AVOIDING PITFALLS IN THE SECURITY CLEARANCE APPLICATION PROCESS

GETTING A SECURITY CLEARANCE / KEEPING YOUR CURRENT CLEARANCE
You will be required to fill out an SF-86 security clearance application. At a later time, you may be required to provide written responses to Interrogatories on certain issues. Finally, a DSS/OPM Agent may interview you in person, looking for discrepancies or incorrect statements in your application or responses to Interrogatories, or other information which may lead to denial of your application under DoD Directive 5220.6 Guidelines. The SF-86 questionnaire is available in PDF format through the US Office of Personnel Management: http://www.opm.gov/forms/pdf_fill/SF86.pdf

RESPONDING TO THE STATEMENT OF REASONS [SOR]
As soon as you receive a Statement of Reasons, you should consult with a security clearance attorney regarding how you should respond and what documents, if any, you should provide. Sometimes, the allegations of the SOR are ambiguous or misleading. The Applicant must be careful to neither admit an allegation that is not clearly correct, nor to deny what is clearly correct. Your response to the Statement of Reasons is a sworn statement and will usually be read by the Administrative Judge before the Hearing. Be sure to comply with all the requirements in the letter accompanying the Statement of Reasons, including to swear to the response, and to have your signature notarized. You also should state if you request a Hearing.

HEARING BEFORE AN ADMINISTRATIVE JUDGE
In most cases, it is wise to request a Hearing, where you will be able to show that you are a responsible citizen and able to testify to all relevant aspects of the allegations of the Statement of Reasons. You can also call coworkers and other witnesses to testify on your behalf.

You can be represented by a security clearance attorney who can file a Hearing Memorandum, which contests the arguable allegations or implications of the SOR, and marshals the evidence in your favor, including persuasive letters of recommendation and other Exhibits.

Your attorney can prepare your case for the Hearing, making sure that you and your witnesses are prepared to testify effectively. The Hearing itself is conducted much like a Federal District Court non-jury trial. Your security clearance attorney can do an Opening Statement, Closing Argument, direct examination of yourself and your other witnesses, and cross examination of any Government witnesses.

APPEAL OF DECISION OF THE ADMINISTRATIVE JUDGE
The Decision of the Administrative Judge is appealable by either the Applicant or the Government. Each side is allowed one brief, and there are no court appearances. Notice of Appeal must be filed within 15 days of the date the Decision is entered.