Who This Service Is For
This service is for any contractor who has not prevailed in your response to a Letter of Intent and must appear at a Security Clearance Hearing.
- You are a contractor who has received a negative response to your written response to a Letter Of Intent. Now, you must appear at a hearing and need a security clearance lawyer to represent you at the Hearing. Such Hearings can be required both for new applications for Security Clearance and for existing clearances.
- In the written response, you had requested a Hearing in front of an Administrative Judge in the event that your written response did not mitigate the Government’s concerns. Now, your case has been submitted for such Hearing in front of an Administrative Judge.
How The Security Clearance Process Works
The Government Is Not Satisfied With Your Written Response To Their Letter Of Intent
The government makes a decision on your written response to the Letter Of Intent. If they are satisfied with your response, you get your Security Clearance. When your written response does not satisfy the government’s concerns, you receive a letter (Hearing Notice From The Government) stating you must appear at a Security Clearance Hearing.
We Receive A Letter Notifying You That The Government Requires A Hearing
We—as the firm representing you—receive a letter from the agency involved (mainly DOD). The letter is typically 2-3 pages long and is from the government-appointed attorney. The letter informs you that your response did not satisfactorily mitigate government concerns. The Government Counsel introduces self as government attorney and lets you know that your case is assigned to be heard before an administrative judge at a Hearing.
The letter includes the government’s evidence from their discovery. At this point, we contact you and let you know that the written response did not work. We advise you that it’s not over yet, and that you have an opportunity to go to a Hearing to present your case. If you choose to go that route, you hire us to represent you.
As Your Representative, We Negotiate Hearing Details With All Parties
Once a Judge has been assigned to your case, the Government Attorney contacts us. We discuss the date and location of the Hearing. Typically, the Hearing takes place in the United States, and normally within 150 miles of your location.
We Work With You To Prepare Additional Evidence And Prep For Your Hearing Testimony
There is extensive preparation for the Hearing. We work on collecting and preparing your additional evidence. Note that the emphasis is on evidence. If you don’t have evidence to support your claims, your chances of winning your case rely on evidence that was previously submitted through your written response (and already did not work). We prep you for your hearing testimony, including mock hearing practice.
We Represent You At The Security Clearance Hearing
Both sides have an opportunity to examine, and cross examine you on the stand. We go to the Hearing together to plead our case for you. The hearing length is from 1-2 hours, depending on the complexity of the case. The more allegations we have to mitigate, the longer the Hearing will take. When all parties have pleaded their case, the Judge ends the Hearing.
We represent you during the Hearing and stand up for your rights. You must realize that these Hearings are often biased toward the government and it can potentially be an uphill battle. You can count on us to recognize any bias and fight on your behalf against it.
We Wait For The Judge’s Decision
The Judge will rarely render a decision on the day of a Hearing. Typically the Judge makes a decision within 90 days of the Hearing. However, this may vary, depending on the Judge’s schedule. It can sometimes take up to one year to receive a decision. This is something that we have no control over.
We Receive Notification Of The Judge’s Decision
Most typically, after about four months, we get a notification of the judge’s decision. Either you get a favorable decision or a revocation of clearance. We inform you that the administrative judge has made his/her decision and what that decision is.
Hearing Judge’s Decision Ends In One Of Two Ways
The judge’s decision ends in one of following two ways.
1 You receive a favorable decision and get back your Security Clearance. Sometimes it can take 1-2 months to actually receive the clearance and return to work again. Although your clearance should be reinstated within one week, sometimes it takes over a month for your record to update. If that is the case, then you can use your Favorable Decision Letter from the Judge as proof that your clearance has been granted, or reinstated. If there is any further question, your Security Officer will have access to your record, and can verify this information.
2 Your Security Clearance is revoked. You are already most likely suspended from work. Unfortunately at this stage, there is a great possibility that you will be terminated from employment.
Why You Need This Service
- You undoubtedly need to be represented in a Security Clearance Hearing. The government has an attorney pleading a case against you. You must have a security clearance attorney.
- You don’t know how to prepare for such a Hearing. You don’t understand the kind of evidence that must be presented in order to have a chance of winning.
- You need advice on your testimony for the Hearing. You will perform better if you get to practice in a mock Hearing.
- You must have a clear comprehension of how to present yourself and how to present your testimony.
- You need to understand how the Hearing works and what to expect.
How This Service Helps You
- As a contractor, you may need extensive background on how a Hearing works. We provide that for you.
- Preparing for a Hearing can be intimidating. You don’t know what is going to happen. You don’t have any idea how it works or what you need to do to protect your clearance/job. We help you know what you need to know to manage your emotions and stay focused on the prize.
- We receive the Government’s Discovery for the Hearing. We break down the concerns and explain to you what they mean. Then, we provide you with advice on any action you should take before the Hearing. We explain what to expect when the Government Attorney examines you at the Hearing.
- We work with you to provide any additional evidence needed for the Hearing. We impress upon you the importance of both the quality and quantity of evidence. You’re fighting for your livelihood, and we fully support you in that goal.
- We write the written responses to the government attorney’s letter laying out the details of the government’s discovery. We have an intense understanding of what the government needs, and provide it on your behalf.
- We handle all the negotiations among all parties arranging the hearing details and setting. There can be considerable back and forth in coordinating travel details among multiple parties. We take care of that for you. You don’t have to worry about it.
- We prepare you to testify at your Hearing. We advise you what to say and how to say it. We practice your testimony with you. We make sure you are comfortable about Hearing demeanor and dress.
- We represent you at the Hearing and stand up for you when/if there should be any evident government bias.
- We wait “with you” for the judge’s decision.
- We notify you of the judge’s decision.
- We advise you of next steps and what you can expect once the decision has been rendered.
Call Immediately To Engage Us To Represent You At A Security Clearance Hearing
Contact Us To Help You Present Your Best Case To Keep A Security Clearance
Don’t try to fight for your clearance alone—you have too much to lose. You need help and we know how to help you. It’s critical that you have a security clearance lawyer on your side. We’ll do everything we can to help you gain or regain a Security Clearance.
Request a No-Fee Consultation
Where To Next?
Now that you understand how this service works, you may want to review our Representation At Security Clearance Personal Appearance (Military & Federal Employees) service to see how it works. For the full details on that service, go to Representation At Security Clearance Personal Appearance (Military & Federal Employees).