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A security clearance lawyer has experience representing individuals in matters involving access to restricted national security information. These individuals can be military officials, government employees, contractors, law enforcement, or those employed in the private sector. The ability to properly counsel an individual in these matters requires that a security clearance lawyer possess specialized knowledge about all relevant laws and practices. A security clearance lawyer understands that each case is unique, and that what might be helpful to one person may be detrimental to the next.
The help of a security clearance lawyer is greatly beneficial in every step of the process towards gaining security clearance. After an appropriate organization determines that an individual needs security clearance to perform a duty or occupation, they will be given a security clearance application which will ask for a detailed account of the applicant’s life including facts about: birth, citizenship, education, employment, residences, credit history, involvement in criminal and civil litigation, military history, marriage and divorce, medical information, drug and alcohol use, association with certain individuals and foreign nationals, time spent overseas, mental health, and more.
The most important rule to follow when completing a security clearance application is to provide truthful and honest answers to every question. After the application is completed, a team of professional investigators all over the world will begin to gather information about the applicant. It is unlikely that a lie or intentional omission of facts will remain unnoticed for long. The integrity of an applicant is evaluated based on his/her response to application questions in addition to investigation findings.
A security clearance lawyer understands that answering these questions can be tricky and confusing in many situations. Omitting or including certain information on an application can compromise the chances that security clearance will be granted. A security clearance attorney can help an applicant complete all necessary forms properly to maximize a person’s chance at receiving clearance.
The professional counsel of a security clearance lawyer is also important before the security clearance interview. A security clearance lawyer has intimate knowledge of how these interviews are conducted, how an applicant should respond to specific interview questions, and what is and is not acceptable to ask during one of these interviews. A security clearance lawyer is able to provide this valuable information so that an applicant has the greatest change at gaining clearance.
Early involvement of a security clearance lawyer often increases success in subsequent matters like adjudication, due process hearings, and appeals. Individuals are not granted the same rights in the security clearance process as they are in criminal or civil proceedings. The standards for denial and revocation of clearance privileges are much stricter, less forgiving, and more government-controlled than any other legal standards. The government applies the standard that security clearance must be, “clearly consistent with the interests of national security.” The Supreme Court has also held that, “security-clearance determinations should err, if they must, on the side of denials.”
While these rules were put in place to protect our national security, they also leave room for serious abuses of power. An applicant has no right to a jury trial, the process of judicial review is extremely limited, and refuting an unreasonable decision is much more difficult in security clearance matters compared to other legal matters. This is why the help of a reputable and highly skilled security clearance lawyer is so crucial to protecting the rights and interests of individuals seeking security clearance.
If you would like to learn more about security clearance, please contact us to speak with a highly qualified and experienced security clearance lawyer.
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