Security Clearance Law

Applicants for national security clearance face a daunting process. This is because of the complexities of the process and because of the seemingly limitless requirements and investigations needed to achieve security clearance status.

A person needs a security clearance if his or her prospective job:

• A person needs a security clearance if his or her prospective job:
• Requires contact with classified information

You may be required to have a security clearance if you work for:

• The military, uniformed or civilian
• The federal government
• A private consulting company that works on federal contracts

In order to apply for security clearance you must have a job that requires this clearance or be hired for a job on the condition that you will obtain clearance. The application process must be started by your employer. People cannot apply on their own or before they are hired for a certain position.

The process begins with completing Standard Form (SF) 86, being fingerprinted and signing a form that says you allow investigators to review your personal records. Questions on SF 86 concern:

• Citizenship
• Places of residence, both past and present
• Family
• Education
• Employment history
• Medical history
• Military service
• Criminal record
• Financial status
• Drug and alcohol use

Investigators will conduct an in-depth evaluation of your background and character. They will get in touch with people who know you, inspect your credit records, do a criminal background check and confirm that the information you submitted on the form is honest and thorough.

Investigators also may contact people you have not listed on your form, including friends and family members who may live outside the United States.

The determination of your acceptance favors the government, meaning that if there is any doubt about the veracity of your information, your character or your suitability to be qualified for a national security clearance position, your application will probably be denied.

All government security agencies use similar guidelines, called adjudicative guidelines, to determine your worthiness for clearance. Adjudication officers look at parts of your record that indicate your:

• Allegiance to the United States
• Foreign influence
• Sexual behavior and other personal conduct
• Financial situation
• Mental health
• Criminal conduct
• Security violations
• Outside activities
• Misuse of technology systems

Some behaviors will make you more likely to be rejected. These include reasons to believe you might be:

• Unreliable
• Dishonest
• Liable to be blackmailed or pressured
• Unlikely to follow rules and regulations
• Lacking in commitment to national security

Despite the rigor of the qualification process, there is room for you to have made mistakes in your past. The process aims to view applicants as whole individuals and will take into account detrimental information if you have shown to have rectified your situation. If you had mental health or drug issues, did you seek counseling or enter rehabilitation programs? Consideration is given to the nature of your transgression or problem, how recent it is, how serious it is, and the likelihood that it might happen again.

You will be interviewed during the application process and also have the right to appeal a decision if your application is denied.

People who already have security clearances are reinvestigated every five, 10 or 15 years, depending upon the job.

It is in your best interest to have legal representation as you go through the compelx security clearance process, additional investigations and appeals. Lawyers at the Edmunds Law Firm specialize in helping applicants through the process, backed by 30 years of experience. They can help you whether you are applying for the first time or filing an appeal. To reach a security clearance attorney at the Edmunds Law Firm, contact us today!