The security world is one of privileges, not rights. Security clearance laws, rules, and regulations prioritize national security by design. When you receive eligibility for access to classified information, you agree to live in a security-safe manner in return for your privileged position for the duration. That is the quid pro quo.  Break the deal, spin the wheel. The Adjudicative Guidelines never clock out or go on vacation. You are watched—and tracked—throughout your Federal career in the classified workspace.

Even the most experienced security clearance attorney cannot make you appear like something you are not. The prudent Federal servicemember, employee, or contractor will think ahead, and seek not to offend the Adjudicative Guidelines.  Both prior to a bump with the Security Office and after, counsel can lower your liabilities.  Here is what a security clearance attorney can do for you.

Navigating the Security Clearance Process

The security clearance application process is intensive and complex. Everything from your credit history to your personal contacts and traffic offenses may come under scrutiny.

Whatever impression procedural dramas may give, consulting an attorney is not an admission of wrongdoing. In fact, consulting a security clearance attorney demonstrates the seriousness with which you take the process. Consulting experts when you are not sure of the best path forward shows good judgment—assuming you consult the appropriate individual.

Your initial security clearance application serves as the foundation for the rest of your classified career: for better or worse. Care and investment at the application stage can easily make the difference between keeping and losing clearance eligibility down the line. A strategic approach will prepare you to mitigate any derogatory information that comes up during investigation.

Bear in mind your Security Officer and peer cleared-coworkers are obligated to report your security violations. They are not the ones to consult on whether or not it is a security concern for your partner to bake THC brownies in your shared kitchen. If you have questions about your situation, security clearance adjudication, guideline violations and mitigating factors, consider a security clearance attorney. They are the ones you can approach with frank questions without jeopardizing your clearance just by asking. So, armor-up early.  Allocate part of your annual financial budget to legal services to protect your job.  The ignorant security clearance applicant or holder is soon the unemployed, former security clearance applicant or holder.

When Legal Support Becomes Essential

When you receive a Notice of Intent to Deny or Revoke, with an attached Statement of Reasons (SOR) or Summary of Security Concerns (SOSC), the Security Office does not carry the burden of proof. The burden of proof falls on you. It is up to you to prove you are not a security risk to the federal government. Do not use Matlock as your example: in Federal and state criminal trials, the accused has very little to prove.  The prosecutor carries the burden.  In security proceedings, you carry the burden. How much evidence do you collect and save on a regular basis?  Do not wait until the last moment; evidence collection is a weekly chore for the Federal security clearance holder.

A fine legal argument will give the adjudicator a ‘landing pad’ for the decision on your behalf.  It does not land the helo.  Arguments do not win security clearance cases. Facts win security clearance cases. A security clearance attorney should guide you in taking control of your narrative. Gathering evidence is crucial for this. However, a seasoned security clearance attorney will not always settle for applying legal arguments to what has already happened. An attorney worth the financial investment will advise you on a plan of action to protect your career in security: steps to take now, and steps to take going forward. This means to be a good security clearance attorney, you need demonstrable experience in the process of being granted and holding a clearance.  Much of what moves the security decision forward is written ‘between the lines,’ in spaces filled with the work of agencies. Effective, working knowledge of how to move in these spaces comes from experience. It is not readily accessible by Googling regulations on the Internet or asking ChatGPT.

Mitigating evidence is not an archival exercise of digging into the past alone. It is active, present work: creating mitigating circumstances which become evidence that you are not a security risk.

Your commitment to investing in your sensitive career is paramount. That can come only from you. Strategy is equally important. This is where a security clearance attorney comes in. It is not your lawyer’s job to polish your file—your lifestyle—into something it is not. The best security clearance lawyers guide you on what you can do to help yourself keep your clearance. They will never sugar coat the adjudication process any more than they would sugar coat you.

The best time to prove you are not a security threat is long before receiving a Statement of Reasons. Now, with continuous vetting systems monitoring clearance holders on an ongoing basis, it is more important than ever to be proactive about keeping your clearance.

How an Attorney Can Help at Each Stage

It bears repeating: security clearance eligibility is a privilege, not a right. That does not mean security clearance applicants and holders have no due process. In the event your clearance is denied or revoked, you are entitled to an explanation. This comes in the form of a Statement of Reasons (SOR) or, in the DOE, a Summary of Security Concerns (SOSC).

Federal government employees and federal contractors both have the right to appeal a security clearance denial or revocation.

Realize, however, that security clearance appeals are not about arguments over technicalities. They are about facts. To win an appeal, you must demonstrate your willingness to live a lifestyle conducive to a career in the classified workspace.

The burden falls on you to prove that you merit the federal government’s trust. Security clearance attorneys can guide a horse to the adjudicative guidelines, but they cannot make it drink.

Common Clearance Issues That Benefit from Legal Help, Even Before Applying

Seeking legal counsel after receiving an SOR or SOSC is wise. Wiser still is seeking legal counsel before your clearance is denied or in danger of revocation. Wisest yet? Consulting a security clearance attorney before applying—especially if…

• You are applying for clearance eligibility after a previous denial or revocation
• You hold dual citizenship
• You are married to or living with a foreign national
• You have a criminal history
• You have filed for bankruptcy in the past
• You owe the IRS money
• You have substantial debt
• You use marijuana

A security clearance attorney is a career investment for security clearance holders. And, like many investments, the return is higher the earlier that investment is made. An experienced security clearance attorney can certainly help you at any stage of the security clearance application process. Earlier is always better.

Dan Meyer, Esq. is a Partner at Tully Rinckey PLLC’s Washington, D.C. office and has dedicated more than 25 years of service to the field of Federal Employment and National Security law as both a practicing attorney and federal investigator and senior executive. He is a lead in advocating for service members, Federal civilian employees, and contractors as they fight to retain their credentialing, suitability and security clearances.

Tully Rinckey attorneys understand that issues involving security clearances can be challenging, and they will handle your matter with the attention and tact it deserves. If you have additional questions, our team of dedicated security clearance attorneys is available to assist you today. Please call 8885294543, or schedule a consultation online.