Security Clearances can affect various types of professionals and organizations. Ravenhearth Law is equipped to assist you in any matter involving security clearances:
- If you are federal contractor employee embarking on your initial security clearance investigation (or periodic reinvestigation), Ravenhearth Law can help expedite the security clearance process, and, where problems exist, present the strongest case for a favorable adjudication.
- If you are a federal contractor employer with cleared employees, retaining Ravenhearth Law on behalf of your cleared employees can reduce your talent acquisition costs,employee turnover, and clearance approval time.
- If you are a federal contractor seeking to obtain or maintain your company’s facility security clearance, Ravenhearth Law can assist you throughout the process.
To learn more about how we can assist you, call today or send us a message online to tell us about your case.
The key to avoiding problems before they occur in the security clearance investigation or reinvestigation process is to correctly interpret and answer questions on the SF-86 form. Many applicants needlessly create expensive or even career-ending problems for themselves by not paying careful attention to the questions on this form. Even in situations where real or potential problems exist, applicants can avoid further problems and begin presenting a defense by consulting with an attorney before submitting the SF-86.
Interrogatory Interview Preparation
Although generally your attorney cannot be with you during an interrogatory interview, consulting with your attorney prior to the interview can prepare you for expected questions and provide you a framework for how to respond to specific questions likely to arise based on your answers to questions on the SF-86 or other information the Government may have.
Statement of Answers and Adjudication
Should you receive a Statement of Reasons outlining the Government’s reasons for making a preliminary determination to deny or revoke your security clearance (or even a Letter of Denial), your attorney can help you draft a properly written and responsive Statement of Answers. Your attorney can obtain the Government’s case file, specifically match your particular mitigating circumstances to the Government’s adjudicative guidelines, and greatly increase your chances of receiving a favorable clearance adjudication.
Understanding the Process
Part of this process may include a formal hearing before an administrative judge, together with written legal briefs by both the Government and the applicant. Your attorney can prepare you for and represent you at the hearing. In addition, a professional brief drafted by your attorney highlighting the key facts and points of law can significantly increase your chances of a favorable adjudication. In some cases, a strong written brief may induce the Government to withdraw the Statement of Reasons before the hearing or a decision without a hearing by the administrative judge.
Benefits of Legal Assistance
It is important to understand that in security clearance cases, the burden of proof for a favorable outcome for the applicant is on the applicant. In cases where is any doubt, the Government’s general default position is to deny the clearance. With the help of an experienced attorney, you stand the best chance of obtaining or retaining your security clearance.
Appeals of Unfavorable Decisions
Under U.S. law, a security clearance is a privilege, not a right. An applicant denied a clearance, however, may have some limited rights to appeal such an unfavorable decision. In such an appeal, your attorney can properly frame any relevant errors made by the administrative judge or any due process issues that may have resulted in your not having received a fair hearing. Such appeals of unfavorable decisions by the administrative judge are difficult, and thus highlight the need to consult with an attorney at the beginning of the investigation or reinvestigation process.
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