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
How long does it take to get approved for a security clearance?
Because of the high demand for the clearance system, the process is taking anywhere from four to five months. Top Secret clearance processing times are sitting around 159 days, on average. To gain Secret clearance, the process is taking around 132 days. These processing times are for industry applicants.Nov 2, 2021
Who decides who gets security clearance?
The investigator may conduct a face-to-face interview with the candidate as part of the process. After the investigation is complete, DSS adjudicates and determines the candidate's national security eligibility according to the Security Executive Agent Directive (SEAD) 4: National Security Adjudicative Guidelines.Jun 30, 2021
What is the easiest way to get a security clearance?
3 Ways to OBTAIN a SECURITY CLEARANCE
- Change 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.
Jul 8, 2021
What do security clearance Investigators look at?
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.
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.
Is it hard to get a security 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 are the 5 levels of security clearance?
Hierarchy
- Controlled Unclassified. Controlled Unclassified does not represent a clearance designation, but rather a clearance level at which information distribution is controlled. ...
- Public Trust Position. ...
- Confidential. ...
- Secret. ...
- Top Secret. ...
- Compartmented.
What is involved with a secret security 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.
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's top secret clearance?
The more in-depth investigation required for a Top Secret clearance position is simply to verify the accuracy of the information reported on the SF-86 form. If no issues of reliability, trustworthiness or integrity are found in the investigation, a Top Secret clearance will be granted.Sep 17, 2020
What makes a good investigation take?
There are certain personal traits that tend to be found in good investigators. Among these traits are: Being passionate about following the facts to discover the truth, with a goal of contributing to the process of justice. Being detail-oriented and observant of the facts and the timelines of events.
What happens if you lie on sf86?
If you lie on the SF-86, you could face fines and/or up to five years in prison. Even if you omit information, that information could be discovered and would be perceived the same as lying.Feb 3, 2020
What is a T3 investigation?
T3 is the investigation required for positions designated as non-critical sensitive and/or requiring eligibility for "L" access or access to Confidential or Secret information. T3R is the reinvestigation product required for the same positions. The Standard Form (SF) 86 is used to conduct these investigations.
What is the importance of a security clearance attorney?
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.
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).
Is it important to be honest during a security clearance interview?
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.
Is it important to provide a detailed written response to security clearance issues?
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.
Is it important to discuss potential criminal disclosures in advance?
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.
Not Always Wise to Go it Alone without a Lawyer
Some scenarios are very clear that a lawyer is needed, but sometimes, clearance applicants think they can go at the process alone.
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.
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.
Can you have a security clearance indefinitely?
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.
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, ...
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.
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.
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 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 a security clearance attorney?
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 Government’s concerns without the need for a hearing.
Do you have to hire an attorney to represent yourself in criminal court?
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 wouldn’t hire a tax attorney to represent you in a criminal court, ...
What is an attorney?
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.
What is the first response to a criminal investigation?
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.
What is a security clearance attorney?
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 Government’s concerns without the need for a hearing.
Do you have to hire an attorney to represent yourself in criminal court?
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 wouldn’t hire a tax attorney to represent you in a criminal court, ...
What is an attorney?
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.
What is the first response to a criminal investigation?
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.
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