Basic Security Clearance Requirements

A security clearance is a determination by the federal government that a person or company can be trusted with classified information. Any company or individual seeking to do business with federal agencies that deal with sensitive national information, such as the Department of Defense (DoD), Central Intelligence Agency or State Department, requires national security clearance.

A person can’t simply apply for security clearance. Rather a cleared contractor or government agency must sponsor an individual, and that person must (1) currently work for them, or (b) has received and accepted a written offer of employment to begin within 30-days of receiving clearance.

In determining whether a person should receive security clearance, a number of factors are taken into account including indications of a person’s:

• Allegiance to the United States
• Allegiance to a foreign country
• Sexual behavior
• Emotional, Mental, and Personality Disorders
• Personal conduct
• Financial conduct (e.g., financial impropriety, financial distress)
• Excessive Alcohol consumption
• Involvement with illegal drugs or other criminal conduct
• Previous security violations
• Outside activities
• Misuse of information technology systems

It is rare that one factor will be the cause of a denial. Rather the adjudicator will look at all of the variables to get an idea of whether the person can be trusted with classified information. This is called the “whole person approach.” In addition to the criteria written above, the adjudicator will consider such personal issues as the nature, extent and seriousness of any questionable conduct; the age of the individual when the conduct occurred; the circumstances surrounding the event; the voluntariness of the actions, among other things.

In general, it is difficult to say which factors will result in denial. However, the Bond Amendment, which replaced 10 USC, Section 996 (The Smith Amendment), precludes granting or renewal of security clearance to any individual who:

• Has been convicted of a crime and served more than one year of incarceration.
• Has been discharged from the Armed Forces under dishonorable conditions.
• Has been determined to be mentally incompetent by a court of administrative agency.
• Currently is an unlawful user of a controlled substance or is an “addict.”

If a person’s security clearance is denied, that person can appeal the decision to the US Defense Office of Hearings and Appeals (DOHA).

Denied Security Clearance?

The Edmunds Law Firm has national security clearance attorneys on staff that have represented more clients in national security clearance than any other law firm in the country. Contact us today to get started on appealing your national security clearance denial. We look forward to serving you!