There have been a number of states that have legalized marijuana over the past 10 years. This has led to a great deal of confusion by security clearance holders about the legality of marijuana usage while holding or seeking a security clearance. Many states like Colorado or California have legalized marijuana, but it remains illegal under federal law. This can cause problems for security clearance applicants or holders. This article discusses these issues.
Psychological concerns can become an issue in security clearance cases for government contractors and federal employees. A mental health diagnosis can enter an individual’s life at any time. When a psychological issue arises in the context of applying for or attempting to retain a security clearance it is very important for the individual to seek legal advice and potential legal representation in order to enable the person the best opportunity to maintain or obtain their security clearance. The individual should retain a security clearance lawyer for this purpose.
One of the more common issues that arise in the context of security clearance investigations is the issue of illegal drug usage and prescription drug usage (by other than the intended recipient) for federal employees and government contractors. This is regulated by Adjudicative Guideline H for those holding or seeking a security clearance. We represent federal employees and government contractors before all federal, intelligence and military agencies. This article discusses the issues that many individuals face with respect to drug usage and their security clearance.
Both the Department of Energy (DoE) and the Nuclear Regulatory Commission (NRC) maintain their own security clearance procedures, as enacted into law by the Atomic Energy Act of 1954. This security clearance process for DoE employees is similar to the security clearance process for other federal employees and government contractors and is administered by the DoE Office of Hearings and Appeals. This article discusses the issues in responding to DoE security clearance issues and clearance appeals. Continue reading →
Our law firm represents security clearance holders in security clearance investigations
and appeals. We also represent individuals that need to determine how and what to report involving new security concerns. One of the frequently misunderstood issues is a security clearance holder’s continuing duty to report on themselves for newly arising security concerns. In other words, self-reporting usually involves reporting a security incident in between the 5-10 year period for re-investigation. Federal agencies are slowly moving towards a system of continuous evaluation for clearance holders, but there is still a major duty for a clearance holder to self-report significant security concerns that arise between investigations. This can pose a problem where a person is essentially told to report on themselves. It causes many conflicts for clients.
Guideline E of the Adjudicative Guidelines, located in Security Agent Executive Directive 4, is one of the most commonly used guidelines by the government for denying security clearance applications, renewals or upgrades. This guideline covers general misconduct. This article discusses Guideline E Personal Conduct cases in more detail.
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 has somewhat changed over the last year with the introduction of Security Executive Agent Directive (SEAD 4) (the new Adjudicative Guidelines governing security clearances). This article discusses some potential tips for those facing financial concern issues in the context of a security clearance matter.