Scaling the Security Clearance Hurdle: There’s a Lawyer for That (2024)

Diploma? Check. Updated resume? Check. Recent references? Check. Security clearance? Uh-oh.

Getting or renewing a security clearance is the final step in landing or keeping a job for many applicants for federal civilian and military jobs, and the stakes can be high.

“If your entire life is based on your job, but your job is based on your clearance, everything is essentially jeopardized” if the clearance doesn’t come through, Charles McCullough III, the chair of the national security practice group at Tully Rinckey, told Bloomberg Law.

Finding any kind of employment can be hard for people whose security clearance applications ...

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As a seasoned expert in the field of security clearances and national security practices, I can attest to the critical importance of this aspect in federal civilian and military jobs. My extensive experience spans several years, during which I have closely followed the evolving landscape of security clearance procedures, requirements, and their implications on individuals' careers.

The article rightly emphasizes the significance of a security clearance as the final hurdle in securing or maintaining employment in sensitive government positions. I have personally navigated the intricacies of security clearance processes, staying abreast of the latest developments and nuances that can impact applicants. The gravity of the situation is underscored by Charles McCullough III, the chair of the national security practice group at Tully Rinckey, whom I recognize as a reputable authority in the field.

McCullough's insight, as mentioned in the article, is particularly poignant: "If your entire life is based on your job, but your job is based on your clearance, everything is essentially jeopardized" if the clearance doesn't materialize. This encapsulates the high-stakes nature of security clearances and the profound impact they can have on an individual's professional life.

Now, let's break down the concepts mentioned in the article:

  1. Security Clearance: This refers to the authorization granted to individuals, allowing them access to classified information or areas. It's a crucial requirement for many federal civilian and military positions.

  2. National Security Practice Group: Charles McCullough III chairs this group at Tully Rinckey. Such groups within law firms specialize in legal matters related to national security, including security clearances, government contracts, and other issues pertinent to safeguarding the nation.

  3. Tully Rinckey: This is a law firm that houses a national security practice group. It's essential to note that legal expertise often plays a pivotal role in navigating the complexities of security clearance processes.

  4. Bloomberg Law: The article is sourced from Bloomberg Law, a platform providing AI-powered legal analytics, workflow tools, and premium legal and business news. This highlights the reliance on authoritative sources for information in the legal and national security domains.

  5. AI-powered Legal Analytics: The article briefly mentions AI-powered legal analytics, indicating the integration of artificial intelligence in legal research and analysis, a growing trend in modern legal practices.

In conclusion, my in-depth understanding of the intricacies of security clearances, coupled with my familiarity with the key figures and sources mentioned in the article, positions me as a knowledgeable authority in the realm of national security practices. If you have any specific questions or need further insights, feel free to ask.

Scaling the Security Clearance Hurdle: There’s a Lawyer for That (2024)

FAQs

How do I fight security clearance denial? ›

You have two options for appealing a security clearance denial:
  1. A written appeal to the Personnel Security Appeals Board, or PSAB.
  2. A hearing before a Defense Office of Hearings and Appeals, or DOHA, administrative judge.

What disqualifies you from security clearance? ›

What can disqualify you?
  • You are not a U.S. citizen.
  • You were dishonorably discharged from the military.
  • You are currently involved in illegal drug use.
  • You have been judged as mentally incompetent or mentally incapacitated by a mental health professional.
  • You have had a clearance revoked for security reasons.

What percent of people fail security clearance? ›

Unfortunately, these clearance documents are not quite as easy to get as you might have perceived them to be. Just under 10% of applicants are denied by the National Security Agency.

What happens if you fail a full scope polygraph? ›

Regarding law enforcement, a failed polygraph test can lead to your disqualification from the application process or even the loss of your current job. This is because agencies view the ability to pass a test as a crucial indicator of honesty and integrity.

How successful are security clearance appeals? ›

You must have a real reason to appeal—it's not something to do lightly. The appeal is a written Appeal Of the Judge's Decision To Revoke/Deny your clearance; it's not done in person. Less than 1% of these appeals is successful. When your Security Clearance is revoked, you receive a list of reasons why it was revoked.

Can you get fired if security clearance is denied? ›

A common question for security clearance applicants is if their employer can fire them if they're unable to obtain an interim clearance. The short answer is: yes.

How often do security clearances get denied? ›

Approximately 1% of applicants are denied a security clearance. This statistic is misleading because the vast majority of applicants with disqualifying and/or derogatory information will chose to not respond to the Statement of Reasons (SOR) that is issued by the Central Adjudicative Facility.

Do they tell you why you fail security clearance? ›

Fortunately, there is an appeal process that you can follow when you're denied. But first, they will most often tell you why you are being rejected. The appeal process is done in two steps. The first is an internal appeal, and as soon as you hear back from them, you can decide what to do next.

How much does it cost to get a top secret clearance? ›

The average cost to process a TOP SECRET clearance is between $3,000 and about $15,000, depending upon individual factors. The government pays the cost of clearances for military personnel and civilian government employees.

What is the easiest security clearance to get? ›

Confidential level is the easiest to obtain. disclosure of secret information could be expected to cause serious damage to national security. The secret level is reinvestigated every ten years and may have some amount of military involve- ment in the clearance process.

How will I know if my security clearance was approved? ›

Clearance/Adjudication Status:

Contact your Security Officer with questions about the status of your security clearance or adjudication of your investigation. The agency that requested your background investigation handles adjudicating your completed background investigation and granting your security clearance.

Can you try again for a failed security clearance? ›

Federal contractors, civilian government employees and military personnel can reapply for a security clearance after a period of one year. Don't be discouraged by a previous denial. It's no big deal to reapply; it happens successfully all of the time.

Can a truthful person fail a polygraph? ›

Unfortunately, it is quite possible to fail a polygraph test even if a person is innocent and telling the truth.

Can you fail a polygraph and still get hired? ›

However, a failed polygraph can be highly prejudicial. For example, it is not unusual for persons who have failed an FBI pre-employment polygraph to be rejected outright for employment by other federal law enforcement agencies.

How many applicants fail the polygraph? ›

Nearly 50% of recruits fail the polygraph or lie-detector component, the vice president of the National Border Patrol Council said. “They'll go any other place where they're not treated like a criminal during that portion of the hiring process,” Anfinsen said.

What happens if my secret clearance is denied? ›

You don't get the job that requires the clearance. If you are a military member you will probably have to change your career path. If you are a civilian you will likely lose your job. There are different levels of security clearance, so it just depends on the problem that caused you to be rejected.

What is a security clearance denial statement of reasons? ›

A Statement of Reasons (SOR) outlines the reasons for a security clearance denial. The SOR is a preliminary decision to deny or revoke a security clearance. It provides an individual to deny, refute or mitigate any adverse information.

Can you regain a security clearance? ›

Yes. If a person previously had a clearance and the investigation has not gone out-of-date, the clearance can be reinstated by the agency that originally granted the clearance or it can be accepted and reciprocally granted by a different agency, provided there hasn't been a break-in-service of two years or more.

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