Two of our firm's attorneys either currently hold or have held U.S. government clearances. Consequently, our attorneys are uniquely positioned to advise you having personally gone through the process. Moreover, two of our attorneys have served as officers in the U.S. military and have worked with both national and international clients on secret and confidential government contract matters, several of which have involved personnel security issues.
There are several types of positions that require security clearances. The three most common are: Public Trust Positions, National Security Positions and Special Access Program Positions.
Public Trust Positions
Public Trust Positions are those for which the potential for adverse impact to the integrity and efficiency of the particular agency's mission is at issue. These positions are sensitive in nature. While these positions do not require a traditional security clearance, they do require a background investigation to determine suitability to be assigned to the position.
National Security Positions
National Security Positions are those commonly associated with a traditional ?security clearance? requirement. These are positions that have the potential to cause damage to the national security and require access to classified information. The three levels of classified access are Confidential, Secret, and Top Secret.
Special Access Program Positions
Special Access Program (SAP) Positions concern any program imposing ?need to know? or access controls beyond those normally provided for access to confidential, secret, or top secret information. The most common SAP cases are those dealing with access to Sensitive Compartmented Information (SCI). While there are some differences, the general adjudication of SAP cases tends to be substantially similar to those falling under the other position types.
Clearance Application Counseling
Our attorneys are well qualified to provide counseling concerning the proper responses to questions on the numerous national security clearance/public trust position questionnaires ? e.g., SF 85, 85P, 85P-S, 86, 86A, 86C, OF306, EPSQ/e-QIP, or DD 1879 including what events need to be reported and the consequences for not reporting certain events.
Regardless of the stage of the process at such time as we get involved, and whether you are an employee of the federal government or an employee of a company that has contracted with the federal government, we can help in the adjudication of your case based on the requirements of DoD Directive 5220.6 ("the directive") which establishes the substantive adjudication criteria for security clearance determinations. This directive is utilized by all federal agencies in the adjudication process.
If you are about to apply for your own security clearance or have recently had your application denied or clearance revoked, our lawyers can provide you with the counsel necessary to obtain and retain not only your clearance, but your career.
Contact us today to speak with an experienced attorney.