The standard for granting or restoring a security clearance is that it is “clearly consistent with the national interest” and that standard is very high. The United States Supreme Court held in Department of Navy v. Egan, 484 U.S. 518, 531 (1988), “that security determinations should err, if they must, on the side of denial.” This is why it is important to be prepared and take any concerns regarding your eligibility to obtain or maintain a Security Clearance. Another term usually used instead of Security Clearance is Access Authorizaton.
Attorney Daniel L. Ellis has practiced in the area of security clearance law since 2009. Clearances, whether they are Q Clearance, L Clearance, Secret, Top Secret, Sensitive Compartmented Information, Human Reliability Program (H.R.P.), HSPD-12-PIV Credentials, or even a public trust they are a privilege not a right. They are subject to denial, suspension, revocation, and reinstatement. Fortunately, there are due process protections and procedures that can help individuals protect their access authorizations and by extension usually their careers. Working with an Attorney who has experience in hearings and appeals, has a knowledge of the continually evolving caselaw and regulations, as well as the Adjudicative Guidelines can help provide initial applicants and current clearance holders clarity.
Whether you work for the United States Government directly or for a contractor or subcontractor if an access authorization is essential to your employment, then whether you are filling out your first eQIP/ SF-86 or facing a notification letter and trying to figure out how to resolve security concerns a consultation with an experienced security clearance lawyer can increase your chances of success. Importantly consulting with a lawyer help you understand how the administrative review process and the adjudicative guidelines apply to your specific situation through a confidential consultation. Consulting with an attorney before responding to a letter of interrogatory (LOI) or filling out a SF-86/eQIP/QNSP or SF-85 can help ensure that your disclosures include both accurate answers to any questions and the mitigating evidence that can help expedite processing and resolve any concerns raised by past mistakes. Everyone makes mistakes in life. Life events happen that are beyond individuals ability to control, but must be disclosed, addressed, and mitigated. Accurately disclosing the truth and what you've learned with an understanding of what is relevant can help you get a clearance or keep a clearance so you can increase your chances of keeping your career on track.
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Defense Office of Hearings and Appeals Cases
Department of Energy Security Clearance Cases