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.
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.
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.
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 sugarcoat the adjudication process any more than they would sugarcoat 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.
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. 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.
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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 (888) 968-1893, or schedule a consultation online.
