Q: WHAT IS THE PROCESS TO APPLY FOR A SECURITY CLEARANCE OR TO KEEP MY CURRENT
CLEARANCE?
A: When you are offered a job that requires a security clearance, you will be required to fill
out an SF-86 security clearance questionnaire. [e-QIP which is available in PDF format through the US Office of Personnel
Management (OPM)]: http://www.opm.gov/forms/pdf_fill/SF86.pdf)
Later on, an OPM Agent may interview you in person looking
for discrepancies or incorrect statements in your questionnaire application, or other information which may lead to denial
of your application under DoD Directive 5220.6 Guidelines. In addition, you may be required to provide written responses to
Interrogatories on certain issues. If the determination is made to deny/revoke your clearance, you will then receive a Statement
of Reasons.
[If you are offered a job requiring SCI or SAP access, you probably will be required to take a
"lifestyle" polygraph examination; see our page entitled "The Polygraph Examination, Forewarned is Forearmed.]
Q: DO I HAVE TO VOLUNTEER INFORMATION IN THE SF-86 QUESTIONNAIRE IF I DO NOT THINK IT IS ASKED
FOR? HOW CAN I PREPARE FOR THE INTERVIEW BY THE OPM AGENT?
A: It depends on the particulars of your individual
circumstances. If you are in doubt, you may wish to consult with a security clearance attorney. In any event, you should
download the questionnaire and give careful consideration to your responses before submitting it.
Q:
HOW DO I RESPOND TO AN INTERROGATORY?
A: For one thing, do not "sign off" on the accuracy of
the Agent's summary of your interview if it does not accurately state what you said. Feel free to make corrections. You
may wish to consult with a Security Clearance Attorney.
Q: HOW DO I RESPOND TO THE STATEMENT OF REASONS
(SOR)?
A: 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 and totally
correct, nor to deny what is. 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 responses, and to have your signature notarized. You also should state whether you request
a Hearing.
Q: SHOULD I REQUEST A HEARING BEFORE AN ADMINISTRATIVE JUDGE?
A: At
a Hearing, you will be able to impress upon the Judge that you are a responsible citizen, and you will be able to testify
to all relevant aspects of the allegations of the Statement of Reasons. Importantly, 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, contesting the arguable allegations or implications of the SOR, and marshaling 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.
Q:
IS THERE ANY APPEAL FROM THE DECISION OF THE ADMINISTRATIVE JUDGE?
A: 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.
Q: WHAT SORT
OF LIFE HISTORY MIGHT TRIGGER A VIOLATION OF THE GUIDELINES AND DENIAL/REVOCATION OF MY CLEARANCE?
A:
The Guidelines cover many areas of your life, including whether you have ever engaged in any of the following:
•
"Excessive alcohol consumption" (Guideline G, paragraph 21)
• Use of an "Illegal drug" or use
of a "legal drug in a manner that deviates from approved medical direction" (Guideline H, paragraph 24 & 24b)
• "Criminal conduct, regardless of whether [you were] formally charged, formally prosecuted or convicted"
(Guideline J, paragraph 31c)
Other items that may raise issues under the Guidelines include whether you have:
• "Contact with a foreign family member" (Guideline B, paragraph 7a)
• "...financial,
or property interest in a foreign country" (Guideline B, paragraph 7e)
Q: WILL MY SECURITY CLEARANCE
LEGAL EXPENSES BE TAX DEDUCTIBLE?
A: See J. K. Lasser, "Your Income Tax 2009," A legal
expense is generally deductible if the dispute or issue arose in the course of your business or employment. Lasser also says:
Your lawyer's bill should itemize fees connected with deductible items.
The above is merely general information,
not tax advice. See your tax advisor regarding your individual circumstances.
Q: HOW MUCH DOES IT
COST TO CONSULT WITH AN ATTORNEY?
A: B. Daniel Lynch attorney's fees are $250/hr ($25 for one-tenth
of an hour, rounded to the next higher tenth of an hour). For Hearings outside Southern California, actual travel costs are
additional.
