Security Clearance Matters for Federal Employees, Government Contractors, and Private Sector Employees

Security clearances are an increasingly important requirement for federal government employees, employees of government contractors, military personnel and even private sector employees. Security clearance guidelines and standards over the past 10 years have changed, and the number of individuals who require access to sensitive or classified information has increased. In addition, the federal government has required employees who already have security clearances to upgrade their security clearance levels. The process of obtaining, retaining and upgrading a security clearance over the last several years has become complex due to the security concerns of the United States Government.

Security Clearance Application Process

All employees whose positions require access to sensitive information or restricted areas are required to complete an application form known as the Standard Form 86 Questionnaire for National Security Positions (SF-86) or Electronic Personnel Security Questionnaire (EPSQ). Providing information in the SF-86 or EPSQ is voluntary; however, completing the form truthfully is critical to the process of successfully obtaining a security clearance. Once a security clearance application is completed, it is submitted to the Defense Security Service (DSS) or the Office of Personnel Management (OPM) for determination.

Security Clearance Investigations

The U.S. Government conducts background investigations and reinvestigations of individuals under consideration for a security clearance or for the retention of their security clearance in national security positions. Applying for a security clearance requires an employee to undergo a comprehensive background investigation into all aspects of his or her personal and professional history. The investigation includes interviewing the applicant, checking state and federal criminal databases, and interviewing other persons. An employee's full cooperation with all aspects of the investigation is a requirement in order for him or her to obtain a security clearance.

If a federal employee or government contractor employee's initial application is denied, or his or her existing security clearance is revoked or suspended, he or she will be issued a Statement of Reasons or will be provided a notice which outlines the reasons why the security clearance was not granted or continued. When the Defense Security Service (DSS) or Office of Personnel Management (OPM) denies an employee's security clearance, there are procedures or provisions that allow the employee or government contractor employee to appeal the decision, such as a hearing before the employing agency or the Defense Department's Office of Hearings and Appeals (DOHA) to adjudicate his or her security clearance matter. Federal employees have the right to appear in person before an administrative judge to plead their case in a proceeding known as a Personal Appearance. Government contractor employees have the right to a hearing before a DOHA judge.

How We Can Help

Berry & Berry, PLLC handles federal employee and federal contractor security clearance matters throughout the United States.

Our experienced attorneys have assisted numerous federal government employees, military personnel, and government contractors in all stages of the security clearance process by providing legal advice or representation. In addition, our attorneys are familiar with the significant differences between individuals seeking security clearances for use as federal employees and individuals seeking security clearances for use as federal government contractors (i.e., industrial security clearances under Executive Order 10865 and Department of Defense Directive 5220.6).

Our attorneys can advise employees on areas of the SF-86, EPSQ or other related security clearance documentation that require additional care and attention. Our attorneys can also provide advice or guidance in the application process for any security clearance levels such as the following:

• Confidential, Secret or Top Secret
• Sensitive Compartmented Information (SCI)
• Special Access Programs (SAP)

If a security clearance is denied, our experienced attorneys can represent the employee through the appeal process before the DOHA, the DSS or the employing agency. It is important that an employee takes the appeal process very seriously as the inability to obtain, maintain or upgrade a security clearance at the appellate stages can mean the loss of his or her position.

Please contact our firm to speak with one of our attorneys if you are submitting an initial security clearance application (SF-86), undergoing a background investigation, or having your security clearance denied or revoked.