Security Clearance Appeal? Lawyer?

[Merles_Question]

What is the name of your state? SC


When appealing a (Secret) security clearance denial what help other than "advice" can a lawyer provide? I have not been denied a clearance, but I do feel it is a good possibility. My record involves a chapter 7 bankruptcy but no further delinquencies, 1 controlled substance abuse charge (minimum charge, and not found on my person, but in the confines of my work truck which I used to transport work crews), and one arrest which I did not mention/list because I misinterpreted the question (I thought they were only requiring you to list felonies) also there is NO record of the arrest that I was able to find after going to the arresting station and several others to inquire as to the charge. <Every report I received said I had no criminal background.

 

[Viceman]

You've got your work cut out for you with so many issues to address. You can be all but certain to be denied, but miracles do happen. Good thing it is not for a Top Secret clearance or it would really be unrealistic. Lawyers are excellent to have at an appeal hearing which is your right. Its the expense that can kill that idea. Having a lawyer who is experienced with these matters and been to these hearings will only help your chances as opposed to defending yourself. They are familiar with the intricacies and nuances of the process and methodologies of review. Its typically informal with no witnesses, etc., but give yourself the best chance possible. One issue is how long ago these events occured. You want to distance yourself from them as much as you can. Two years or more will help. The best way to mitigate things is to convince the officer that the events were very isolated and you took the fall for someone else, along with an honest misunderstanding with completing your security form. Emphasize there is no arrest record. Make it clear you're not a drug user or alcohol abuser, you have steady employment, out of debt and have solid references. Good luck!

 

[Merles_Question]

Lawyers are excellent to have at an appeal hearing which is your right. Its the expense that can kill that idea.

You wouldn't happen to know the rate on such a representation would you? Now of course I know it can vary greatly, but an estimate would ease my mind. It wouldn't be in my best intrest to spend more than a thousand on a job I know very little about.

One issue is how long ago these events occured. You want to distance yourself from them as much as you can. Two years or more will help. The best way to mitigate things is to convince the officer that the events were very isolated and you took the fall for someone else, along with an honest misunderstanding with completing your security form. Emphasize there is no arrest record. Make it clear you're not a drug user or alcohol abuser, you have steady employment, out of debt and have solid references. Good luck!

Thanks for the helpful advice. It has been more than two years since any of the law violations, and the one arrest was a misunderstanding, which I was never charged for, just had to sit in jail for two days over the weekend. I was in the wrong place at the wrong time and was associated with a group of people who I did not know, had never interacted with and did not arrive with.

In my research of security clearances I have found a litany of people who've been turned down because they did not submit proper information. It has been my intention to do so. What keeps me hopeful is the fact the company still sent off the form, which I have been told cost them upwards of a grand to file. (man-hours and so on) Sure a company that is so large will take chances, but why on someone who has no ties to them. (beneficial?)

I will keep my fingers crossed until I am notified, but I will also be pessimistic because of my not so spiffy background.

Thanks again.

 

[Viceman]

You need to contact various attorneys who handle security clearance appeals to find out what they charge. This website has several links to finding such representation. A Yellow pages or Google search for attorneys in your area would be a good source as well. From some of my queries, they can charge anywhere from $150-$350 per hour. Some want a retainer. That can be anywhere from 2 or 3 thousand to 7 or 8 thousand dollars. Agreeing to a flat fee would normally be the best idea. Your case has several legal issues that need to be investigated/reviewed which would increase the total. I seriously doubt $1000 would be enough to cover everything. The attorney needs to make enough for it to be considered worthwhile. Depending on your desire for this clearance, you may want to take the financial hit now, since it would pay off later after you have the clearance. A Top Secret clearance is very hard to come by, therefore valuable to employers and agencies that will pay you a nice salary which would pay for your legal fees in the long run. The real question here is what kind of chance you have to overturn your denial. Give it your best that your security form error was made in good faith, no police record you could find and its been over two years with no issues since.

If your appeal is also denied, you may be able to appeal one more time to a singular high authority. If that is also denied, you would probably have to wait one year from the time of most recent appeal denial to re-apply for a TS. That would mean starting over from scratch with a new investigator, polygraph session, filling out a new security form/application, etc. Some people who have made certain mistakes in their lives actually forego the appeal process and start the one year wait right away to distance themselves from their transgressions or resolve legal/financial issues in their life. Let us know how your case goes!

 

[dsb_dc]

The Defense Office of Hearings and Appeals (http://www.defenselink.mil/dodgc/doha/) is where your hearing will likely take place.

The desk reference used by adjudicators to determine eligibility for clearance may be useful for you to look at, particularly the Drug Involvement and Financial Considerations sections.
http://www.dss.mil/nf/adr/adjguid/adjguidF.htm

You'll also want to look at the same sections of the supplemental guidance for information on how specific situations are handled.
http://www.dss.mil/nf/adr/supinfo/supinfF.htm

 

[pb1963]

Another Educated Opinion

What is the name of your state? SC


When appealing a (Secret) security clearance denial what help other than "advice" can a lawyer provide? I have not been denied a clearance, but I do feel it is a good possibility. My record involves a chapter 7 bankruptcy but no further delinquencies, 1 controlled substance abuse charge (minimum charge, and not found on my person, but in the confines of my work truck which I used to transport work crews), and one arrest which I did not mention/list because I misinterpreted the question (I thought they were only requiring you to list felonies) also there is NO record of the arrest that I was able to find after going to the arresting station and several others to inquire as to the charge. <Every report I received said I had no criminal background.

FIRST OF ALL, IF YOU HAVEN'T BEEN DENIED YET, DON'T SWEAT IT!!!!!

SECONDLY, IF YOU ARE DENIED.......DON'T WASTE YOUR TIME OR MONEY FIGHTING IT!

MY CLEARANCE TOOK 3 YEARS TO COME BACK. I HAD ISSUES SIMILAR TO YOURS.

LET ME JUST SAY THIS......ONE OR TWO BAD EVENTS (NO MATTER WHAT THEY ARE) IN A PERSONS LIFE ARE NOT GOING TO PREVENT THEM FROM OBTAINING A CLEARANCE......THEY TAKE THE TIME TO LOOK AT THE WHOLE CHARACTER OF A PERSON. IF THEY DENY YOU, DON'T BOTHER APPEALING. THEY TAKE A GOOD LONG TIME TO LOOK AT YOU AS A WHOLE.

THEY WILL GET A STATEMENT FROM YOU AS FAR AS THE FINANCIAL SITUATION. THIS COULD TAKE 3 TO 4 YEARS......BUT IF YOU DON'T GET IT......YOU WOULD BE BETTER SERVED LAYING LOW FOR A WHILE RATHER THAN THE POINTLESS ATTEMPT AT GETTING A LAWYER TO HELP YOU.......IF YOU WANT TO APPEAL.....9 TIMES OUT OF 10 IT IS POINTLESS.......WITH OR WITHOUT A LAWYER.....BUT SINCE YOU HAVE NOT BEEN DENIED YET......MAYBE YOU WON'T BE.......THE EVENTS YOU MENTIONED AREN'T ENOUGH TO DENY YOU UNLESS YOU HAVE BEEN A LOSER YOUR WHOLE LIFE.........BE POSITIVE......

 

[Shay-Pari'e]

FIRST OF ALL, IF YOU HAVEN'T BEEN DENIED YET, DON'T SWEAT IT!!!!!

SECONDLY, IF YOU ARE DENIED.......DON'T WASTE YOUR TIME OR MONEY FIGHTING IT!

MY CLEARANCE TOOK 3 YEARS TO COME BACK. I HAD ISSUES SIMILAR TO YOURS.

LET ME JUST SAY THIS......ONE OR TWO BAD EVENTS (NO MATTER WHAT THEY ARE) IN A PERSONS LIFE ARE NOT GOING TO PREVENT THEM FROM OBTAINING A CLEARANCE......THEY TAKE THE TIME TO LOOK AT THE WHOLE CHARACTER OF A PERSON. IF THEY DENY YOU, DON'T BOTHER APPEALING. THEY TAKE A GOOD LONG TIME TO LOOK AT YOU AS A WHOLE.

THEY WILL GET A STATEMENT FROM YOU AS FAR AS THE FINANCIAL SITUATION. THIS COULD TAKE 3 TO 4 YEARS......BUT IF YOU DON'T GET IT......YOU WOULD BE BETTER SERVED LAYING LOW FOR A WHILE RATHER THAN THE POINTLESS ATTEMPT AT GETTING A LAWYER TO HELP YOU.......IF YOU WANT TO APPEAL.....9 TIMES OUT OF 10 IT IS POINTLESS.......WITH OR WITHOUT A LAWYER.....BUT SINCE YOU HAVE NOT BEEN DENIED YET......MAYBE YOU WON'T BE.......THE EVENTS YOU MENTIONED AREN'T ENOUGH TO DENY YOU UNLESS YOU HAVE BEEN A LOSER YOUR WHOLE LIFE.........BE POSITIVE......

Lady, You are dead wrong and should not be giving advice on this forum.

https://forum.freeadvice.com/search.php?do=finduser&u=198464

Do you even understand what a security clearance is?

OH! And stop yelling.

 

[pb1963]

Lady, You are dead wrong and should not be giving advice on this forum.

https://forum.freeadvice.com/search.php?do=finduser&u=198464

Do you even understand what a security clearence is?

OH! And stop yelling.

How is it that I am dead wrong? I apologize if anyone thought I was yelling, I was not.......If you could explain what you mean I would appreciate it.

I would hate to think that 10 years working with DSS as a FSO for a Gov't Contractor that I was missing something.......

 

[Shay-Pari'e]

How is it that I am dead wrong? I apologize if anyone thought I was yelling, I was not.......If you could explain what you mean I would appreciate it.

I would hate to think that 10 years working with DSS as a FSO for a Gov't Contractor that I was missing something.......

Your posting all over the place right now with false info. I have to get to work, but I'm confident someone will come along to say the same thing.

Just stop posting. You have enough problems of your own, and have no idea what you are talking about.

 

[Shay-Pari'e]

02-20-2005, 05:19 AM
pb1963
Junior Member Join Date: Feb 2005
Posts: 22

Check Care Collection Practices GA

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What is the name of your state? Georgia

In May 2004 I wrote a check to a dealership after having my vehicle repaired due to an accident. The dealership agreed to hold the check for 3 days in the hopes that I would receive my check from the insurance company and I was going to bring that to them. On the third day I took the check down to the dealership and was told my check would be torn up. In October of 2004 I left the country for work and my sister was staying at my home on an off. She started receiving phone calls from Check Care in late October 2004 stating that I needed to pay them for my $970 check that bounced. I was never notified by the dealership nor check care in writing then or now. I returned home two weeks ago and when I realized that the insurance check was sent back to the insurance company and my check had been deposited instead of torn up, I realized that I did owe the debt. I phoned the dealership and informed the Service Manager I would be coming in to pay it to him. Now Check Care called my house 3 and 4 times a day from October til Wed of this past week. I was told 5 times by 2 of 3 different people including the manager of Check Care that I was going to jail if I didn't pay them immediately. I was out of the country. I was never sent anything in writing from either the dealership or Check Care. Check Care did however call me 7 days a week 3 and 4 times a day. Always with threats regarding my impending incarceration. I went to the dealership this week and explained to the Service manager what had transpired and I apologized and I paid him the money. He in turn got on the phone with Check Care to inform them that I had paid him and the manager inform him that they were drafting the money out of my bank account that evening. Now I have paid the debt 2 times. I never authorized a withdrawl from my account. I never received anything in writing regarding the check. They are rude and threatening and they mislead people with their claims and scare tactics.

What can I do? I am owed back money from them and i believe they did fraudulently take money out of my account. They had been informed by the dealership that I had paid and they took it out anyway. I really want to stick it to them....any advice?

 

[Shay-Pari'e]

03-08-2005, 02:57 AM
pb1963
Junior Member Join Date: Feb 2005
Posts: 22

Mil Div/Last Minute change to Adultry Yes/NO

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My husband is AD in Mil. Deployed this year for a total of months. Came home after 1st deployment 5/04 wanting divorce, wanting divorce. I went on vacation in 7/04 and come home and he suddenly stops coming home at all and one day with no explanation yet all of his stuff was still here. Mid August he has TDY and with what I now know to be girlfriend who is in his unit and was deployed with him in Jan - May. I filed for divorce in Sept but filed "irrec diff" rather than adultry because I didn't feel as though she was the reason for the divorce....he was deployed again 10/04 - 1/05 and we have had 4 or 5 agreements passed back and forth between attornies. We have finally agreed however there is a possibility I have serious medical problems and being that I was laid off from my job in January my lawyer instructed me not to sign the agreement because of the medical insurance issue. I will have no medical insurance. When his attorney found out about this he instructed my husband to file a motion to enforce the agreement even though I hadn't signed and even though both realize I will be left without coverage. Do I have any recourse? My attorney hasn't returned my calls and I really think he is just about useless anyway.....HELP??????

Also, can I change my original complaint to adultry at this late date?

What can I do to make sure I have medical coverage.....I am not trying to prevent the divorce, but he is trying to get remarried before being deployed again to get the extra money. HELLLLPPPPP?

 

[Shay-Pari'e]

https://forum.freeadvice.com/showthread.php?t=233954

You have no clue what you are talking about.

 

[pb1963]

OK....what does one have to do with another

02-20-2005, 05:19 AM
pb1963
Junior Member Join Date: Feb 2005
Posts: 22

Check Care Collection Practices GA

--------------------------------------------------------------------------------

What is the name of your state? Georgia

In May 2004 I wrote a check to a dealership after having my vehicle repaired due to an accident. The dealership agreed to hold the check for 3 days in the hopes that I would receive my check from the insurance company and I was going to bring that to them. On the third day I took the check down to the dealership and was told my check would be torn up. In October of 2004 I left the country for work and my sister was staying at my home on an off. She started receiving phone calls from Check Care in late October 2004 stating that I needed to pay them for my $970 check that bounced. I was never notified by the dealership nor check care in writing then or now. I returned home two weeks ago and when I realized that the insurance check was sent back to the insurance company and my check had been deposited instead of torn up, I realized that I did owe the debt. I phoned the dealership and informed the Service Manager I would be coming in to pay it to him. Now Check Care called my house 3 and 4 times a day from October til Wed of this past week. I was told 5 times by 2 of 3 different people including the manager of Check Care that I was going to jail if I didn't pay them immediately. I was out of the country. I was never sent anything in writing from either the dealership or Check Care. Check Care did however call me 7 days a week 3 and 4 times a day. Always with threats regarding my impending incarceration. I went to the dealership this week and explained to the Service manager what had transpired and I apologized and I paid him the money. He in turn got on the phone with Check Care to inform them that I had paid him and the manager inform him that they were drafting the money out of my bank account that evening. Now I have paid the debt 2 times. I never authorized a withdrawl from my account. I never received anything in writing regarding the check. They are rude and threatening and they mislead people with their claims and scare tactics.

What can I do? I am owed back money from them and i believe they did fraudulently take money out of my account. They had been informed by the dealership that I had paid and they took it out anyway. I really want to stick it to them....any advice?

OK......this is a completely dead issue. One in which Checkcare paid for 100%. I would be happy to hear what false information I have given and I will certainly stop posting.

 

[Shay-Pari'e]

Actually, I would be willing to let you prove what you posted about SC's. Can you do that?

 

[pb1963]

Old News

03-08-2005, 02:57 AM
pb1963
Junior Member Join Date: Feb 2005
Posts: 22

Mil Div/Last Minute change to Adultry Yes/NO

--------------------------------------------------------------------------------

My husband is AD in Mil. Deployed this year for a total of months. Came home after 1st deployment 5/04 wanting divorce, wanting divorce. I went on vacation in 7/04 and come home and he suddenly stops coming home at all and one day with no explanation yet all of his stuff was still here. Mid August he has TDY and with what I now know to be girlfriend who is in his unit and was deployed with him in Jan - May. I filed for divorce in Sept but filed "irrec diff" rather than adultry because I didn't feel as though she was the reason for the divorce....he was deployed again 10/04 - 1/05 and we have had 4 or 5 agreements passed back and forth between attornies. We have finally agreed however there is a possibility I have serious medical problems and being that I was laid off from my job in January my lawyer instructed me not to sign the agreement because of the medical insurance issue. I will have no medical insurance. When his attorney found out about this he instructed my husband to file a motion to enforce the agreement even though I hadn't signed and even though both realize I will be left without coverage. Do I have any recourse? My attorney hasn't returned my calls and I really think he is just about useless anyway.....HELP??????

Also, can I change my original complaint to adultry at this late date?

What can I do to make sure I have medical coverage.....I am not trying to prevent the divorce, but he is trying to get remarried before being deployed again to get the extra money. HELLLLPPPPP?

Someome is taking this a bit personal it seems.......especially to add this to someone elses question.......my problems are ending.......someone elses are just beginning......especially when they have to buy their own ring.......