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.
Full Answer
a record of arrests or financial issues and are in the process of being scheduled for an investigative interview. In such a situation, it is important to go over the areas of concern with a client that are likely to come up in the interview with a security clearance attorney. There are often ways of responding during an interview that can clear up any misperceptions by the investigator or perhaps mitigate these concerns in advance. Again, it is extremely important to be honest and accurate during the clearance interview process and sometimes to even disclose concerns before the interview begins in certain cases. An experienced security clearance lawyer can help advise an individual about these issues and disclosures before they are interviewed. We often review such concerns with clients in advance of security clearance interviews and help them in explaining the security concerns, in advance, so that all goes as smoothly as possible during the interview or re-interview process.
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).
Again, it is extremely important to be honest and accurate during the clearance interview process and sometimes to even disclose concerns before the interview begins in certain cases. An experienced security clearance lawyer can help advise an individual about these issues and disclosures before they are interviewed.
While it is very important to provide a detailed written response to security clearance issues, it is even more important to present a thorough oral presentation where the opportunity to do so arises. We almost always recommend that an individual elect a hearing or personal appearance in security clearance cases.
It is not often the case that disclosures about criminal activity becomes the basis for a criminal prosecution , but sometimes these questions need to be asked before completing a clearance submission.
Some scenarios are very clear that a lawyer is needed, but sometimes, clearance applicants think they can go at the process alone.
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.
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.
While the investigation resulting in the initial issuance of a security clearance is exhaustive, it does not guarantee that an individual issued a security clearance will be eligible to possess that clearance indefinitely.
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, ...
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 individualâs job.
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 âStatement of Reasonsâ, also referred to as a SOR.
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.
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.
A security clearance attorney will assist you by providing a long list of mitigation that can be included along with the legal brief they are drafting. A good response is necessary if you hope to mitigate the Governmentâs concerns without the need for a hearing.
You are free to represent yourself. A defendant in criminal court is not required to hire an attorney, but the chances of an acquittal are much greater with an experienced criminal defense attorney. A security clearance adjudication is no different. Just as you wouldnât hire a tax attorney to represent you in a criminal court, ...
In general, an attorney is trained to read and write in a more analytical manner and has a great deal of experience interpreting the questions on the different security clearance application forms. An attorney is also trained in persuasive writing and can present the facts in the light most favorable to you.
The first response leads the investigator to believe that you might have a problem and that there might be concerns regarding alcohol and criminal behavior. You would likely receive a Statement of Reasons, which would cost you time and money.
A security clearance attorney will assist you by providing a long list of mitigation that can be included along with the legal brief they are drafting. A good response is necessary if you hope to mitigate the Governmentâs concerns without the need for a hearing.
You are free to represent yourself. A defendant in criminal court is not required to hire an attorney, but the chances of an acquittal are much greater with an experienced criminal defense attorney. A security clearance adjudication is no different. Just as you wouldnât hire a tax attorney to represent you in a criminal court, ...
In general, an attorney is trained to read and write in a more analytical manner and has a great deal of experience interpreting the questions on the different security clearance application forms. An attorney is also trained in persuasive writing and can present the facts in the light most favorable to you.
The first response leads the investigator to believe that you might have a problem and that there might be concerns regarding alcohol and criminal behavior. You would likely receive a Statement of Reasons, which would cost you time and money.