By John V Berry, www.berrylegal.com We represent security clearance holders and applicants (federal employees, government contractors, and military personnel) in security clearance matters. Here are some tips to consider when beginning the security clearance process: 1. Consult with an Attorney for Legal Advice When Security Issues May Arise: It is important to consult with an attorney as early in the process as possible if there is the possibility of negative security issues arising. Individuals have the best chance of resolving security concerns when they recognize a pote ..read more

By John V. Berry, www.berrylegal.com If you are a federal employee or government contractor whose security clearance is under review and you are in the process of having your case heard before the Defense Office of Hearings and Appeals (DOHA), there are a number of considerations that should be made before you move forward to the hearing phase. Before DOHA, an applicant for a security clearance (or clearance holder) should be well prepared, in advance, to present their case at a hearing. It is often the case that individuals come unprepared for a DOHA hearing and walk away feeling less than co ..read more

By John V. Berry, Esq., www.berrylegal.com One of the more frequent issues that arises in the context of security clearance investigations involves alcohol abuse or over-consumption of alcohol by federal employees, military employees and government contractors.  This is regulated by Adjudicative Guideline G for those holding or seeking a security clearance. This article discusses the issues that many individuals face with respect to alcohol and their security clearance. Alcohol Abuse or Overconsumption by Cleared Employees or Applicants Alcohol over-consumption and abuse can be a maj ..read more

Financial issues are one of the most common security concerns for security clearance holders or applicants over the past several years. When facing financial issues, it is important to be proactive in attempting to rectify them before they become a reason for the loss of a security clearance. When you run into these issues, it is important to consult with a security clearance lawyer to advise you. Financial issues are also referred to as “Guideline F” cases in security clearance cases. In Guideline F cases, the Government’s concern involves how an individual has handled his ..read more

By John V. Berry, Esq., www.berrylegal.com We are often asked what is a Statement of Reasons (SOR) in the context of a security clearance matter.  A SOR is merely the basis for government security concerns about holding a security clearance.  Generally, an SOR lists specific issues of concern under the Adjudicative Guidelines under SEAD 4. The concerns listed in an SOR, if left unaddressed, will likely lead to the loss of a security clearance.  We thought that we would provide a sample of what an SOR looks like for a government contractor. What Does a SOR Look Like? Al ..read more

By Melissa L. Watkins, Esq., www.berrylegal.com On November 23, 2022, the Office of Personnel Management (OPM), announced in the Federal Register major proposed changes to the current landscape of forms utilized to establish trustworthiness of federal employees in positions of trust or requiring access to classified information. OPM’s proposed changes would result in the adoption of a new form, referred to as the Personnel Vetting Questionnaire (PVQ), which would consolidate and replace the current forms used in this process: the SF-85, SF-85P, and SF-86. The PVQ will exist as a single documen ..read more

By John V. Berry, Esq., www.berrylegal.com  Typically, a very private subject, sexual behavior issues, can become a very big issue in security clearance cases for government contractors and federal employees. This article discusses the issue of Guideline D, Sexual Behavior, which involves security concerns associated with sexual behavior which can lead one to lose (or not obtain) a security clearance. Sexual behavior concerns can come up in many different ways in the context of a security clearance. It is a very sensitive subject for many individuals and we do our best in our law fir ..read more

By John V. Berry, Esq., http://www.berrylegal.com The Director of National Intelligence (DNI) recently issued new guidance for federal agencies and security clearance holders on marijuana and cannabidiol (CBD) usage, in addition to investments in marijuana businesses. The guidance arguably clarifies some aspects of these issues, but it also raises new questions about the use of CBD for security clearance holders. Personal use of these substances and investments in marijuana businesses are already murky issues for security clearance decisions because of the increasing number of states wher ..read more

By John V. Berry, Esq., www.berrylegal.com We often meet with civilian federal employees, military personnel and government contractors nationwide facing potential or actual security clearance issues. Many of the potential clients we meet with ask us what security clearance lawyers do and why they may need to hire one. Many individuals also ask what the appropriate time is in which to hire one. The usual answer we give is that it is best to do so very early in the process. We feel that the earlier in the process a person obtains legal advice about their security clearance concerns, if potentia ..read more

By John V. Berry, Esq., www.berrylegal.com One major question in our security clearance practice over the past year and a half has been whether or not the security clearance hearing process is going to move online permanently and what form it will take as we move to a post-COVID world. The clearance hearing process or personal appearance (depending on the federal agency involved) is typically the most important stage of an unresolved security clearance case where an individual is allowed to present their case in person with counsel if they choose. Depending on the federal agency, the cle ..read more