Whether you need help figuring out how to respond to a question on the Questionnaire for Investigation Processing (e-Qip) Standard-Form 86, or you have been informed by your agency that your security clearance is being revoked, imperiling your job, our lawyers can help.

We at Shaw Bransford & Roth have decades of experience helping clients navigate the perils and pitfalls of the security clearance process, and are ideally suited to advocate for you to obtain your desired results.

Understand Investigative Procedures

Individuals seeking federal employment can expect to undergo a background investigation which will evaluate their suitability for federal employment. In addition, depending on the nature of the position, the individual may also be required to obtain a clearance to order to access classified information. For those positions which require clearance, there are three levels–Confidential, Secret and Top Secret, each with their own investigative procedures. Understanding the investigative process your application will undergo is a key to success. Failing to pass a suitability review or failing to obtain the required security clearance can deny you your job, or lead to removal from federal service, rendering the process extremely important to your career.

Navigate the Security Clearance Process

The investigation and adjudication of suitability and security clearances are conducted by the Defense Counterintelligence Security Agency. Each investigation begins with an agency-provided questionnaire filled out by the employee (or prospective employee). DCSA then investigates and adjudicates the application based on the National Security Adjudicative Guidelines for Determining Access for Classified Information or Eligibility to Holds a Sensitive Position. We can help you understand the thirteen criteria used by DCSA in adjudicating your application to best position it for success. We also educate individuals on how to prepare for an investigative interview or polygraph examination, and how to handle negative background information that may affect your application. We advise when and how to self-report relevant negative information to decrease the adverse impact that information may have on your suitability and clearance adjudication.

If DCSA uncovers concerning information during your background investigation, it may issue a Letter of Intent (LOI) informing you of an intent to deny your eligibility for a security clearance.  This LOI is accompanied by a Statement of Reasons (SOR) informing you of what in your background needs to be addressed.  We evaluate the LOI and SOR, and develop a strategy with you for addressing the concerns raised.

Know Your Rights

If your clearance has been denied or revoked, you have the right to appeal that denial to the Defense Office of Hearings and Appeals (DOHA). As part of your appeal, you are entitled to a hearing before an administrative judge, and can provide additional relevant information and cross examine witness. We successfully represent and advocate for individuals at DOHA hearings, and when necessary for an appeal to the Appeals Board.