Tully Rinckey PLLC » Security Clearance Representation
3 FOLLOWERS
The blog was founded by Mathew B. Tully and Greg T. Rinckey, both of whom have extensive experience in military law and security clearance representation. Their goal is to provide valuable information and resources to individuals who need help navigating complex legal issues related to their employment or security clearance.
Tully Rinckey PLLC » Security Clearance Representation
1M ago
Many security clearance applicants are stuck with the dilemma of having to disclose embarrassing and sometimes illegal behavior that they hoped to keep secret. Some have secretly used drugs such as marijuana, mushrooms, cocaine, and methamphetamines. While others have paid for sex acts, which the federal government considers illegal, or they have had extramarital affairs and never informed their partners. Applicants often wonder if they will get caught if they intentionally and illegally omit this information during the application process. Here are some things every applicant should consider ..read more
Tully Rinckey PLLC » Security Clearance Representation
2M ago
There is little instant gratification within the Security process.
The persistent ebb and flow of security clearance processing times is understood first and foremost through a pretty blunt fact: it is the applicant’s or current holder’s own filing with Security that impacts with significance how fast processing takes. Remember, the vast majority of security clearance applicants get cleared and do classified work. The critical question is: how fast? What role does the applicant play in the speed of processing?
Let’s face it, another factor impacting processing times is the appeal of federal em ..read more
Tully Rinckey PLLC » Security Clearance Representation
3M ago
For most federal employees, obtaining and maintaining a security clearance is a must. As such, it’s common for many federal employees to feel some form of anxiety when it comes to their clearance, since if it were to be revoked or denied, it would most likely mean a loss of employment as well.
As such, it’s important to know what the most common concerns are that could lead to you losing your security clearance and what to do if you feel you are at risk of losing your clearance.
Most Common Ways to Lose Your Security Clearance
While security clearances can be difficult to obtain and/or maintai ..read more
Tully Rinckey PLLC » Security Clearance Representation
5M ago
For individuals who must go through the security clearance adjudication process, each individual attempting to obtain a security clearance must have a sponsor. Once a sponsor is obtained, the next step in the process starts with the completion of a Standard Form 86 (SF-86), which typically comes in the form of an e-QIP (Electronic Questionnaire for Investigative Processing). However, as of October 1, 2023, the Defense Counterintelligence and Security Agency (the organization that controls clearances for the Department of Defense and other Federal Agencies) is transitioning to a new system call ..read more
Tully Rinckey PLLC » Security Clearance Representation
5M ago
One of the most common questions heard from cleared employees is: “I purchased, smoked, or consumed marijuana. Is there any chance I can obtain or maintain my security clearance?”
While there is not a straightforward answer, in short, marijuana still remains an illegal Schedule 1 drug and controlled substance to the federal government, which would certainly put your chances of obtaining or maintaining a security clearance in jeopardy.
Currently, 38 states allow individuals to smoke marijuana for medical reasons and 23 allow for recreational use, but this doesn’t matter to the federal governmen ..read more
Tully Rinckey PLLC » Security Clearance Representation
9M ago
For individuals who must go through the security clearance adjudication process, it can be a nervous and confusing process. Each individual attempting to obtain a security clearance must have a sponsor, but if security concerns arise, the adjudication process can be different depending on your place of employment. Each process starts with the completion of a Standard Form 86 (SF-86), and if security concerns are found, the adjudication process branches off into two separate paths.
DOD Contractors
The adjudication process for DOD contractors is governed by DOD Directive 5220.6 and requires that ..read more
Tully Rinckey PLLC » Security Clearance Representation
1y ago
Intelligence and defense contractors co-exist in a common national security sector of the American and global economies. But that marketplace is bounded and defined by dual systems of security: personnel and industrial. It is a business and legal environment requiring advice and assistance across many practice areas: personnel and industrial security, corporate restructuring, privacy and data security, political law, global ethics and compliance, Executive Branch and congressional investigations, and white-collar criminal defense.
In all these areas of law, the fundamentals of corporate organi ..read more
Tully Rinckey PLLC » Security Clearance Representation
1y ago
The reporting of contacts, specifically foreign contacts, for clearance holders is of the utmost importance for continued access authorization. All security clearance holders have an obligation to report potential security concerns, whether they are about themselves or others. Guideline B of the Security Executive Agent Directive (SEAD) 4 lays out the disqualifying and mitigating conditions for potential foreign influence concerns. However, before even getting to these regulations, one must decide if they are required to report foreign contacts. The reporting requirements are set forth in SEAD ..read more
Tully Rinckey PLLC » Security Clearance Representation
1y ago
“I will never be able to get a security clearance again after this denial.” That is a common thought that many people feel after having a clearance denied or revoked. However, as long as you take the necessary steps to ensure that the previous reasons for your security clearance denial or revocation have been resolved, there is a pathway to overcoming a previous denial or revocation.
Most government agencies allow an individual who has been denied a clearance or had their clearance revoked to reapply for a security clearance after 12 months from the date of the final decision. Some agencies re ..read more
Tully Rinckey PLLC » Security Clearance Representation
1y ago
The announced decision by the House of Representatives spotlights the growing social media security concern created by individuals and corporations working with, or for, the federal government. On December 23, 2022, Congress, in a bipartisan spending bill, banned TikTok from all government devices. The White House, the Pentagon, the Department of Homeland Security, and the State Department have already banned the social media app, as have more than a dozen other states. The Tik Tok decision combines national security, social media, and “China” in only one institution’s change of policy. It re ..read more