On 27 January 2025, President Trump signed Executive Order 14183, Prioritizing Military Excellence and Readiness.  On 26 February 2025, the Under Secretary of Defense issued additional guidance on implementation of the policy.  The stated rationale is that the “medical, surgical, and mental health constraints … [associated with] gender dysphoria are incompatible with the high mental […]

It is not uncommon for a job offer to be contingent upon obtaining an interim clearance.  Employers know that the adjudicative process for a clearance can be slow-moving, and an interim clearance will allow you to perform your job functions while you wait on a final decision.  So long as no derogatory information is disclosed/discovered […]

Yes, it can.  The National Security Adjudicative Guidelines outline the criteria by which individuals are considered for eligibility for access to classified information.  The Guidelines are the same no matter the level of clearance being considered; only the depth of investigation/level of scrutiny applied is different.  It is possible to for a clearance holder seeking […]

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 […]