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Formal Hearing Help

Formal Hearing Help 2017-06-26T16:39:04+00:00

Formal Hearing Help

Nationally-Ranked Security Clearance Attorneys with a Winning Track Record

The Edmunds Law Firm has excelled over the years in helping people obtain national security clearances and in overturning denials of security clearance applications. The firm has been in business for more than 40 years, and security clearance issues constitute a major part of our business. We can assist you and represent you in a formal hearing.

Government Leans Towards Denial

When someone applies for a national security clearance, the decision to approve the application or to 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 that 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. This means that if there is a question, the government will fault toward denial.

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 lawyer 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 representation 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 amount of time in which to appeal a negative decision. However, in considering the appeal, the court will only base its decision on the written record that is presented at the hearing. This is why having a skilled, experienced security clearance attorney who has represented many clients in similar previous cases is so essential.

Contact The Edmunds Law Firm for a Consultation

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 40 years ago and has established a solid reputation for success.

To improve your chances of having your security clearance approved, contact The Edmunds Law Firm at (800) 481-2526.