Security Clearance Representation

The attorneys at The Employment Law Group® law firm have experience advising and representing employees during all phases of the security clearance process.

Purpose of Security Clearance

The purpose of a security clearance is to determine whether an applicant is able and willing to protect national security information. An applicant’s willingness and ability to adequately safeguard national security information is determined by his or her overall character including loyalty, reliability, and trustworthiness. Since the events of 9/11, the U.S. government has increased its efforts in protecting the security and safety of its citizens, making the process of obtaining security clearances more rigorous.

What are the Levels of Security Clearance?

There are three levels of security clearance that a federal employee or private contractor can obtain. Security clearance can be classified as confidential, secret, or top secret.

How does the government determine the level of clearance that an applicant will receive?

The Bureau of Human Resources will determine the level of security clearance needed to complete the duties and responsibilities of a particular government position and will grant that level of clearance to an applicant accordingly.

How long does it take to process security clearance?

The Department of State will generally render a security clearance decision within 120 days.

What happens if an application for Security Clearance is denied?

A candidate who is denied security clearance or continued eligibility will be notified of the reason for that decision and will have an opportunity to file an appeal. In filing an appeal, an applicant may address any derogatory information that was gathered during the security clearance investigation.

Private Contractors and the Security Clearance Process

The Department of Defense processes and adjudicates security clearance matters for private contractors. In particular, Executive Order 10865 grants private contractors full due process rights including a hearing before the Defense Office of Hearings and Appeals (DOHA) in regards to his or her revocation or denial of security clearance.

Federal Employees and the Security Clearance Process

Executive Order 12968 governs the security clearance process for federal employees. Under this executive order, federal employees can challenge the revocation or denial of a security clearance application orally or in writing.

If you would like to discuss the security clearance process or your particularized security clearance matter with an experienced attorney, Contact us at The Employment Law Group® law firm, to schedule an appointment to discuss your concerns.

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Contact us at The Employment Law Group^® law firm, and tell us about your case. We will answer all inquiries within forty-eight hours, or call us at 202-331-3911 or 888-603-0983.