Fairfax, Virginia lawyer defending holders of security clearances in criminal court. May 09, 2017 When a security clearance/public trust holder is hit with a criminal or DWI charge. Posted in Criminal Defense by Jon Katz 0 Comments. Share. Repeatedly, I get clients who have — or want in the future to obtain — security clearances or public trusts (collectively “Security Clearances”) Those people having or wanting security clearances or public trusts are best advised to live squeaky clean lives in the first place, so that they do not need to consult with me after an arrest Security clearance authorities will look at the alleged criminal incident, rather than only the outcome of the case.
Security Clearance Lawyers The security clearance attorneys at Tully Rinckey PLLC regularly assist federal employees and contractors, as well as military personnel, in all stages of the security clearance process. We help you obtain any of the three levels of security clearance – confidential, secret, or top secret. Obtaining a security clearance, no matter the level, is the ultimate sign of trust from the government. Federal employees, military members and government contractors are often required to obtain and hold a security clearance in order to maintain their sensitive position with the government or a secured contractor.
In the last decade, the federal government has greatly increased the number and type of positions that require security clearances, making it difficult for many to be employed or stay employed in their federal positions. • Confidential • Secret • Top Secret • Security Clearance Denials • Denial, Revocation, or Suspension of Security Clearance The application process as well as the clearance renewal process includes an extensive and thorough background investigation into your personal life and financial history.
Anything from traffic offenses to credit card debt can be called into question. Further, just because you have been granted a clearance does not guarantee you’ll have it for the remainder of your career. A security clearance can be taken away at anytime due to numerous factors that call into question your ability to work in a sensitive position.
Examples include defaulting on your mortgage payments, accruing debt beyond your means or providing a false answer on your SF-86. Applying for a security clearance should be taken seriously and conducted with care and strategy. Honesty throughout the application and renewal process is key. Oftentimes, failing to hold a security clearance will lead to the loss of one’s job.
We regularly assist federal employees and contractors as well as military personnel in all stages of the security clearance process and have helped hundreds retain their clearances. All of our security clearance lawyers have held security clearances – meaning they understand the process from personal experience. Our legal team is led by Anthony Kuhn, a 22-year veteran of the Army and Army Reserve. Anthony, currently serving in a brigade-level staff sergeant major position in the Army Reserve, has held some level of active clearance uninterrupted for more than two decades.
In addition to his experience in positions of responsibility with the United States Army, Anthony also previously served as an imbedded Intelligence Advisory with the first operational New Iraqi Army brigade. In this role, Anthony worked closely with senior intelligence officials from both countries through the use of translators to develop, disseminate, and act upon actionable intelligence throughout combat operations including the entire 2004 Fallujah offensive and follow-on humanitarian operations.
Anthony was recognized for assisting in assembling and training the New Iraqi Army’s first plain-clothes reconnaissance and surveillance teams and as the drafter of the New Iraqi Army’s first Reconnaissance and Surveillance SOP. Anthony has assisted in representing facilities, military members, contractors and covert officers in their security clearance and suitability matters involving the Federal Bureau of Investigations, the Central Intelligence Agency, the Department of Homeland Security, the Department of State, the Defense Office of Hearings and Appeals, and many other agencies.
Our attorneys are available to provide counsel throughout the entire security clearance application, revocation and appeals process, including: • Pre-Clearance Counseling for SF-86 and DD Form 1879 – Our attorneys can help identify mitigating circumstances, and assist in drafting answers • Preparation for interrogatories and investigative interviews • Preparation of response to the Statement of Reasons and Denial Letters • Requests for Hearings • Representation at post-denial hearings in front of the Defense Office of Hearing and Appeals (DOHA), Department of Defense, FBI, CIA, DHS, and all federal courts and government agencies, including document and witness preparation • Preparation and representation throughout further appeals 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 job.
Contact us today to speak with an experienced national security attorney. We can be reached 24 hours a day, 7 days a week at or via email at . Our Experience Our Experience If you believe the information gathered about you during the investigation is misleading or inaccurate, the appeal process is your opportunity to correct or clarify the situation and gain access to a security clearance.
An attorney experienced in reviewing records and preparing written appeals will be able to assist in proving that you are not a security threat and should be granted the security clearance. The team of security clearance attorneys at Tully Rinckey PLLC is familiar with the application process, adjudicative guidelines, and mitigating factors. All of our attorneys have held security clearances themselves and know how it feels to go through the investigative process.
Our attorneys have extensive experience in assisting security clearance applicants from the first steps of the process, including the strategic review of applications and preparation for investigative interviews. In the event of a denial or revocation of your clearance, we will fight aggressively to prove your trustworthiness and grant you access to the security clearance you deserve. We frequently represent clients in the appeal process and at hearings in front of DOHA, numerous federal agencies and administrative bodies, and in federal court.
Contact our offices today to speak with an experienced security clearance attorney about your individual situation. Call us 24 hours a day, 7 days a week at 2027871900 or via email at . Types of Security Clearance The type of clearance you can be granted will depend on your position, the agency or company with which you are employed, and the scope of work involved.
There are three basic types of security clearances: Confidential • Foreign employment, immediate relatives and marriages and other personal relationships are screened with scrutiny during the application process. • Reinvestigated every 15 years. Secret • Requires a National Agency Check, a Local Agency Check and a Credit investigation.
Bankruptcy and unpaid bills as well as criminal charges may disqualify an applicant. Poor financial history is the number-one cause of rejection, and foreign activities and criminal record are also common causes for disqualification • Reinvestigated every 10 years Top Secret: Sensitive Compartmented Information (SCI) & Special Access Program (SAP) • Extensive application process and background check known as a Single Scope Background Investigation (SSBI).
Investigators scrutinize dependents, friends, relatives and any foreign travel or employment. Foreign travel and financial assets investigated deeply. Character references required. • Reinvestigated every 5 years. Contact us today to speak with an experienced and knowledgeable security clearance attorney at 2027871900 or via email at . Denial of Security Clearance & Revocation Reasons A decision on your access to a security clearance should be issued within six months following your initial application.
In the event that your application is denied – either during the initial application or revoked or suspended upon review – you will be issued a notice referred to as a Statement of Reasons that outlines the specific reasons, disqualifiers, or areas of concern that determined the decision.
You will also be issued information regarding your right to appeal and the procedures for doing so. Once notified of the government’s intention to deny your clearance, you must provide a response within a timetable as short as 45 days. When filing or responding to an appeal, you must submit a thorough brief that emphasizes the mitigating factors contained in the record and cites relevant legal precedents.
In addition to the list of conditions used to disqualify applicants, the adjudicative guidelines also include a list of conditions used to alleviate security concerns and, ultimately, grant you access to a clearance. The mitigating factors differ depending upon the reasons for denial or revocation, but can relate to infrequency of the act, the completion of counseling programs related to the disqualifying factor, or length of time lapsed.
Each individual’s situation is unique and requires a thorough review of the circumstances specific to your case. There are a host of mitigating factors that could prove your eligibility for access to classified information and ultimately grant you a security clearance. There are numerous reasons why a candidate may be denied a clearance or why a current employee’s clearance may be revoked.
The following list describes areas of issue that may need mitigation during the investigation. The attorneys at Tully Rinckey PLLC are available throughout the application and appeals process to help determine if you have any mitigating factors. Drug Involvement Throughout the investigation, including completing the SF-86 form, you will be asked about any previous or current drug use or involvement. It is important to be completely honest in detailing past use, including the abuse of prescription and non-prescription drugs as well as the consumption, purchase or selling of illegal drugs.
Any illegal drug use during periods of time that you hold a security clearance, no matter the level, puts your clearance in jeopardy. Financial Debt, Affluence & Gambling Addiction There are three financial considerations taken into account: debt, affluence, and gambling addiction. While almost all security clearance candidates hold debt in one form or another, the government scrutinizes the cause and amount of your debt as well as payment history.
Due to the sudden downturn in the economy, many candidates or cleared professionals find themselves buried under mounds of credit card debt, failed car payments or even home foreclosure. All three greatly jeopardize your ability to obtain and retain a security clearance. Financial affluence is the sudden or unexplainable purchase of goods or services beyond your sources of income.
Purchases made out of one’s means are subject to intense scrutiny and investigation. Finally, gambling addiction in any form will be investigated. While moderate gambling is socially acceptable, gambling beyond one’s means or a compulsive need to gamble are grounds for denial or revocation. The attorneys at Tully Rinckey PLLC have decades of experience representing security clearance applicants and those facing revocation due to debt and foreclosure issues. Our lawyers are available 24/7 to help determine mitigating factors in your specific case including positive repayment histories, treatment for addictions and reasons for previously unexplained purchases.
Foreign Influence In a highly globalized age, it is rare to find individuals without foreign contacts or relationships. While having outside contacts and/or dual citizenship are not complete grounds for denial or revocation, background investigators will scrutinize your relationships, both personal and financial, to governments and persons outside the United States. It is highly important that all foreign information, including travel, is accurately disclosed to determine allegiance to the U.S.
and susceptibility to foreign control and influence. If you or your company has numerous foreign investments or contacts, the attorneys at Tully Rinckey PLLC are able to identify mitigating factors including any necessary business arrangements required to obtain clearance. In many cases involving dual-citizenship, having an experienced attorney at your side may be necessary to negotiate a positive settlement.
Sexual Behavior In certain circumstances, your sexual behavior and history may be analyzed to determine its criminality, your sexual compulsion or potential vulnerability to coercion. Behavior that may be deemed reckless including having multiple partners or obtaining partners illegally or through payment will be thoroughly investigated. Sexual orientation is not a disqualifying factor and any discriminatory conduct by deciding officials may be utilized during the clearance appeals process in your favor.
If you believe that you are being discriminated against due to your sexual orientation, the attorneys at Tully Rinckey PLLC may be able to help. They understand your legal options and are available 24/7 for consultations. Technology Misuse The downloading or use of pirated music, movies, television shows or software is taken very seriously by the government. Also, use of employer computers to view or download pornographic material may trigger allegations under criminal conduct, personal conduct, and sexual behavior guidelines.
The mishandling of sensitive or classified information at previous jobs will be scrutinized as it questions your ability to handle any sensitive material with the government. While there is no clear number of illegal downloads that reaches the threshold of “disqualifying,” it is very important to be honest throughout the investigation process into your use of pirated and pornographic materials.
More importantly, now that you are aware of the seriousness of downloading illegal materials, avoid any illegal downloads in the future. The attorneys at Tully Rinckey PLLC, are experienced in representing clients who have a number of disqualifying factors. We are able to give you honest guidance throughout the application process as well as aggressive representation during denial or revocation hearings.
The application process for access to a security clearance is involved and thorough. Our attorneys are available to provide assistance, advice, and counsel from the initial application and interview stages to aggressive representation in the event of denial of revocation of a clearance.
Applying for Security Clearance Written Application Applying for a security clearance requires an in-depth background investigation of your personal history.
This investigation is non-criminal in nature and covers a defined period of time and normally no more than 10 years into your past.
The information collected will be used to determine affirmative your eligibility for access to classified information and suitability for employment. The first step in the investigation is completing an application form referred to as the Personnel Security Questionnaire SF-86.
In addition to verifying U.S. citizenship and supplying fingerprints, the application requires that you supply information related to: • Personal, marital, and family history • Criminal history and law enforcement records • Financial and credit history • Verification of education • Past employment • Military history and service records • Foreign travel, experience, and contacts • Drug and alcohol use/abuse • Computer and internet use/abuse It is essential that all applicants complete the questionnaire thoroughly and honestly.
Once complete, the security clearance questionnaire will be reviewed by agency and government officials for thoroughness and accuracy. Your application will be assigned an investigator who will personally verify the information you provided through a thorough background investigation.
Background Investigation & Formal Interview This critical step in the process involves an in-person interview between the applicant and the investigator.
The interview usually occurs within weeks of date the application is submitted. Since the purpose of the interview is to determine whether you will be able to deal with having access to classified information without being a security risk, you can expect the questions to be in-depth, personal, and wide-ranging. Expect questions related to your family, spouse or personal relationships, health, financial history, overall health, use of alcohol or drugs, and foreign travel or affairs.
The interview is your opportunity to provide clarification or explanation on questionable actions, occurrences, or events in your past. It is in your best interest to answer all the questions asked with honesty and as thoroughly as possible. Evaluation Based on Adjudicative Guidelines Any incidents disclosed in your application or interview that indicate you may be a security risk will be evaluated on a specific set of factors referred to as the adjudicative guidelines.
The adjudicative guidelines are as follows: • Nature, extent, and seriousness of the conduct • Circumstances surrounding the conduct, to include knowledgeable participation • Frequency and recency of the conduct • Individual’s age and maturity at the time of the conduct • Extent to which participation is voluntary • Presence or absence of rehabilitation and other permanent behavioral changes • Motivation for the conduct • Potential for pressure, coercion, exploitation, or duress • Likelihood of continuation or recurrence Facility Clearances and Corporate Coverage If your business or organization is bidding on a government contract, your employees may need to obtain and maintain facility clearances.
The experienced attorneys at Tully Rinckey PLLC collaborate with your company, no matter the size, to acquire and maintain all levels of national security clearances. Our core competencies include: • Preparation of DD Form 254 • Facility clearance • Preparation of Standard Form (SF) 328 • Defense Security Service (DSS) counsel and DOHA representation • Foreign Ownership, Control or Influence (FOCI) mitigation • Personnel clearance • Application counseling • Written appeal preparation We provide counsel at any stage of the process, from acquisition to appeal.
Limited Access Authorization (LAA) If you’re a non-U.S. citizen seeking Limited Access Authorization (LAA), the knowledgeable security clearance attorneys at Tully Rinckey PLLC can help. As one of the few law firms in the nation with the experience to represent LAA candidates, we assist you throughout the application process to help prevent clearance denial or later revocation.
Our services include: • Letter of Justification (LOJ) drafting • Preparation of SF-86 and security clearance packages • Identifying disqualifying issues and mitigating factors • Preparation for investigative interviews We’re available across the country and around the world to assist in any national security law need.
Security Clearance FAQ What is a security clearance? A security clearance is a specific designation required for any employee or government contractor who performs duties for the U.S. Government that require access to classified information. A security clearance may be required even when working in a building or area where such information may be stored. A security clearance allows people filling specific positions to have access to classified national security information up to and including the level of security clearance they hold, provided they have a need to know the information to perform their duties.
WHY CHOOSE US TO REPRESENT YOU When you choose Tully Rinckey PLLC, you aren’t just assigned an attorney. Your legal matter will be cared for by our entire legal team and support staff.
With offices throughout the country, coast to coast, we make sure you receive legal counsel and representation you can trust. A number of the partners in our firm have earned the highest possible ratings for their exceptional legal ability and high ethical standards, including the AV Preeminent peer review rating from Martindale-Hubbell and top ratings from Avvo, Best Lawyers, and Super Lawyers.
Commitment to Our Clients Our team-oriented philosophy encourages open and ongoing communication with every attorney, paralegal, and other support staff working with each client ensures we understand their goals.
Our commitment to you means meeting your objectives, working attentively and persistently toward your success, and efficiently adjusting to your changing needs.
Full Service Legal Firm Tully Rinckey is a full-service law firm. We handle legal issues relating to appellate law, litigation, bankruptcy, international and U.S.-based business law, family and matrimonial law, military and federal employment law, intellectual property law, and much more. We also offer a variety of services, including estate planning, security clearance representation, and congressional investigations.
Regardless of your legal needs, we have the experienced counsel you need. Our Process Our client-centered process is all about communication.
During consultations, we teach clients about legal challenges they face and explain options available from their current position. Our attorneys explain how we resolve legal issues for the best possible outcome. We define what the expectations are, create manageable deadlines, and discover evidence to support claims.
“You’ve always done such great work, thank you. My reason for retaining your firm this time was in my capacity as a retired U.S. Army Reserve Office. Specifically, it was the huge OPM Data Loss of millions of OPM security clearance files, and fingerprint cards, for millions of U.S. citizens with a security clearance,” G.W. on Tully Rinckey PLLC.
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Worldwide Legal Help With Federal Security Clearances Certain jobs in both the government and private sectors require federal security clearances. Whether you work in the defense industry, in intelligence, in law enforcement or a wide variety of federal positions, a security clearance may be a required essential to your ability to perform the specialized tasks you were hired to do. Periodic reviews and background checks, or allegations of misconduct on or off the job, may result in a loss of your clearance — and the subsequent loss of your job.
At Passman & Kaplan, P.C., Attorneys at Law, we assist clients who are seeking to obtain, retain or reinstate their federal security clearances. From our office in Washington, D.C., our attorneys have decades of experience representing individuals across the U.S. and abroad. Appealing A Revoked Or Denied Security Clearance — Federal Employees The responsibility that accompanies a security clearance is serious.
Essentially, the federal government is granting you limited access to private or secret information. If your clearance has been suspended, revoked or denied, your job security is probably your greatest fear. Will you lose your job if you lose your clearance? That unfortunate outcome is certainly likely, which is why representation from lawyers experienced with security clearance matters is essential.
P&K's mission is to protect you and your career. We understand how vital your clearance is to your life. You can rely on our highly respected lawyers to advocate for you — and by extension, for your family and your future. We are here to stand up for you against the massive bureaucracy of the federal government. The first step in an assault on your clearance, if you already have one, is the Notice of Intent to Revoke. Responding to this notice timely and thoroughly is an important and essential first step to retaining your clearance.
If your clearance is revoked, you will have an important appeal opportunity. That appeal will likely be a "personal appearance" before your agency's personnel appeals board or before the Department of Defense Office of Hearings and Appeals.
The lawyers at P&K have experience fighting for our clients facing the loss of a clearance. While these cases are difficult to be sure, having an experienced attorney can make the difference between losing your clearance and your job, and retaining your clearance and going on with your career. Even while your security clearance review is pending, before a decision is made, the agency may propose to indefinitely suspend you from work, until a decision is reached, because you cannot perform your job without the required clearance.
Such a and suspension is an adverse action which may entitle you to reply rights and to an . Representing DOD And Other Federal Contractors If you are a contractor for the Department of Defense (DOD) or other federal agencies, a denied security clearance can be catastrophic to your career. Your long sought-after career can be stripped from you in short order. Fortunately, you may have the right to appeal a denial or revocation of your clearance and be entitled to an evidentiary hearing before a judge at the DOD Office of Hearings and Appeals.
P&K's understanding of the security clearance adjudicative factors and the appeal process makes us the right choice to provide the knowledgeable counsel and powerful advocacy you require.
To learn more about how P&K can assist you, online or call 202-789-0100 or 800-881-0140.
Your career is important and so is the job and the pay check. If the gov’t is trying to revoke your security clearance – then its time to get the best professional legal help possible. Attorney Alan Edmunds is often called The Best Security Clearance Lawyer in the country. A recent perspective client from Florida who hired The Edmunds Law Firm did her homework.
She found Attorney Edmunds has over 300 cases on the DOHA site and won an estimated 75% of those cases on behalf of his clients from across the country.
Attorney Alan Edmunds helps civilian and Active Duty Military deployed around the globe. With over 30 years of experience in military and security clearance law, Alan Edmunds wrote the book on how to win these cases. In fact he wrote two books for introduction to the security clearance process available through his web sites.
If you have questions about , Security Clearance Appeal or other issues such as Security Clearance Denial – call Attorney Edmunds at 800.481.2526. He has office locations on the East coast and West coast and a professional staff ready to help. Visit for more information. . . Post navigation
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