Submit your Security Clearance Denial claim details for a free, no obligation case review.
Get Started:
more_legal_areas security-clearance_denialWhen a person seeks security clearance with valid cause, the first step is to complete a security clearance application. The granting of security clearance allows an individual access to classified national security information. There are three levels of security clearance- classified, secret, and top secret- that can be granted based on the level of access a person requires for his/her specific responsibilities. Each level of clearance has its own specific security clearance application process.
To gain access to restricted information, a person must have proper security clearance and have a “need-to-know” the specific information requested. Those who require access to classified national security information to complete their professional duties must complete a security clearance application. These professionals can include: government civilian employees, government contractors, local, state, and federal law enforcement, certain private sector employees, and members of the military. An individual cannot complete a security clearance application simply because they wish to gain clearance; an authorized agency must sanction the request.
To begin the process, a federal agency security officer will provide an applicant with a security clearance application. This security clearance application used to be a paper form called the Standard Form 86. Today, there is an electronic version of the security clearance application called the Electronic Personnel Security Questionnaire. This security clearance application will ask for detailed information about an individual’s personal history and several names and addresses of persons who can act as references for the individual completing the security clearance application.
All questions asked in the security clearance application are designed to evaluate the applicant’s loyalty, trustworthiness, stability, reliability, and judgment—factors that are used to determine whether applicants are fit to access to specific national security information. After the security clearance application is completed, the applicant will sign a waiver allowing investigators to access all personal records and information about them. Investigators all over the world simultaneously begin gathering information about the applicant.
After the security clearance application is complete, the following may be verified during investigations: current and previous residences, citizenship of applicant and their family, military history, employment history, education, criminal background, and more. The investigators will also gather facts about the applicant’s credit history, criminal and civil litigation involvement, mental health, lifestyle, association with undesirable individuals and foreign nationals, medical information, and much more. They will speak with several individuals known by the applicant to gather as much detailed information about the applicant’s character and conduct as possible.
Once this information is gathered, the Report of Investigation is sent to the appropriate federal agency. A Federal Adjudication Officer will grant or deny access based on the information provided in the security clearance application and all subsequent information produced during investigations. An applicant denied security clearance may have limited rights to appeal that judgment.
Being truthful while completing a security clearance application is the most important element of this process. The information in a security clearance application is used to judge the applicant’s honesty and integrity. Investigators will typically be able to identify any lies told in a security clearance application. These wrongful disclosures could disqualify a person from receiving security clearance.
Knowing how to answer the questions on a security clearance application can be complex and confusing. Before completing a security clearance application, it is extremely helpful to seek the counsel of a legal professional with experience with security clearance applications. An experienced attorney can help you determine how and what to disclose in a security clearance application in order to lawfully and honestly gain security clearance. If you have questions about a security clearance application, please contact us to speak with a qualified and experienced attorney who can protect and maximize your legal interests.