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 […]
Read moreMilitary 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 […]
Read moreWhen 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 […]
Read moreThe 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 […]
Read moreAlthough 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 […]
Read moreLike 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 […]
Read moreWhen 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 […]
Read moreThere 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 […]
Read moreCurrent 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 […]
Read moreCommanders have the authority to issue two types of protective orders: “No Contact Orders” and Military Protective Orders (MPOs). Commanders, First Sergeants, or anyone with a higher rank than the recipient can issue No Contact Orders. These orders temporarily halt communications between disputing parties, not reaching the level of a criminal investigation, or safeguard the investigative process in criminal matters. On the other hand, MPOs, exclusive to commanders (officers on G-series orders), are typically issued to safeguard individuals during criminal investigations, particularly to prevent spousal, child, or intimate partner abuse.
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Grover H. Baxley is the founding attorney of JAG Defense. As a former member of the U.S. Air Force Judge Advocate General’s Corps, Mr. Baxley now provides highly experienced representation for military members in all branches of service all over the world.
Air Force E-7 tested positive on a random urinalysis for marijuana. At his subsequent court-martial, the military lawyers at JAG Defense challenged the laboratory’s testing methods and presented compelling evidence of our client’s exceptional military character. Result: The officer members found our client NOT GUILTY of the charge against him.
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