Security Clearance Attorney Serving Sierra Vista, Arizona

Throughout the nation, over 5 million citizens hold national security clearances. In Sierra Vista and surrounding Southern Arizona areas, that includes military members or civilians working in the Davis-Monthan Air Force Base, agents working on the southern U.S. border, employees of the missile factory Raytheon, and those working in the prison systems throughout the state.

Individuals who have security clearance should know that even when an application for clearance has been approved, national security clearance can always be revoked.

Speak to a National Security Attorney serving Sierra Vista, Arizona

If you are a security holder and have reason to believe that your security clearance may be revoked or have received notice that the process of revocation will commence, it is critical to act quickly and seek the legal support of a qualified national security attorney. A well-versed attorney will help you understand your legal options and work diligently to protect your interests.

At the National Security Law Firm, it is of utmost importance to help security clearance holders who are facing a clearance revocation. Consider contacting the firm today for a free initial consultation.

The Process of Understanding the Use of the Adjudicative Guidelines

Security clearances can be revoked at any given time. Currently, there are 13 guidelines that are used to determine a person’s eligibility for clearance and are used to determine if existing clearance should be revoked. It should be noted that there is an appeals process that will vary depending on a person’s employment status.

According to the Defense Security Service, the adjudication process will evaluate a number of different factors which will evaluate the applicant as a whole. All reliable and available information about the applicant’s past and present, including favorable or unfavorable, will be considered in order to reach a clearance determination.

The guidelines are comprised of three parts, which include:

  1. The Initial Concern – a simple statement that described the concerns the security administration has about the particular Adjudicative Guideline.
  2. Possible Disqualifying Factors – Conditions that when present in the applicant’s background, may possibly disqualify him or her for access or eligibility to security clearance.
  3. Mitigating Factors – These are used by adjudicators in order to balance against possible disqualifying conditions. When present, these factors may possibly lessen or cancel the disqualifying condition.

Guidelines for Revoking Security Clearance

The 13 Adjudicative Guidelines can be found in the Code of Federal Regulations.

  1. Guideline A: An allegiance to the country. Being a part of a terror organization, advocating for an unconstitutional overthrow of the U.S. government, sympathizing or associating oneself with terrorists, terrorist groups, and/or others who seek to overthrow the U.S. government.
  2. Guideline B: A foreign influence. Having associations with foreign nationals or having business interests in foreign countries that could potentially coerce the applicant for any reason to a foreign government.
  3. Guideline C: A foreign preference. Applicants who have a dual citizenship, have served in a foreign military, or have accepted a benefit from a foreign country, such as a scholarship or a retirement benefit.
  4. Guideline D: Sexual behaviors. Applicants who have criminal sexual behaviors, sex addictions, or other behaviors that may suggest the applicant’s lack of judgment or discretion.
  5. Guideline E: Applicant’s personal conduct. The applicant’s refusal to cooperate with clearance investigations, the refusal to complete necessary paperwork, and the refusal to submit to testing. An applicant’s association with known criminals and adverse reports from neighbors, friends, or past employers. Providing incorrect information and/or concealing any information from clearance investigators.
  6. Guideline F: Applicant’s financial considerations. The applicant’s patterns of not meeting his or her financial obligations, committing white collar crime, or having unexplained wealth.
  7. Guideline G: History of alcohol consumption. An applicant’s history of alcohol-related incidents when at work or even when away from work. A medical diagnosis of alcohol dependence or abuse. The continued consumption of alcohol after an alcohol treatment program.
  8. Guideline H: History of drug involvement. The use of illicit drugs. A history of drug-related incidents when at work or even when away from work. A medical diagnosis of drug dependence or drug abuse. The continued use of drugs after the completion of a rehab program.
  9. Guideline I: History of emotional, mental, or personality disorders. When there is an ongoing treatment or a condition that could indicate defects in the applicant’s reliability, judgment, or stability. An applicant’s failure to follow treatments, which include taking prescriptions. Any patterns of irresponsible, high-risk, anti-social, aggressive, or emotionally unstable behaviors.
  10. Guideline J: Applicant’s criminal conduct. Any admissions of criminal conduct, or allegations of such, with or without a criminal charge. The conviction of a serious crime or the conviction of several lesser crimes.
  11. Guideline K: History of security violations. The unapproved disclosure of sensitive information. The deliberate violation of security restrictions, negligence, and multiple violations.
  12. Guideline L: Applicant’s outside activities. Services, paid or unpaid, through employment or volunteer, with a foreign country, foreign nationals, representatives of foreign interests or domestic and international parties that are engaged in the discussion, publication, or analysis of foreign affairs, defense, intelligence, or other protected technology.
  13. Guideline M: The applicant’s misuse of information technology systems. The unauthorized or unlawful access of a computer system. The unauthorized action to change, deny, or restrict access to a system. The unauthorized removal of a software and/or hardware from a system, and/or adding an unauthorized software or hardware to a system.

When Facing a Security Clearance Revocation in Sierra Vista, Arizona, Speak to a Well-Versed Attorney

The main purpose of national security clearance is to allow holders access to classified national information. In order to continue having access, security holders and new applicants will need to undergo a rigorous background check that will determine their eligibility. If you suspect your clearance may be revoked or you have received notice of such, speak to a qualified attorney who can assist in possibly avoid the revocation.

The National Security Law Firm is dedicated to helping those who have had a recent national security clearance revocation appeal the decision. Contact the firm today for a free case consultation