tell someone about security clearance?

But when you’re applying for a job that requires security clearance, it’s not always abundantly clear if you can tell just about anyone— or anyone at all.

Is discretion the best policy?

Without a clear policy in place to tell you who you should and shouldn’t tell, McCullough says discretion is always the best and safest policy. “The applicant should use their best judgment in this regard,” he says. “Not everyone is found eligible for access,” and telling the wrong people the wrong information could hurt your chances ...

How long does it take to get a copy of my security clearance?

If you expect it will take more than a few days to select an attorney, submit a Privacy Act request for a copy of your security clearance investigation and any other Government documents you may need.

How long after a DOHA clearance is denied can you reapply?

One year after being denied a clearance you can reapply, but you have to get the approval of the Director of DOHA before your clearance application will be processed. To get this approval you’ll have to submit persuasive evidence that your situation has improved substantially since your clearance was denied.

What is a DOHA clearance hearing?

Your adversary will be a DOHA “Department Counsel” ( DC ), an experienced attorney who specializes in representing the Government at clearance hearings. The standard of evidence required to deny a clearance is much lower than the standard of evidence in a criminal prosecution and slightly lower than the standard in a civil lawsuit. The DC only needs to present “substantial evidence” to support the allegations in the SOR. Once substantial evidence is presented, the burden falls to the applicant to present evidence that refutes or mitigates the evidence presented by the DC. Although the Federal Rules of Evidence are only supposed to be used as a guide and AJs have broad discretion to rule on the admissibility of evidence; AJs tend to adhere to the rules in most situations. Knowledge of the rules and procedures could be critical to your success at the hearing, as well as any subsequent appeal.

What does an attorney do to prepare for a hearing?

Often much of the work an attorney does to prepare your case for a hearing is the same work he or she would have done to answer the SOR for you. Plus the attorney will have to spend additional time trying to fix mistakes you made in your SOR response—mistakes that can be used against you at the hearing.

What is the burden of presenting substantial evidence in a SOR?

Once substantial evidence is presented, the burden falls to the applicant to present evidence that refutes or mitigates the evidence presented by the DC.

Can an employer sponsor a person who has a clearance denied?

More importantly, you will have to find an employer willing to sponsor you for the clearance. Most prospective employers will be very reluctant to sponsor someone who previously had a clearance denied or revoked.