As of 8 December 2024, a significant change was implemented by the Defense Counterintelligence and Security Agency (DCSA) to the due process procedures for federal employees (including service members).  Previously, federal employees were not given the opportunity to request a personal appearance until after they responded to a Statement of Reasons (SOR) and their 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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]