ABCs of Department of Defense Industrial Security Clearances

Security Clearance Lawyer

Call (702) 388-1216
or E-Mail Kenneth Roberts, Esq.
For A Free Consultation

If you believe that you may have clearance problems, and will need to apply for, or renew a clearance in the future, or have been recently denied a clearance, please call Kenneth M. Roberts, Esq., Lt. Col., USAF (Ret.) at (702) 388-1216 for a confidential consultation.

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.

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