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Home 9 Federal Employees And Workplace Law 9 Defense Department Industrial Security Clearance Review Program

Preserve Your Security Clearance – Hire An Attorney Who Can Help

The U.S. Department of Defense’s Industrial Security Clearance Review program protects civilian contractors working for private companies from unsubstantiated claims that lead to the removal of their security clearance. Losing one’s clearance unexpectedly can lead to termination, or in a worst-case scenario, being unable to continue in a desired career path.

You do not have to face challenges to your security clearance alone. Turn to my firm, DC Federal Employment Lawyer PLLC, for legal counsel that puts you on an even footing with the federal government. I am attorney Arthur A. Elkins Jr., and I spent more than 20 years as an attorney for federal agencies, including the Environmental Protection Agency, the National Science Foundation and the Department of Defense’s Defense Office of Hearings and Appeals. You can turn to me for a frank assessment of your situation and an insider’s view of government administrative processes. I am dedicated and thorough in my approach to serving my clients; my aim is to provide exceptional representation for every client, every time.

How Industrial Security Clearance Reviews Work

Executive Order 10865, signed by President Dwight D. Eisenhower in 1960, provides defense contract employees the ability to challenge a government decision terminating their clearance. Contract employees are given the chance to cross-examine witnesses and refute the decision to deny them a security clearance.

Some key factors to understand the security clearance review process include:

  • The administrative review process is handled by the Defense Office of Hearings and Appeals once a preliminary decision is reached by the U.S. Department of Defense to deny or rescind a contract employee’s security clearance.
  • National security interests drive the department’s decisions to grant, deny or continue the issuance of a security clearance.
  • A number of behavioral guidelines are applied to determine whether a contract employee should receive a security clearance, including allegiance to the United States, personal conduct, drinking or drug use, criminal conduct, foreign influence, financial considerations and misuse of information technology systems.
  • Potential issues with security clearances are balanced against mitigating factors such as the severity and frequency of negative conduct, whether the conduct was voluntary, age of the employee at the time of the conduct, potential for rehabilitation, and the likelihood of the conduct continuing or recurring.

If you’ve received a preliminary security clearance revocation or suspension notice, I can help you respond to it, ask for a hearing, and represent you during the hearing. I can also represent you if an appeal of the Defense Office of Hearings and Appeals final decision is necessary.

Begin Building Your Case With An Initial Consultation

You do not have to give up your security clearance without a fight. Call DC Federal Employment Lawyer PLLC at 202-204-2213 in Washington, D.C., to set up an initial appointment with me where we can discuss your case and your options. I work with clients in the D.C. metro area, across the country, and anywhere in the world that civilian defense contractors are located.