Issues we handle
Security Clearance Lawyer Defending Clearance Holders for Over 25 Years
Our security clearance lawyers represent federal employees, government contractors, military personnel, and private sector employees nationwide and abroad in all stages of the security clearance process.
Some common areas of security clearance representation include:
- Guidance and counseling in completing security clearance forms (e.g., e-QIP, SF-85P, SF-86)
- Preparation for investigative interviews
- Representation during the polygraph process
- Response to Statement of Reasons, Notices of Intent to Deny or Revoke a Clearance, and Interrogatories
- Representation in security clearance hearings before federal government agencies
- Appeals of adverse security clearance proceedings
- Request for security clearance reconsideration
Our security clearance attorneys represent individuals nationwide at all levels of the security clearance process. It is critical for individuals with security issues to seek legal advice about their concerns as early in the process as possible. We provide some of the following types of legal representation for security clearance issues.
1. Pre-Application Advice
Our lawyers frequently advise individuals at the earliest stages of the security clearance process, often before applications are completed or submitted. Starting early with legal advice can help avoid more difficult situations that can arise later when security concerns arise. We speak with clients, in many cases, about whether or not it is a good idea to apply for a security clearance based on existing security issues.
2. Clearance Application Review
When called upon by clients, our security clearance lawyers review security clearance applications with clients to help ensure that they are accurate and complete. When answers submitted are incomplete or inaccurate, more serious security clearance issues can arise so it is important to accurately complete all security clearance paperwork. Clients retain us to help them respond to questions on the SF-86 and other security clearance-related forms.
3. Representation During Clearance Investigations
Our security clearance attorneys represent and advise individuals during the security clearance investigations portion of their application process. It is often helpful to have counsel advise individuals with security concerns during this stage. It is often helpful, where security concerns exist, to prepare clients for their investigative interviews.
4. Polygraph Representation
When called for in very specific situations, our lawyers also represent individuals during the polygraph examination process. Each federal agency has their own rules for this process, but our attorneys are often able to be available and nearby should legal issues arise during a polygraph examination where legal advice is needed. Depending on the agency, and the reasons behind such a request, we may be able to be present to represent individuals at this stage.
5. Assistance in Responding to Statement of Reasons or Clearance Revocation Proposals
We frequently represent and defend security clearance applicants and holders in responding to notices provided by the government seeking to take away or not grant a security clearance. This is the most common time in which individuals seek legal advice. This is also one of the most critical stages. If you are issued a Statement of Reasons (SOR) or Notice of Intent to Revoke it is very important to obtain the advice of legal counsel. This is an intense process where a very detailed written response is needed to respond to the security concerns. It is not uncommon to respond to an SOR with a 10-15 page written response brief, along with 20 to 30 pages of attached exhibits. This is also a critical response which can potentially resolve the security clearance issues early. In many cases, a comprehensive response can resolve an SOR before the hearing or review stage.
6. Representation During Security Clearance Hearings
Our security clearance lawyers have represented hundreds of individuals in security clearance cases which go to an administrative judge, an adminstrative hearing officer, personnel security appeals boards (PSAB) and other types of hearings. We also represent these individuals in the security clearance appeals process that can occur later in some cases. Depending on the agency involved, the hearing process can be similar to a trial type atmosphere (Defense Office of Hearings and Appeals) with opening and closing statements, trial testimony (cross-examination) and exhibits. In other situations, hearings are conducted differently and require different procedures. You should have counsel at the hearing stage to properly defend a security clearance.
7. Representation During Security Clearance Appeals
In some cases, after a security clearance hearing the individual has the option to seek an appeal or reconsideration of a negative hearing decision. We represent individuals in security clearance appeals and in the security clearance reconsideration processes as needed. The appeals and reconsideration processes are different from the hearing stage procedures so you should have an experienced security clearance lawyer represent you in this process.
Articles
The articles below discuss the different aspects of the security clearance process.
The Defense Office of Hearings and Appeals Security Clearance Hearing Process
8 Tips for the Security Clearance Process
Meeting with Security Clearance Investigators
The Importance of Properly Completing Security Clearance Forms
Polygraph Examinations for Federal Employees and Contractors
Responding to the Statement of Reasons (SOR)
The Whole-Person Concept for Security Clearance Cases
Seeking Information Regarding Security Clearance Incident Reports
A Summary of the Security Clearance Appeal Process
Requesting Reconsideration After a Security Clearance is Denied
We also teach other attorneys in Continuing Legal Education (CLE) classes about the unique aspects of security clearance law and belong to the Security Clearance Lawyers Association. Please contact Berry & Berry, PLLC to schedule a consultation with a security clearance attorney if you are submitting an initial security clearance application (SF-86), undergoing a background investigation, or having your security clearance denied or revoked. We also represent federal employees in all of their employment matters.