FBI Security Clearance

After the September 11, 2001 terrorist attacks on the nation, the Federal Bureau of Investigations (FBI) amended its policies regarding security clearances. Today, the agency encourages law enforcement officers with what is referred to as a “need-to-know” to obtain a security clearance. Under the “need-to-know” provision, law enforcement officers can obtain access to certain sensitive and restrictive data; without a security clearance, it is likely that the interested candidate will not qualify for employment.

Individuals interested in employment as law enforcement agents on the local, state, or federal level will need to undergo a security clearance from the FBI. In many situations, the ability to obtain a security clearance can mean the difference between being hired or promoted for a job. Here, we will discuss what candidates can expect when applying for a security clearance and also explain what are some of the most common challenges faced.

Obtain the Support of a Skilled Attorney For an FBI Security Clearance

If you or someone you know is interested in applying for a job position that requires an FBI security clearance, it is important to understand how obtaining clearance can affect the opportunity to obtain employment. If an application for a security clearance has been denied or is delayed, the support of an experienced attorney can help expedite the process and ensure that everything possible is being done to obtain an application approval.

Attorney Brett O’Brien has many years of dedicated experience helping candidates obtain security clearance. Even when a petition for clearance has been denied, Attorney O’Brien has a track record of helping candidates obtain security clearance approval.

Brief Explanation on Secret Security Clearances the Process for Acquiring Access to Classified Intelligence

After the tragic September 11th attacks, the United States Federal Bureau of Investigations initiated the “State and Local Law Enforcement Executives & Elected Officials Security Clearance Initiative”. The program allowed local and state officials the ability to receive briefings on confidential information that could affect their respective jurisdiction, but only upon obtaining security clearance.

Secret security clearances could be granted to individuals that are identifiable as “need-to-know” on national security intelligence that is classified in one of the following:

• Confidential Level
• Secret Level

This security clearance is routinely used for agents in the state or local levels of law enforcement, even when not frequenting FBI facilities or FBI Task Forces. The process for Secret security clearances does not take an extensive amount of time to complete and upon finalization, it allows individuals access to certain FBI facilities.

Secret Security Clearance procedures are as follows:

1. The FBI will perform a record check in partnership with multiple federal agencies and/or local law enforcement agencies. It will also generate a credit history review.
2. The applicant will complete the FD-258 and SF-86 forms. Upon favorable adjudication for Secret security clearance, the candidate will need to read an FD-291 FBI Employment Agreement form.

Background Investigations

Security clearance is required for individuals even at executive-level positions in law enforcement agencies, as these background examinations cannot be waived.

The following information is routinely verified through an FBI security clearance:

• The citizenship of the candidate
• The status of citizenship of the candidate’s family
• The verification of the candidate’s birthplace and birth date
• The applicant’s list of previous residencies
• Educational history – the candidate’s list of previous educational institutions and educational records
• The candidate’s employment history
• The candidate’s credit history – including his or her debt delinquency and/or bankruptcies
• Military service
• The candidate’s medical record – including his or her history of mental disorders
• The applicant’s history of illicit substance abuse and/or alcohol abuse
• Any time in foreign countries
• Every friend or relative in a foreign country
• All family members, acquaintances, friends, neighbors, coworkers, and ex-spouses will be interviewed

Reasons Behind Delayed or Denied FBI Security Clearance

It should be noted that the investigation could be delayed if the candidate has resided in a foreign country. Supplementary interviews may be conducted in order to resolve inconsistencies that could help resolve the matter.

The Federal Bureau of Investigations can also reject and/or delay an application for a security clearance if the information that was provided was not complete, was incorrect, or somehow inconsequential. In an effort to avoid unnecessary delays, a thorough review of the forms should be made prior to the submission of the documents.

Individuals who have a poor credit record and other financial issues are not necessarily barred from obtaining a security clearance. However, it is important to resolve the financial issues prior to starting the application. In the event that the financial issues are significant, they candidate could be denied a security clearance.

Hire the Support of a Proficient and Experienced Security Clearance Defense Attorney

If you are seeking employment with an agency that requires you to have security clearance, you should know that you could have assistance in completing your Questionnaire for National Security Positions form. By seeking the legal support of a qualified attorney, you can receive guidance through the entire application process, until the final adjudication of your security clearance.

Security clearance is a vital part of receiving and being promoted in government positions. If you have been denied a security clearance and need help in asserting your rights, seeking the support of a knowledgeable attorney can help your case. In many situations, a security clearance denial is not the final decision and candidates have the opportunity to file an appeal. An appeal, however, can be a complex and lengthy legal matter that needs to be managed shortly after the rejection has been received. Moreover, an appeal will also demand a hearing for which you will need to carefully prepare for. Having the support of an experienced federal employment attorney can help you understand your legal rights and options in effort of achieving a favorable outcome.

Attorney Brett O’Brien has many years of dedicated experience helping security clearance candidates obtain successful approval in their applications. He has the skills necessary to handle the most complex legal challenges that a candidate may encounter when applying for an FBI security clearance. For security clearance appeals, it is important to act quickly. Attorney Brett O’Brien has the skills and qualities needed to achieve a favorable outcome in a denied application.