Formal Hearing Help

The Edmunds Law Firm has excelled over the years in helping people get national security clearances and in overturning denials of security clearance applications. The firm has been in business for more than 30 years, and security clearance issues constitute a major part of its business.

Government Leans Towards Denial

When someone applies for a national security clearance, the decision to approve the application or approve the applicant's appeal for the reversal of a negative decision is "government-centric." That is, unlike civil or criminal proceedings, the defendant, or in this situation the applicant, does not have the "presumption of innocence." The burden of proof is not on the government, it is on the applicant.

The applicant must prove he or she is suitable for receiving a national security clearance. By a Supreme Court decision, the determination of whether to confer a security clearance must err on the side of denial in all stages of the decision-making process.

The Formal Hearing

This approach to err on the side of the government versus that of the applicant applies during the formal hearing as it does in other parts of the application process.

An administrative law judge presides over the formal hearing. It is imperative to have the representation of a skilled national security attorney for your formal hearing. The applicant, possibly other witnesses, or your attorney will testify at the hearing. Many documents will be exchanged to prepare for the hearing, and having the expertise of a seasoned national security attorney to prepare these documents is essential.

The judge determines whether to confer national security clearance. The applicant has a limited time in which to appeal a negative decision. However, the court in considering the appeal will only base its decision on the written record presented at the hearing. This is why having a skilled, experienced national security clearance attorney who has represented many clients in similar previous cases is so essential.

Contact The Edmunds Law Firm

The Edmunds Law Firm has been successfully helping applicants gain national security clearance or overturn denials of clearance for years. The firm was established more than 30 years ago and has established a solid reputation for success.

To improve your chances of having your security clearance approved, contact a lawyer from The Edmunds Law Firm today.

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National Security Clearances

Recent Victories

On November 17, 2011, The Edmunds Law Firm received notification of a favorable security clearance determination. The Edmunds Law Firm prepared and submitted a written response to the National Security Agency on behalf of the Applicant. The firm was successful in mitigating the security concerns under Guideline J: Criminal Conduct, Guideline F: Financial Considerations and Guideline E: Personal Conduct, without the need for a hearing. The allegations against the Applicant pertained to $100,000 worth of stolen equipment from his former employer and failing to claim up to $10,000 worth of purchases on his state income taxes. The Edmunds Law Firm submitted a letter of appeal and supporting documentation to prove the Applicant had taken actions to rectify and mitigate those behaviors which resulted in the original denial decision. The firm prevailed and the Applicant was found eligible to maintain his security clearance.

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