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.”  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. 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.

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 and subject to suspension, revocation, and reinstatement. However, there are due process protections and procedures that can help individuals protect their access authorizations and by extension usually their careers.

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/ QNSP 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. Don't delay call 865-235-1787 today.

 

Defense Office of Hearings and Appeals  Cases

Department of Energy Security Clearance Cases