when to hire a lawyer for security clearance

by Miss Cordie Shanahan PhD Published 2 years ago Updated 1 year ago 8 min read

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 are the levels of secret clearance?

There are three levels of security clearance: confidential, secret, and top secret. Who decides the level of clearance?

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 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 percentage of security clearances are denied?

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%.Nov 9, 2020

What Can a Security Clearance Lawyer Do for Me?

You might still be at the stage where you’re wondering what a security clearance lawyer could do for you. There are a number of services you may need as a federal government employee, job applicant, or government contractor relevant to getting and keeping a security clearance.

Remember: Contact Us As Soon As Possible!

At Claery & Hammond, LLP, we know that the best time to consult an attorney with a concern about your security clearance is always as soon as possible. You have a lot to lose, so waiting for a relatively minor problem to go unaddressed is usually never worth the cost.

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.

Probability of SUCCESS

I reviewed 500 cases decided by Administrative Judges (AJs) at the Defense Office of Hearings and Appeals ( DOHA) between March and October 2012.

Other Factors

It’s possible that applicants who seek the assistance of an attorney are predominately those with the poorest likelihood of success.

Cost of Security Clearance Attorney Versus CONSEQUENCES

The cost of an attorney who prepares your SOR response and who represents you at a hearing should range from about $3,000 to $7,000 (plus expenses), depending on the complexity of your case.

DOHA Adversarial Process

For defense contractor personnel the clearance hearing is an adversarial process. Your adversary will be a DOHA “Department Counsel” ( DC ), an experienced attorney who specializes in representing the Government at clearance hearings.

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.

Selecting an Security clearance Attorney

There are very few attorneys experienced in security clearance cases, but you don’t have to find an attorney who has an office near you. Your communication with an attorney can be handled largely by telephone and email.

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.

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.