Experienced Albany Security Clearance Attorney Handling Denials, Suspensions, Revocations and Appeals
Losing your federal security clearance can have serious consequences. Unsuccessfully applying for a federal security clearance can have serious consequences as well. While denials, suspensions, and revocations may be warranted in some cases, many are unjustified. If you need to challenge your federal security clearance denial, suspension, or revocation, an experienced Albany security clearance attorney at our firm can help.
We handle all federal security clearance matters for government employees, government contractors, and military personnel in Upstate New York. Whether you have questions or you are prepared to take legal action, we can help.
We Handle Cases Involving All Levels of Federal Security Clearance
Our attorneys assist government employees, government contractors, and military personnel with matters involving all levels of federal security clearance. The requirements for obtaining (and maintaining) each level of security clearance vary, and it is critical to ensure that you are focused on the right set of requirements when evaluating your legal options:
- Confidential – Confidential security clearance is available to individuals who need access to information that could cause damage to national security if disclosed without authorization. Confidential security clearances must be reinvestigated every 15 years.
- Secret – Secret security clearance is available to individuals who need access to information that could cause significant damage to national security if disclosed without authorization. Secret security clearances must be reinvestigated every 10 years.
- Top Secret – Top secret security clearance is available to individuals who need access to information that could cause exceptionally grave damage to national security. Top secret security clearances must be reinvestigated every five years.
Along with confidential, secret, and top secret security clearance matters, we are able to assist with matters involving Special Access Programs (SAPs) and other high-level clearance matters as well. Once you get in touch, we can explain the options available based on your case’s specific circumstances and help you make informed decisions about your next steps.
We Handle Cases Involving All Grounds for Appeal
Denials, suspensions, and revocations of all levels of security clearance are subject to appeal on several grounds. If you have received a denial, suspension, or revocation, understanding why will be essential for making informed decisions. Some examples of common grounds for adverse security clearance-related actions include:
- False statements, deception, or fraud during the application process
- Refusal to provide testimony during an investigation
- Misconduct or negligence in employment
- Criminal (or “dishonest”) conduct unrelated to employment
- Foreign influence
- Financial concerns (including significant debt and gambling addiction)
- Technology misuse
- Alcohol abuse (without evidence of “substantial rehabilitation”)
- Illegal drug use (without evidence of “substantial rehabilitation”)
- Psychological conditions, sexual behavior, and other considerations
While these can all be valid justifications for denial, suspension, or revocation of federal security clearance, these considerations can be (and frequently are) misapplied. Whether you need to submit additional documentation in support of your security clearance application or you need to challenge the government’s determination related to one or more of the issues listed above, our attorneys can assist you with taking all necessary and appropriate legal action.
What You Can Expect from Bell Law Group
When you need to fight for federal security clearance, your choice of legal representation matters. Here is what you can expect when you hire an Albany security clearance attorney at Bell Law Group:
1. In-Depth Knowledge of the Federal Security Clearance Laws and Regulations
Our attorneys are intimately familiar with the federal security clearance laws and regulations. We can use our knowledge to assess your legal options and help ensure that you do not lose opportunities to secure or restore your security clearance.
2. Custom-Tailored Legal Advice
Our attorneys will provide legal advice that is custom-tailored to your specific circumstances. This includes, but is not limited to, your employment status; the type of security clearance you need to obtain or restore; and the reason(s) for your denial, suspension, or revocation.
3. Efficient and Effective Legal Representation
We rely on our in-depth knowledge and experience to provide efficient and effective legal representation. While we cannot guarantee that we will be able to help you obtain or restore your security clearance, we can guarantee that we will do everything we can to help you achieve a favorable resolution as quickly as possible.
FAQs: Appealing Your Security Clearance Denial in Albany
What is the process for appealing a denial or revocation of a security clearance?
The process for appealing a denial or revocation of a security clearance starts with responding to your Letter of Intent (LOI). Depending on how this initial stage goes, you may need to present your case before the Defense Office of Hearings and Appeals (DOHA) or another federal agency. If you are not able to secure a favorable resolution at the agency level, you can continue to pursue your appeal in federal court.
What are the most common reasons for security clearance denials?
Some of the most common reasons for security clearance denials include alcohol and drug abuse, financial issues, and having a criminal record. With that said, if the federal government has denied your security clearance application, it will be critical to understand the specific reason(s) that are relevant in your case.
What is the difference between a Statement of Reasons (SOR) and a Letter of Intent (LOI)?
A Letter of Intent (LOI) is a document that reflects the government’s decision to deny, suspend or revoke a security clearance, while a Statement of Reasons (SOR) serves as the basis for an LOI. If you are facing a denial, suspension or revocation, it will be critical to carefully review both of these documents for purposes of determining your next steps.
Talk to an Experienced Albany Security Clearance Attorney in Confidence
If you are facing a federal security clearance denial, suspension, or revocation in Upstate New York, we encourage you to contact us promptly for more information. To discuss your case with an experienced Albany security clearance attorney in confidence, call 516-280-3008 or request a free consultation online today.
