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Experienced Security Clearance Attorney in Washington, D.C., Florida, Maryland, New York and Virginia – Security Clearance Attorney Providing Personalized, Professional Legal Services for Government Contractors and Employees

Ever since September 11, 2001, the US Government has more frequently found that it is not able to find it in the national interest to grant a security clearance to government contractors or employees whose applications raise even the slightest question. As a result, the process of obtaining or defending a security clearance has become an area that demands the services of an attorney who has experience with a variety of agencies and circumstances. I highly recommend that individuals or corporations with employees seeking clearances seek my guidance at the application stage. I am happy to review your electronic personnel security questionnaire or SF86 (Standard Form 86 Questionnaire for National Security Positions) to resolve doubts about the proper way to answer questions. When in doubt, always tell the truth!

The personnel security program is charged with the responsibility of assuring that persons assigned to sensitive positions in which they could potentially damage national security by, for example, revealing classified information to someone not cleared to review it, are and remain reliable and trustworthy and there is no reasonable basis for doubting their allegiance to the United States. In order to grant a security clearance, the reviewing official must find that it is clearly consistent with the interests of national security. When there is any doubt, a “Statement of Reasons” is issued and the applicant has certain limited rights to defend his or her clearance before an appropriate agency and to a hearing before either an administrative law judge or agency officials.

It is advisable to contact me as soon as possible after the receipt of a Statement of Reasons (SOR) so that I may advise about the procedure and the appropriate materials and evidence to gather to address the issues raised in the SOR. These issues typically include:

Concerns about allegiance to the United States including foreign-born relatives, friends, colleagues, or business contacts. Ownership of property in a foreign country is sometimes an issue.

Personal conduct that raises security concerns such as sexual activities, friendships with those of foreign nationality, and other conduct raising security concerns.

Psychiatric or psychological conditions that raise potential security issues.

Criminal convictions

Security violations, including misuse of computer systems or other technology security concerns

Alcohol and drug problems

Financial issues such as taxes, debts, and involvement in businesses that raise security concerns

If your clearance is not granted upon application, you should consult an attorney experienced in security clearance matters for guidance on how to:

Respond to the SOR

Obtain an extension of time to respond to the SOR

Assemble evidence and legal arguments in favor of the issuance of the clearance you seek for presentation to the appropriate official

Appear at a personal appearance before an agency official or at an adversary hearing before an administrative law judge where the government will present evidence in opposition to your clearance and you have an opportunity to present evidence, including live testimony, in your favor.

Attendance at a personal appearance and contesting a hearing increases the odds that the reviewing agency will grant the clearance but it is by no means guaranteed. Having experienced counsel will be of valuable assistance to you in what may well be a “bet your career” legal matter.

On January 28, 2008, what was known as the “Smith Amendment” was repealed and replaced by a new law that bars access to Sensitive Compartmented Information (SCI), Special Access Programs (SAP’s), and Atomic Energy Information (restricted data) to individuals who have been convicted of a crime and have been incarcerated for more than one year. These positions require clearance at least at the Top Secret level. As with the Smith Amendment, there is a waiver provision. Contact me for counseling on the advisability of applying for such a waiver.

If issues of concern surface during any phase of security processing, contact an experienced security clearance attorney, Pamela B. Stuart, for a confidential assessment of your individual circumstances.