Being granted a security clearance is a sign of trust and demonstrates faith that you are able and willing to safeguard national security information. Federal employees, military members, government contractors, and even some private sector employees are often required to hold security clearances because their job is a sensitive position that requires access to classified documents or secure facilities.

Studies show that maintaining a security clearance can increase your salary anywhere from $5,000 to $15,000. But there’s a reason employees with security clearances are rewarded – they’re not easy to obtain.

The application process includes an extensive and thorough background investigation into your personal life and history, where anything from overseas travel to credit card debt can be called into question. And just because you’ve been granted a clearance doesn’t mean that it cannot be taken away at anytime.

Applying for a security clearance should be taken seriously and conducted with care and strategy. Denial or revocation of a clearance could mean the loss of your job as a whole.

Our experienced team of federal employment and national security law attorneys regularly assist federal employees and government contractors in all stages of the security clearance application process and have helped hundreds of people secure or retain their own clearance at all levels. Many of our attorneys maintain their own security clearances – meaning that they understand the process from their own personal experience.

Our attorneys are available to provide counsel throughout the entire security clearance application, revocation, and appeal process, including:

• Counsel and advice on completing the SF-86 security clearance application and other pre-clearance concerns
• Preparation for interrogatories and investigative interviews
• Preparation of response to the Statement of Reasons
• Requests for hearings
• Representation at post-denial hearings in front of the Defense Office of Hearing and Appeals (DOHA), Department of Defense, FBI, CIA, and all federal courts and government agencies, including document and witness preparation
• Preparation and representation throughout further appeals

If you are about to apply for your own security clearance or have recently had your application denied or clearance revoked, we can provide you with the counsel necessary to obtain and retain not only your clearance - but your job.

Contact us today to speak with an experienced security clearance attorney. We can be reached 24 hours a day, 7 days a week at (202) 787-1900 or via email at info@fedattorney.com

Not all security clearances are equal. The type of clearance you can be granted will depend on your position, the agency or company with which you are employed, and the scope of work involved.

There are three basic types of security clearances:

During the application process, foreign employment, immediate relatives, and marriages and other personal relationships will be screened carefully and with scrutiny.

Military personnel are often required to maintain security clearances at this level. Confidential security clearances are reinvestigated every fifteen years.

Bankruptcy and unpaid bills as well as criminal charges will more than likely disqualify an applicant for approval. Poor financial history is the number-one cause of rejection, and foreign activities and criminal record are also common causes for disqualification. A Secret clearance requires a National Agency Check, a Local Agency Check, and a Credit investigation;

This level is reinvestigated every ten years

The application process and background check involved with obtaining and maintaining a top secret clearance is expansive. Expect investigators to scrutinize your dependents, friends, relatives, and any foreign travel or employment you have held. Foreign travel and your financial assets will be investigated deeply. Character references will also be required.

Sensitive Compartmentalized Information (SCI) and Special Access Program (SAP) classified clearances are only cleared on occasion and the background investigation and application process is extremely extensive and intense. These classifications are only assigned after the applicant has been through a single scope background investigation and a special adjudication process for evaluating the investigation. All individuals who hold an SCI clearance can expect their actions and relationships to be under continual government monitoring.

This level needs to be reinvestigated every five years.

The security clearance review process can take anywhere from six months to one year and can be revoked at any time. Revocation or suspension of a clearance can result in immediate job loss, removal, or demotion.

Reinvestigations are often considered even more important than the original investigation because the longer you have held a security clearance; the more likely it is for you to be working with increasingly critical information.

Our experienced security clearance attorneys have maintained their own security clearances – including some at the SCI level – for years. We know what goes into the process and the value of your own clearance.

If you are about to begin the security clearance application process, are under investigation, or have had your clearance revoked, our attorneys can provide the counsel required to obtain and retain your clearance.

Contact us today to speak with an experienced and knowledgeable security clearance attorney at 202-787-1900 or via email at info@fedattorney.com.

• Personal, marital, and family history
• Criminal history and law enforcement records
• Financial and credit history
• Verification of education
• Past employment
• Military history and service records
• Foreign travel, experience, and contacts
• Drug and alcohol use/abuse
• Computer and internet use/abuse

It is essential that all applicants complete the questionnaire thoroughly and honestly. Once complete, the security clearance questionnaire will be reviewed by agency and government officials for thoroughness and accuracy. Your application will be assigned an investigator who will personally verify the information you provided through a thorough background investigation.

Background Investigation & Formal Interview
This critical step in the process involves an in-person interview between the applicant and the investigator. The interview usually occurs within weeks of date the application is submitted.

Since the purpose of the interview is to determine whether you will be able to deal with having access to classified information without being a security risk, you can expect the questions to be in-depth, personal, and wide-ranging. Expect questions related to your family, spouse or personal relationships, health, financial history, overall health, use of alcohol or drugs, and foreign travel or affairs.

The interview is your opportunity to provide clarification or explanation on questionable actions, occurrences, or events in your past. It is in your best interest to answer all the questions asked with honesty and as thoroughly as possible.

Evaluation Based on Adjudicative Guidelines
Any incidents disclosed in your application or interview that indicate you may be a security risk will be evaluated on a specific set of factors referred to as the adjudicative guidelines.

The adjudicative guidelines are as follows:

• Nature, extent, and seriousness of the conduct
• Circumstances surrounding the conduct, to include knowledgeable participation
• Frequency and recency of the conduct
• Individual's age and maturity at the time of the conduct
• Extent to which participation is voluntary
• Presence or absence of rehabilitation and other permanent behavioral changes
• Motivation for the conduct
• Potential for pressure, coercion, exploitation, or duress
• Likelihood of continuation or recurrence

In the event that your application is denied – either during the initial application or revoked or suspended upon review - you will be issued a notice referred to as a Statement of Reasons that outlines the specific reasons, disqualifiers, or areas of concern that determined the decision.

You will also be issued information regarding your right to appeal and the procedures for doing so. 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.

In addition to the list of conditions used to disqualify applicants, the adjudicative guidelines also include a list of conditions used to alleviate security concerns and, ultimately, grant you access to a clearance. The mitigating factors differ depending upon the reasons for denial or revocation, but can relate to infrequency of the act, the completion of counseling programs related to the disqualifying factor, or length of time lapsed.

Each individual’s situation is unique and requires a thorough review of the circumstances specific to your case. There are a host of mitigating factors that could prove your eligibility for access to classified information and ultimately grant you a security clearance.

Our Experience
If you believe the information gathered about you during the investigation is misleading or inaccurate, the appeal process is your opportunity to correct or clarify the situation and gain access to a security clearance.

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.

The team of security clearance attorneys at Tully Rinckey PLLC is familiar with the application process, adjudicative guidelines, and mitigating factors. Many of our attorneys hold security clearances themselves and know how it feels to go through the investigative process.

Our attorneys have extensive experience in assisting security clearance applicants from the first steps of the process, including the strategic review of applications and preparation for investigative interviews. In the event of a denial or revocation of your clearance, we will fight aggressively to prove your trustworthiness and grant you access to the security clearance you deserve. We frequently represent clients in the appeal process and at hearings in front of DOHA, numerous federal agencies and administrative bodies, and in federal court.

Contact our offices today to speak with an experienced security clearance attorney about your individual situation. Call us 24 hours a day, 7 days a week at 202-787-1900 or via email at info@fedattorney.com.