When an individual with a security clearance is submitted for a security clearance upgrade, any previously existing security concerns are scrutinized once again, but at a higher level. For instance, if an individual has been previously approved for a Secret level clearance and is then submitted for a higher level Top Secret (TS) level clearance by their employer, that individual could be denied based on the same concerns that existed when he or she was previously approved for a Secret level clearance. This more frequently happens when an individual holds a Top Secret (TS) clearance but is applying for Sensitive Compartmented Information (SCI) access, “TS/SCI.”
Financial considerations security concerns are the most common issues which can result in the inability to obtain or the loss of a security clearance. As a result, it is very important that when a clearance applicant or holder runs into financial issues that they have counsel to assist and advise them with respect to the security clearance process. In security clearance cases, financial issues are generally referred to as Guideline F cases. In Guideline F cases, the government’s concern is generally focused on how a person has handled his or her finances and/or his or her vulnerability to financial manipulation given a pattern of overspending or debt.
The criteria in Guideline F cases have somewhat changed over the last year with the introduction of Security Executive Agent Directive (SEAD 4) (the new Adjudicative Guidelines governing security clearances) which went into effect in June of last year.
Many federal employees and government contractors are required to apply for and maintain security clearances as part of their continued employment. In some cases, the security clearance application process can be straightforward. However, if security clearance problems arise, they are typically discovered when the employee or contractor is about to complete his or her security clearance application through e-QIP or the government’s Standard Form 86. Because of this, if it is possible, a security clearance applicant or holder should seek the advice of an experienced lawyer who handles security clearance matters since each case is different. The following article contains some some tips for employees to consider in the security clearance process. Continue reading →
There is a direction connection between federal employment and the holding of a security clearance. Specifically, the ability to obtain or keep a security clearance, for certain federal employees can be very important with respect to holding onto their federal employment. If a federal employee is required to have access to classified information in the course of their duties, then they must be eligible for a security clearance. In the course of federal employment, problems often arise when a previously cleared federal employee later runs into security clearance issues or when a new federal employee has trouble obtaining a security clearance. When these types of problems arise, it is very important to retain a federal security clearance lawyer as soon as possible.
For federal employees, the ability to obtain or maintain a security clearance, for certain positions can be critical with respect to maintaining their federal employment. If a federal employee is required to have access to classified information, then they must be eligible for a security clearance in order to keep their position. This article discusses the connection between security clearance and those employed by the federal government.
If you are a federal employee or government contractor whose security clearance is under review and you are in the process of having your case heard before the Defense Office of Hearings and Appeals (DOHA), there are a number of considerations that should be made before you move forward to the hearing phase.
Before DOHA, an applicant or re-applicant for a security clearance should be well prepared, in advance, to present their case at the hearing. It is often the case that individuals come unprepared for a DOHA hearing and walk away feeling less than confident about the outcome. Having legal counsel represent you in this forum is highly advised. Below are some considerations that our law firm takes into account when representing federal employees and federal contractors as they approach the hearing stage at DOHA before an administrative judge.