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Brett O’Brien Overturns Client’s Ineligibility Determination Before TSA Personnel Security Section (PERSEC)

The TSA protects the nation’s transportation systems and, therefore, holds its contract and federal employees to high standards of conduct and trustworthiness. If, during the background investigation process, the TSA determines that you do not meet their current employment standards and/or are found to be incompatible with this high level of trust and confidence, you may be found unfit and, therefore — ineligible —  to begin employment with TSA.

Recently, the attorneys at Brett O’Brien Law overturned the TSA’s determination that one of our clients was unfit to obtain contract employment with the TSA. By way of background, the client received a letter from the TSA indicating that, based on the results of his preliminary background investigation, he was found unfit to begin contract employment with the TSA due to “criminal or dishonest conduct.”  Specifically, the letter indicated that on his Declaration for Federal Employment Optional Form (OF)-306, question 11 asked: are you currently under charges for any violation? In response, the client indicated that he was aware of an active warrant in the State of Texas where he was charged with driving with an invalid license.

The client reached out to Brett O’Brien for help in responding to his ineligibility letter.  After reviewing the ineligibility letter from the TSA and speaking with the client to obtain the pertinent information regarding the underlying charge and warrant, Brett O’Brien devised a plan to address the TSA’s concerns.

First, Mr. O’Brien worked with the courts and the client to resolve the underlying warrant and had the charge in Texas dismissed. Then, Mr. O’Brien submitted a lengthy letter with supporting documentation to the TSA Personnel Security Section (PERSEC), explaining the extenuating circumstances surrounding the underlying charge and mitigating the information.  In doing so, Mr. O’Brien focused on the fact that the charge was over six years old and was a minor incident which was the result of a routine traffic stop. In short, Mr. O’Brien explained that the client had made the mistake of driving after his driver’s license had been suspended due to unpaid parking tickets.

In addition, in the written statement, Mr. O’Brien focused on the fact that the warrant and charge did not demonstrate that the client posed a security threat to the United States, nor did it reflect upon his integrity or trustworthiness. In addition, Mr. O’Brien extensively focused on supporting documentation which proved that the client was a person of great integrity, honesty, and trustworthiness and that his conduct and character reflected that he was an ideal candidate for contract employment with the TSA.  Finally, Mr. O’Brien explained the client’s need to be found eligible for contract employment with the TSA, as his current position with his employer required the client to pass the TSA background check process in order to fulfill his job duties.

In explaining each of the above points, Mr. O’Brien did so in a persuasive, strategic, and truthful manner.  He also made sure to provide ample evidentiary proof for each of his points.

In the end, the TSA PERSEC agreed that the client did not pose a security concern and that his employment would be consistent with a high level of trust and confidence, thereby overturning his ineligibility for contract employment with the TSA.

If you have been found ineligible for employment with the TSA, contact Brett O’Brien Law today for a free consultation. After reviewing the specific facts of your case, and developing a strategy to overturn the ineligibility determination in your specific case, we will gather information and documentation in an effort to refute, correct, explain, extenuate, mitigate and/or update the information presented in the ineligibility letter.

Call us today at (202) 600-4996.

About the Author

Brett O'Brien, Esq.
Brett O'Brien, Esq.
author

Brett O’Brien specializes in security clearance appeals. He has dedicated his career to learning the entire security clearance process from start to finish. He started his journey by working for the federal government before entering private practice. Learn more about Brett here.

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