If your job requires that you have access to classified government information
you either already posses or will be required to apply for an Industrial
Security Clearance. You will be
asked to disclose a great deal of information about yourself, your family and
those people that you associate with.
After the application process you will either be granted a
clearance, or denied a clearance if there is a problem with your application.
If you are denied a clearance you will usually have the opportunity to
reply to the Statement of Reasons (SOR) letter that you will receive, and have a
hearing before the Defense Office of Hearings and Appeals (DOHA).
Be aware that the deadline to reply may only be a few days from the day
you receive the SOR letter.
The Dempsey, Roberts & Smith, Ltd. attorneys are
experienced in
DOHA
and administrative law procedures and can help you through this process.
Although it is still possible to be granted a clearance
after a hearing, it is much better to go into the application or renewal process
with as few potential problems as possible, as opposed to solving the problems
after the investigation and denial of the clearance.
The Department of Defense Directive 5220.6 lists thirteen
general areas where a potential
problem may exist. The investigator
will examine areas of: Allegiance to
the United States; Foreign Influence; Foreign Preference; Sexual Behavior;
Personal Conduct; Financial Considerations; Alcohol Consumption; Drug
Involvement; Emotional, Mental and Personality Disorders; Criminal Conduct;
Security Violations; Outside Activities; and Misuse of Information Technology
Systems.
Having negative issues in any of these areas such as a DUI
or a Bankruptcy will not automatically bar you from holding a security clearance
as long as you can persuade the government that there are positive factors that
mitigate the negative issue.
However, one issue that will automatically bar you from
holding a clearance is the possession of a valid foreign passport.
