Washington DC Security Clearance Lawyer

Award-Winning Security Clearance Attorney - (866) 833-3529

Since September 11, 2001, the federal government has dramatically expanded the scope and nature of federal positions that require a clearance. An increasing number of federal employees, military personnel, and contractors must protect their clearance.

The successful acquisition and maintenance of security clearance is an elaborate process. It is an affirmation from the federal government that you can be trusted with sensitive information. An individual will only be granted a clearance if the government finds doing so is in the interest of national security.

When You Need Experienced Counsel, Call Solomon Law Firm, PLLC

We Represent Federal Employees Around the World
We represent Federal Contractors and Businesses requiring security clearances
We're Backed by a Track Record of Success
Our Accolades Include a 10/10 Avvo Rating, Super Lawyers® Selection, and listing among Washington D.C.'s Best Lawyers in America
We represent members of the Armed Services

Do I need a Security Clearance Attorney?

If you are in the process of submitting an initial security clearance application (SF-86), undergoing a background investigation, or facing the denial or revocation of your security clearance, we encourage you to reach out to Solomon Law Firm, PLLC.

A security clearance is a mandatory requirement for individuals seeking access to sensitive or classified federal government information. Over the years, the process of obtaining, retaining, or upgrading a security clearance has become increasingly challenging.

Our team of dedicated lawyers understand the unique complexities with navigating the government's review of security clearance cases. We provide comprehensive representation to federal employees, federal contractors, military personnel, and private sector employees, both domestically and internationally, throughout every stage of the security clearance process.

Among the most common questions we receive are whether a DUI or past drug use could prevent you from qualifying for a Top Secret clearance. The answer is that it depends on many factors, including the guidelines discussed below.

An experienced security clearance attorney at our firm can review your case and advise you on your rights and options. We can help put you in the best position to keep or acquire a security clearance

How can Solomon Law Help?

We offer guidance and counseling to complete security clearance forms such as e-QIP, SF-85P, and SF-86
Assist with preparation for investigative interviews
Provide representation during the polygraph process
Craft responses to Statement of Reasons, Notices of Intent to Deny or Revoke a Clearance, and Interrogatories
We represent clients in security clearance hearings before federal government agencies such as DOHA, DOE, DHS, DOJ, and the Intelligence Community
We Handle appeals for adverse security clearance proceedings
We provide assistance with requests for security clearance reconsideration

Need help maintaining or obtaining a security clearance? Call (866) 833-3529 or use our online contact form to reach Solomon Law Firm, PLLC.

Top 100 Trial Lawyers Super Lawyers Perfect 10.0 Superb Avvo Rating

Can I Qualify for a Security Clearance?

In today’s post 9/11 world, more federal agencies are required to issue security clearances than ever before. Agencies like the Department of Defense and the Central Intelligence Agency have long required security clearances. However, agencies like the Department of Energy now require clearances for an increasing number of positions.

To obtain a clearance, you will have to undergo a comprehensive background check. Any adverse information could jeopardize your ability to acquire or maintain your clearance.

Federal law regarding security clearances consists of a complex web of regulations. The most significant of these is Executive Order 12968. This establishes the baseline standards that govern access to sensitive information, enforced using adjudicative guidelines.

Security clearance decisions consider one's past and present behavior to make a whole-person assessment. Guidelines provide a roadmap for how the government will evaluate your application.

The thirteen guidelines the government will use to evaluate your fitness include:

GUIDELINE A: Allegiance to the United States
GUIDELINE B: Foreign Influence
GUIDELINE C: Foreign Preference
GUIDELINE D: Sexual Behavior
GUIDELINE E: Personal Conduct
GUIDELINE F: Financial Considerations
GUIDELINE G: Alcohol Consumption
GUIDELINE H: Drug Involvement and Substance Misuse
GUIDELINE I: Psychological Conditions
GUIDELINE J: Criminal Conduct
GUIDELINE K: Handling Protected Information
GUIDELINE L: Outside Activities
GUIDELINE M: Use of Information Technology

Our lawyers will work with you to address any issue that might arise during the course of your application process to ensure you are in the best position to keep or acquire a security clearance.

What are the Types of Security Clearance?

There are three different types of security clearance::

Confidential: provides access to information or material that may cause damage to national security if disclosed without proper clearance. Confidential clearances are reassessed every 15 years.
Secret: allows access to information or material that may cause serious damage to national security if disclosed without proper clearance. Secret clearances are reassessed every 10 years.
Top secret: permits access to information or material that may cause grave damage to national security if disclosed without proper clearance. These are reassessed every 5 years.

The DoE issues two additional types of clearance: the “Q” Clearance and the “L” Clearance.

The Q Clearance permits access to classified information. It can grant an employee access to data commonly referred to as Top Secret Restricted Data. Q Clearance holders also have access to Formerly Restricted Data and certain National Security Information.
The L Clearance allows an employee access to Secret Formerly Restricted Data (FRD) and National Security Information. They can also access Confidential Restricted Data, Formerly Restricted Data, and National Security Information.

Several positions require a specialized designation, which is not a clearance. These include Sensitive Compartmented Information (SCI) or "Public Trust” designation.

Positions that require an SCI designation are often found within the intelligence community. These are given to employees who need to have access to materials restricted to compartmented channels.

A Public Trust position requires employees with a certain specialized knowledge. It may also require employees who have demonstrated high fidelity to the government. Such positions can include public safety and health workers, federal police officers, and immigration, customs, border and port protection agents.

Factors in Determining Eligibility

The ultimate determination of whether the granting or continuing of eligibility for a security clearance is clearly consistent with the interests of national security must be an overall common-sense judgment based upon careful consideration of the following guidelines, each of which is to be evaluated in the context of the whole person.

For any conduct that may disqualify someone, the administrative judge is advised to consider the following:

Nature, extent, and seriousness of the conduct
Circumstances surrounding the conduct
Frequency and recency of the conduct
The person's age and maturity at the time of the conduct
Extent to which participation was voluntary
Presence or absence of rehabilitation and other permanent behavioral changes
Motivation for the conduct
Potential for pressure, coercion, exploitation, or duress
Likelihood of recurrence

For those who already hold a clearance in which adverse information is learned, the judge will likely consider if the individual:

Willingly volunteered the information
Was truthful and complete in responses
Sought assistance and followed professional guidance
Resolved or appears likely to favorably resolve the security concern
Demonstrated positive changes in behavior
Should have their access suspended pending final judgement

How Our Security Clearance Attorneys Can Assist You

Our employment law and security clearance lawyers have in-depth experience working with federal employees, military personnel, and government contractors.

We can assist you with:

Preparing and completing your written application
Preparing for the background investigation and formal interview
Responding to the Statement of Reasons (SOR)
Responding to the Letter of Intent (LOI)
Representation at post denial hearings before the Defense Office of Hearings and Appeals (DOHA), and other relevant agencies
Representation throughout the appeals process, if necessary

If you are applying for a clearance, had your application denied, or are facing a revocation, we can assist you. Contact our Washington DC security clearance denial lawyer online or call (866) 833-3529.