Proficient National Security Clearance Law Firm in Pensacola, Florida

The United States government will often require military personnel to obtain a national security clearance. In order to obtain a national security clearance, applicants will need to submit to a thorough and exhaustive background check. Unfortunately, as a result of the rigorous investigation process, some applicants will be rejected for a national security clearance. After having a clearance application denied or valid clearance revoked, petitioners will have the opportunity to appeal the decision.

Following a National Security Clearance Rejection, Speak to a Well-Versed Attorney

If you have petitioned for a national security clearance and have been denied for clearance, you have the ability to appeal the rejection. It is important to note, however, that the appeals process can be complicated where a simple mishap can result in another rejection.

Having a denied national security clearance application can have many negative implications to your career, some of which may be irreversible. For many, a denied application for clearance can result in the inability to maintain employment or the inability to obtain a workplace promotion. Service members who have a denied application or a revoked application can face the inability to go up in rank. After a national security clearance denial, consider speaking to a well-experienced security clearance attorney. A qualified attorney will be able to provide more information on how you can obtain a valid national security clearance.

The attorneys at the National Security Law Firm have the experience to understand what is required to obtain a valid national security clearance. Whether you are initially filing an application or have received an application denial, it is critical to act swiftly and seek the legal support you need to obtain clearance. Consider contacting the firm today for a free, no-obligation consultation.

What You Need to Know About the Questionnaire for National Security Positions

When applying for a national security clearance, petitioners will need to file a form known as the Questionnaire for National Security Positions, or SF-86. This form will need to obtain complete, honest, and accurate answers. Any misinformation or missing information can result in a delay in the clearance eligibility determination.

It is important to note that omissions of adverse information will likely be interpreted as falsified information by the adjudicator, and will ultimately result in an unfavorable determination.

In order to determine a petitioner’s eligibility for access to sensitive information will be based on the 13 National Security Adjudicative Guidelines, which are:

  1. Allegiance to the nation
  2. Influence of foreign countries
  3. Preference of foreign countries
  4. Sexual behaviors
  5. Personal conducts
  6. Financial consideration
  7. History of alcohol consumption
  8. History of drug involvement or substance misuse
  9. Psychological condition
  10. Criminal record
  11. History of handling sensitive information
  12. Outside activities
  13. Record of information technology use

National Security Clearance Denials

The eligibility for a national security clearance can be rejected only on the grounds of important information that provokes doubts regarding the petitioner’s trustworthiness. National security clearance will never be denied because of the applicant’s race, gender, sexual orientation, or religion.

The following are common reasons for clearance denials or revocations: Alcohol-related incidents, such as driving while intoxicated; Spousal abuse; Child abuse; Theft; Drug possession; Illegal  rug use; Unexplained financial affluence; Failure to make spousal or child support payments; Bankruptcy; History of suicide or thoughts of suicide; Stalking and/or harassment behaviors; Threatening to hurt another; Unreported contact with individuals from a foreign government; Unreported relationship with another person who has a connection to a foreign government; The unauthorized entry into an information technology system; Recurring pattern of poor judgement; Deliberate falsifications or omissions; and Patterns of criminal sexual behaviors, such as rape and other forms of abuse.

The Department of Defense has worked hard to ensure that the eligibility process for a national security clearance is a fair process. When a security clearance has been denied, the petitioner will be given the opportunity to explain and/or challenge the adverse information, which is formally known as a due process. A due process allows a petitioner to appeal the rejection by challenging the reasons for the denial to an independent appeal board.

A petitioner who seeks to appeal the denied application will be able to make a written appeal to the board or choose to make an appearance before an adjudicative judge.

The Effects of a Continuous Evaluation

When the preliminary adjudication decision is made, the clearance holder will be subject to a Continuous Evaluation Program, where he or she will be regularly assessed in order to ensure high standards are maintained when it comes to national security clearance.

As a result of recent changes in the administration of investigations, national security clearance holders will be subject to frequent, ongoing investigations. While this maintains high standards, the continuous evaluation process makes it more challenging for holders to maintain a valid national security clearance.

Speak to a Well-Versed National Security Law Firm in Pensacola, Florida

The United States Government conducts thorough investigations that will determine whether an SF-86 applicant meets the requirements for classified information. An applicant’s loyalty, trustworthiness, character, and reliability will help to determine if he or she qualified to hold a national security clearance. Security clearance holders will have the responsibility to maintain due diligence in monitoring their personal behavior and other factors that can affect their ability to maintain security clearance.

If you are in the initial steps of applying for a national security clearance, or if you have gone through the process but have obtained an application denial, you should consider speaking to an experienced attorney who understands how to navigate the petitioning process.

The attorneys at the National Security Law Firm have many years of experience handling security clearance applications. The process to obtain national security clearance is exhaustive and requires careful attention. As rigorous as the process is, having the ability to acquire or maintain security clearance is necessary for many government positions. Without a valid clearance, the possibility to obtain a workplace promotion or maintain employment will not be possible. Consider speaking to a proficient law firm who can help you in the application process. If you have been denied security clearance, a skilled and qualified law firm will help you navigate the appeals process. Consider contacting the support of the National Security Law Firm today for a free case evaluation.