Security Clearance Attorney

Security clearance is a required designation for any government contractor or employee who performs work for the U.S. government that requires access to classified information. Sometimes simply working in a building where sensitive information is stored could require security clearance. Security clearances come in different levels:

• Confidential
  • In order to obtain this level of clearance, the government will investigate your personal relationships, and any foreign employment.
  • To maintain confidential security clearance, you will be reinvestigated every 15 years.
• Secret
  • The main reason people face rejection from this level of security clearance is poor financial history. In addition, foreign activities and criminal records often frequently disqualify applicants.
  • The government reinvestigates personnel with this clearance level every 10 years.
• Top Secret: Sensitive Compartmented Information (SCI) and Special Access Program (SAP)
  • Receiving this level of clearance requires a very extensive application process and background check. The government will investigate your travel and financial records closely. You must provide character references.
  • This type of clearance requires reinvestigation every 5 years.

• Criminal conduct

  • If you have ever been convicted of a serious crime or even multiple smaller offenses, or are accused of a crime, your security clearance will be denied or affected.

• Sexual behavior

  • Criminal acts, or sexual activities that could compromise you; demonstration of a lack of judgement.

• Personal conduct

  • This is a broad category. This could mean association with a known criminal, giving false information, reports from prior employers or associates of bad behavior.

• Mental health condition

  • Failure to follow prescribed treatment for emotional, personality, or other mental disorders. Demonstrated pattern of unstable behavior.

• Disloyalty to the United States

  • Your allegiance to the United States has come into question.

• Alcohol consumption

  • Medical diagnosis of alcoholism, relapse after treatment, alcohol related incidents.

• Drug use

  • Drug related incidents, diagnosis of drug addiction, relapse after drug rehab program.

• Security violations

  • This is if you disclose information to unauthorized people, or willfully breach any system.

• Questionable foreign influence

  • You are associated with foreign businesses or citizens that could conceivably coerce you to act against the United States.

• Foreign allegiance

  • If you have dual citizenship, are enlisted in a foreign military, or receive benefits from another question.

• Improper use of information technology

  • Hacking into, maliciously coding, blocking someone else’s access, removing software or hardware or disabling security measures within a protected information technology system.

• Financial problems

  • High debt, gambling addiction, credit score problems, unexplained wealth, pattern of being reckless with money.

• Involvement in outside activities

  • If you are involved in any organization that disseminates materials that disclose information about the United States defense, intelligence, foreign affairs or protected technology.

The Sf-86 is a questionnaire you will need to fill out if you are applying for security clearance. You must fill this out correctly or risk rejection of your application altogether. Even a small mistake on this form could hurt your chances of getting the clearance you need. 

Sf-86 illegal downloading

One part of the Sf-86 that often causes people problems has to do with downloading. The application lists illegal downloading in section 27, Use of Information Technology Systems. It asks if you have “introduced, removed, or used hardware, software, or media in connection with any information technology system without authorization, when specifically prohibited by rules, procedures, guidelines, or regulations.” 

Lots of people have different interpretations of this section. In general, downloading music, even if you didn’t pay for it, is not always illegal. If you file share within a commercial relationship, this is usually illegal. It is always better to be safe and speak to an attorney experienced with security clearance. Contact Aiden Wilkie if you are unsure if your past use of the internet might have been illegal.

The window of time you have to appeal your security clearance revocation is limited. You need to act quickly. If you don’t reinstate your clearance, you will likely not be able to do your job and face termination. Did the government revoke your security clearance? You will most likely need an experienced attorney to guide you through the reapplication process. Aden Wilkie, in his 21 years of service to the Marines, maintained top secret security clearance. He knows how to approach the application process and can prepare you for the necessary DOHA interviews.