Each agency has established its own unique adjudication process. Some agencies such as the FBI, CIA, and NSA investigate a candidate’s background using their own personnel. Other agencies such as the DoD, NASA , and Departments of Commerce and Agriculture rely on the Office of Personnel Management to investigate a candidate’s background.
If the agency grants the individual a security clearance, the agency will invite the individual to a security briefing. In the agency’s security briefing, the agency’s security officer will review the protocols that each grantee must follow to safeguard classified information, the scope of the information to which the grantee may have access, and the circumstances under which the grantee may view classified information.
The purpose of a security clearance review is to ascertain whether a government agency or department deems a candidate is able and willing to safeguard information relating to national security. Agencies inquire into a candidate’s perceived loyalty, reliability, and trustworthiness by reviewing the candidate’s history, relationships, and overall character.
Security Clearances are often delayed, denied, suspended, or revoked when information in an individual’s application or otherwise uncovered during the investigation calls into question one or more suitability factors.
Personal Conduct: Conduct involving questionable judgment, lack of candor, dishonesty, or unwillingness to comply with rules and regulations can raise questions about an individual’s reliability, trustworthiness and ability to protect classified information. Of special interest is any failure to provide truthful and candid answers during the security clearance process or any other failure to cooperate with the security clearance process.
There are four levels of security clearance that a federal employee or private contractor can obtain: confidential, secret, top secret, and top secret/SCI.
A successful appeal of the decision to deny, suspend or revoke a clearance may result in a reversal of the decision and the granting or restoration of the clearance. Saving your clearance may save your career.
The guidelines listed here have been implemented for everyone who requires access to classified information. Thirteen areas of a person’s life are carefully considered when someone applies for a security clearance or seeks continuing eligibility to hold a security clearance. Those thirteen considerations (“A” through “M”) are:
Generally speaking, as long as the person holding a security clearance remains employed by a cleared contractor or a government agency, and as long as the individual is reasonably expected to need continuing access to classified material, their personnel security clearance will remain in effect, provided the individual remains in compliance with the periodic reinvestigation requirements which typically occurs every five years..
The standard of evidence needed to deny a security clearance is much lower than the standard in criminal prosecution and even lower than the standard in a civil case. Even when someone is granted a security clearance, there’s no guarantee that the person can hold it indefinitely.
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.
The answer is that there are many ways that an experienced lawyer in security clearance law can help when there are security concerns . A lawyer experienced in the security clearance process can advise an individual before a security clearance problem develops. We have found that most individuals have a good sense as to whether or not they may have a security concern (e.g. a recent arrest, drug use, financial issues) as they apply for positions or when they fill out security clearance forms like the e-QIP, SF-86 and/or different various of the SF-85. Sometimes individuals don’t weigh (or really plan out) how much a potential security issue can affect their ability to obtain a clearance. Having a security clearance lawyer advise a person about the process can be invaluable.
In this type of situation, we sometimes advise individuals to wait a year or a few months before applying for or taking a position that requires a security clearance. It is also not uncommon that we anticipate a serious issue with someone obtaining a security clearance, i.e. recent criminal charges, which helps them avoid the embarrassment of applying for a position that they may get only to be removed later when their clearance is not approved. A security clearance lawyer can also help to put an applicant’s mind at ease if the risk they are concerned about is not as significant as it seems.
Some federal agencies conduct formal hearings with an administrative judge (Department of Defense, Department of Energy) and other agencies have appeals panels (National Security Agency, Central Intelligence Agency) staffed by agency employees which hear each case.
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.
It is also not uncommon that we anticipate a serious issue with someone obtaining a security clearance, i.e. recent criminal charges, which helps them avoid the embarrassment of applying for a position that they may get only to be removed later when their clearance is not approved.
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.
Specialized experience for this position is defined as experience: (a) performing professional work as a licensed attorney in trial litigation; (b) representing…
To meet those standards, all selected applicants must undergo and successfully complete a background investigation for TS/SCI clearance as a condition of…
Must be able to obtain a Top Secret Sensitive Compartmented Information (SCI) clearance.
The attorney must maintain such bar membership in at least one jurisdiction during the entire course of employment with the Air Force.
Top secret security clearance or the ability to obtain such clearance.
All DISL candidates must be U.S. citizens able to obtain a Top Secret clearance and are subject to a thorough background inquiry.
Government grants secret clearance, also called security clearance, to people who prove themselves trustworthy enough to have access to classified information. The government further divides secret clearance into different levels based on the sensitivity of the information involved in the job.
While employed as a contractor for a government agency dealing with classified information, your secret clearance will remain in effect indefinitely.
Other reevaluations may occur at more random intervals to make sure secret clearance employees aren’t engaging in illegal conduct.
Top secret clearance is the highest level, and grants cleared employees with the highest level of access. Confidential clearance is the lowest level, granting cleared employees the lowest level of access. Finally, secret clearance is in the middle.
Not necessarily. Although some private-sector jobs involve sensitive or confidential information, government security clearance only applies to positions working for the federal government.
While your secret clearance is in current status, you can reactivate it without going through the entire approval process. If you have any other clearances on top of your secret clearance, those may need to be re-obtained after a certain period of time. Generally, however, you can reactivate your secret clearance within two years.
An attorney experienced in reviewing records and preparing written appeals will be able to assist in proving that you are not a security threat and should be granted the 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.
A security clearance can be taken away at anytime due to numerous factors that call into question your ability to work in a sensitive position. Examples include defaulting on your mortgage payments, accruing debt beyond your means or providing a false answer on your SF-86.
A decision on your access to a security clearance should be issued within six months following your initial application.
Once notified of the government’s intention to deny your clearance, you must provide a response within a timetable as short as 45 days. When filing or responding to an appeal, you must submit a thorough brief that emphasizes the mitigating factors contained in the record and cites relevant legal precedents.
Extensive application process and background check known as a Single Scope Background Investigation (SSBI). Investigators scrutinize dependents, friends, relatives and any foreign travel or employment. Foreign travel and financial assets investigated deeply. Character references required.
The majority of security clearance adjudications are unreported, meaning they are not available publicly. But the Department of Defense (Industrial contractors) and the Department of Energy do maintain data bases of decisions adjudication through their personnel security programs.