CAN I APPEAL A DENIAL OR REVOCATION OF MY SECURITY CLEARANCE?

Yes, you can appeal an initial denial or revocation of a security clearance but the process differs for government contractor employees and federal employees.  When a government contractor receives a Statement of Reasons (SOR), s/he may choose to have an Administrative Judge issue a decision based upon the administrative record or request a hearing before […]

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Category: JAG Defense Blog

WHAT IS THE DIFFERENCE BETWEEN THE BCMR AND DRB?

Military members who have been administratively or punitively separated and receive General (Other Than Honorable), Under Other Than Honorable Conditions (UOTHC), Bad Conduct Discharge (BCD) or Dishonorable characterizations of service are often told that they can just get it upgraded later.  While it is true that you can petition for an upgrade in characterization of […]

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Category: JAG Defense Blog

SHOULD I RETAIN AN ATTORNEY TO ASSIST WITH THE SF-86, DISCLOSURES, SIRs AND SORs?

When you receive a job offer contingent upon a security clearance or join the military, you will be asked to complete an SF-86 if you don’t already have an active clearance sponsored by the same agency.  If you are required to make any disclosures of derogatory information, it is advisable to consult an attorney regarding […]

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Category: JAG Defense Blog

WHAT IS “CLOSE AND CONTINUING CONTACT” WITH FOREIGN CONTACTS?

The SF-86 asks if, “if you have, or have you had, close and/or continuing contact with a foreign national within the last seven (7) years with whom you, or your spouse, or legally recognized civil union/domestic partner, or cohabitant are bound by affection, influence, common interests, and/or obligation?”  This question can be confusing because “close […]

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Category: JAG Defense Blog

CAN I USE DELTA-8 PRODUCTS WHILE SERVING IN THE MILITARY?

Although Delta-8 products can be found readily available for purchase at convenience stores and smoke shops, the legality of the substance varies greatly state to state.  Further complicating matters, the Agriculture Improvement Act of 2018 legalized hemp-derived products, including Delta-8, at the federal level.  Hemp products like Delta-8 are supposed to contain THC levels of […]

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Category: JAG Defense Blog

March 2024

Air Force E-7 Special Court-Martial, Minot AFB, ND Result: Full Acquittal

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Category: Recent Results, Uncategorized

CAN I GET A CLEARANCE WITH PREVIOUS MENTAL ISSUES?

Like most things related to security clearances, the answer is:  It depends.  The SF-86 questions relating to psychological and emotional health were updated in 2016 to align with the recognition that receiving necessary mental health care is a good thing.  There are no conditions or treatments relating to mental health that will automatically disqualify an […]

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Category: JAG Defense Blog

How Do I Get a Statement of Reasons Withdrawn?

When government contractors receive a Statement of Reasons, they are given a choice whether to elect for a hearing before an Administrative Judge or have an Administrative Judge issue a decision based on the written record.  Once that election is made and an applicant’s response has been submitted, Department Counsel (a trial attorney employed by […]

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Category: JAG Defense Blog

Can I use Marijuana if I have a Security Clearance?

There is a lot of confusion about marijuana use while possessing a clearance now that a number of states have legalized recreational use of the substance.  Marijuana use, however, remains illegal at the federal level.  While a small amount of recreational use prior to applying for a clearance may be mitigated by legality at the […]

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Category: JAG Defense Blog

How do I remove my criminal history from DoD law enforcement records?

Current and former military members who were investigated for a crime may have their names entered in the title block of a law enforcement activity report, have their identifying information including criminal history data and fingerprints indexed in DCII, and have DNA samples collected and submitted to USACIL.  This information can have negative impacts on […]

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Category: JAG Defense Blog