how to select a security clearance lawyer

by Dr. Melyna Larkin 9 min read

Before Selecting a Security Clearance Attorney 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. Get organized quickly.

Bigley recommends asking the following questions when choosing an attorney:
  1. What experience, if any, do you have as a security clearance investigator, adjudicator or attorney?
  2. Do you practice in other areas of law, or is your entire practice dedicated to security clearance matters?
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Feb 12, 2021

Full Answer

Are there any security clearance lawyers in the US?

Feb 12, 2021 · The discipline of security clearance law is a very technical and niche, so someone who has the actual experience of working for the government first as personnel security investigators, adjudicators, or attorneys will be far more valuable than hiring someone who has read about the processes and knows the law. While many good attorneys are ...

Why choose Edmunds law firm for national security clearance?

Oct 28, 2021 · Security Clearance Law is Niche. Because security clearance law is technical and niche, you do not want someone who is a jack of all trades type of lawyer. Now is not the time to get some help from your lawyer friend. This is the time to find someone with actual experience or knowledge of the investigation and adjudication process.

What is a security clearance and who needs one?

Experienced security clearance lawyer Brett O’Brien has served the intelligence community for the past eight years where he participated in the security clearance processes first hand. As part of his government training, he was able to witness how security clearance revocation decisions are made at the various levels.

How do I apply for a security clearance?

The security clearance lawyers at National Security Law Firm will work not only to obtain and/or retain your security clearance, but your job. Contact us today to speak with an experienced security clearance lawyer. Call (202) 600-4996 or complete the confidential contact form today.

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What are the 3 types of security clearance?

There are three levels of security clearance: confidential, secret, and top secret.

What are the 4 levels of security clearance?

There are four main types of security clearances for national security positions. These are confidential, secret, top secret and sensitive compartmented information.

What kind of investigation do I need for secret clearance?

Security Clearance Adjudicative Process The clearance process for Secret level access uses an investigation called the National Agency Check with Law and Credit that goes back five years, while the clearance process for Top Secret uses a Single Scope Background Investigation that goes back ten years.

What is the best way to get a security clearance?

Obtaining a Security ClearanceApplicants must go through the application phase, which involves verification of US citizenship, fingerprinting and completion of the Personnel Security Questionnaire (SF-86).The Defense Security Service conducts thorough background checks.More items...

What is a Tier 5 security clearance?

Tier 5 – Top Secret Security Clearance As the highest level of security clearance, applicants can expect a more rigorous examination. If approved, this clearance gives cleared personnel access to information or material that could cause disastrous damage to national security. Tier 5 is the only tier in this category.Feb 3, 2022

What disqualifies you from a security clearance?

Those include criminal convictions that lead to a prison sentence of a year or longer, receiving a dishonorable discharge, “criminal incompetence,” and drug addiction.

Do security clearances check Internet history?

Although security clearance background checks can be intensely thorough, the government can't view your emails, Internet browsing history, hard drive data, and other virtual assets without a subpoena or warrant.Oct 18, 2021

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.May 21, 2015

What is a Tier 4 investigation?

T4 is the investigation required for positions solely designated as high risk public trust. The T4R is the reinvestigation product required for the same positions. The Standard Form (SF) 8SP is used to conduct these investigations.Sep 26, 2016

How long does a security clearance take?

There are four security clearance levels, as follows: CONFIDENTIAL. SECRET. TOP SECRET....Can the NZSIS check enough of your background?Clearance levelBackground checkingTOP SECRET10 yearsTOP SECRET SPECIAL15 years2 more rows

What is the highest level of security clearance?

Top SecretThere are three levels of security clearance, with the highest level being Top Secret. Secret is the next level of clearance and Confidential is the final.

How long is a secret clearance good for?

10 yearsSecret clearance lasts 10 years. Top Secret clearance must be reinvestigated (reauthorized) every 5 years.Sep 6, 2018

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.

What happens when a security clearance is denied?

When a security clearance has been denied, the National Security Law firm can represent the employee or military member through the appeal process before the DSS, DOHA, or the government agency processing the clearance. Employees and military members seeking national security clearance must take the appeal process extremely seriously, ...

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?

When a petition for national security clearance has been denied, there will always be an opportunity to appeal the decision. Depending on the type of worker or if the applicant is a military service member, a security clearance denial can be formally appealed by requesting a hearing before an administrative judge or an appeals board. Here, the case will be heard and assessed.

What is a disqualifying factor?

The disqualifying factor occurred as a result of circumstances not in the applicant’s control. There are a number of mitigating factors that could increase the applicant’s eligibility for access to classified information and grant him or her national security clearance.

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.

Is it difficult to get a security clearance?

It is no surprise the process for obtaining security clearance with the federal government can be a very daunting and challenging experience. After all, when applying for either confidential, secret, or top secret clearance, the applicant’s personal and professional life will be thoroughly analyzed and interpreted.

Why do you need a security clearance?

Federal employees, military members and government contractors are often required to obtain and hold a security clearance in order to maintain their sensitive position with the government or a secured contractor.

What is team oriented philosophy?

Our team-oriented philosophy encourages open and ongoing communication with every attorney, paralegal, and other support staff working with each client ensures we understand their goals. Our commitment to you means meeting your objectives, working attentively and persistently toward your success, and efficiently adjusting to your changing needs.

What does a security clearance lawyer do?

Regardless of format, a security clearance lawyer will prepare a client for their testimony and will prepare witnesses for their supporting testimony and potential cross-examination or questioning ( where the forum permits in person witnesses).

How long is a written response?

It is not uncommon for such responses to be 10 to 70 pages in length, with exhibits.

What does it mean to have a security clearance?

Being granted a security clearance is a privilege; it shows you can be trusted with sensitive information related to national security. If your job requires access to secure facilities or classified documents, you will probably need some level of security clearance.

How often do you have to reinvestigate a security clearance?

Security clearance holders are also subject to periodic reinvestigations, which occur every five years for top secret or highly sensitive (top secret plus SCI or SAP) clearance holders, ten years for a secret clearance level, and 15 years for holders of a confidential clearance.

What is conflict of interest?

Conflicts of interest – If the government believes you would be put in the position of having to choose between loyalty to the government and some other principle, your clearance may be denied. It is important to be able to explain away apparent conflicts and allay suspicions.

What are some examples of unlawful retaliation?

Examples of unlawful retaliation include revocation of clearance in response to an employee’s lawful disclosure of information to the DNI, other agencies or the Inspector General that the employee reasonably believes shows a violation of law, abuse or waste of funds, or a danger to public health or safety.

Can a security clearance be revoked?

Positions that require security clearance require that it be maintained throughout the course of the employment or contract, yet security clearances can be revoked at any time. The consequence of such a revocation may include termination, removal, demotion or segregation.

Why is security clearance important?

Security clearances are an increasingly important requirement for federal government employees, employees of government contractors, military personnel and even private sector employees. Security clearance guidelines and standards over the past 10 years have changed, and the number of individuals who require access ...

What is the SF 86?

All employees whose positions require access to sensitive information or restricted areas are required to complete an application form known as the Standard Form 86 Questionnaire for National Security Positions (SF-86) or Electronic Questionnaires for Investigations Processing ( e-QIP ). Providing information in the SF-86 or e-QIP is voluntary; however, completing the form truthfully is critical to the process of successfully obtaining a security clearance. Once a security clearance application is completed, it is generally submitted to the Defense Security Service (DSS), the individual federal agency’s security clearance review office, or the Office of Personnel Management (OPM) for a review and determination.

What is public trust?

For instance, included in public trust positions are certain types of federal police officers, comptrollers, and public safety and health workers.

As Seen On

In today’s security climate, obtaining a National Security Clearance is often a challenge. It is the knowledge and skill provided by the firm’s 40 years of experience that allows us to overcome these challenges quickly and effectively.

The DOHA Lawyer

Across the United States Alan Edmunds is known as “the DOHA Lawyer”. Mr. Edmunds travels from offices in North Carolina to San Diego cases representing both military and civilian employees who have been denied a national security clearance.

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