In many circumstances, the answer is yes. If you are having to disclose potentially derogatory information or if derogatory information has been discovered about you, working with an experienced security clearance attorney will significantly improve your chances of obtaining or maintaining a clearance. Just as importantly, the earlier you involve counsel in the process, the better positioned you will be for success. The security clearance process is complex. Whether you are applying for an initial clearance, undergoing a periodic reinvestigation, or reporting an issue to your security officer, even seemingly minor disclosures can raise concerns for adjudicators. Issues involving finances, criminal history, foreign contacts, substance use, mental health treatment, or personal conduct may delay your case, prevent the granting of an interim clearance, or trigger additional review. A knowledgeable security clearance attorney can help identify areas of concern early in the process and mitigate those concerns to reduce the likelihood that your case will proceed to a formal adjudication. We can assist at all phases of the process, to include: helping you decide if you want to move forward on a job offer contingent upon being granted a clearance; discussing the potential impact of derogatory information as it relates to clearance level and agency; completing SF-86 forms and drafting recommended explanations or disclosures; and representing you at all phases of an adjudication, including responding to SIRs and SORs, representation at personal appearances and hearings, and assistance with appeals. Having a security clearance is a privilege and not a right, and the government will always err on the side of denying a clearance where it believes that it is not in the best interest of national security to grant you a clearance. As many career fields require a clearance to be hired and/or promoted, hiring a seasoned security clearance attorney can maximize your chances of being found eligible for or maintaining your existing clearance.
Justyn Ann Baxley is a Partner with JAG Defense. Her practice primarily focuses on security clearance law and administrative law. As a security clearance lawyer, Ms. Baxley has represented hundreds of individuals in security clearance adjudications across virtually every federal agency, to include the Department of Defense, the Department of Homeland Security, the Department of Energy, the National Security Agency, NASA, and others.
