Certain occupations in the private and public sectors will require you to obtain a federal security clearance. These are commonly required in law enforcement, intelligence, the defense industry, security, and other federal positions. Without obtaining a security clearance, you may be unable to perform certain tasks that are part of your job position. The Federal Practice Group assists clients facing legal issues related to security clearances.

During your career, you may periodically be part of a review, background check, or misconduct investigation (for example). If you pass any of these assessments, you could lose your security clearance, and subsequently your job position. If this is something you are concerned about, you may want to retain a security clearance lawyer in DC. For years, we, at the Federal Practice Group, have been helping clients who are trying to restore or maintain their security clearance. From our firm located in Washington, DC, our security clearance attorneys have represented men and women throughout the United States and abroad. To find out how we can help you, please call a DC security clearance attorney now.

Application process

Any employee who is in a position that requires access to sensitive data, information, or a restricted area must pass a security clearance. The process begins with the completion of a request called the Standard Form 86 Questionnaire or Electronic Questionnaire for Investigative Action. Any information provided in any form is deemed to be done voluntarily. However, it is wise to answer truthfully. Once completed, it is usually sent to the Department of Defense or the Office of Personnel Management for review and consideration. Appeal a security clearance that has been denied or revoked.

Anyone with a security clearance has a responsibility that should not be underestimated. This clearance is the federal government giving you access to information that is private or confidential. A suspended, revoked, or denied clearance may result in your inability to work. It may also prevent you from getting promotions or other positions that require a clearance beyond what you already have. This outcome is certainly possible, which is why you should have a security clearance lawyer in DC. We understand how important a security clearance is, and we will make it our goal to protect your career – and by extension, your life, your family, and your future.

It is possible to file an appeal. These cases are usually not easy but can be won with strategy and proper defense planning. Having the right DC security clearance lawyer can make the big difference between keeping your security clearance, as well as your job, and losing it. We represent federal employees and contractors. If you are a federal employee, a Department of Defense contractor, or another worker with a federal security clearance, and you are denied a security clearance, your career is at risk. You have the right to file an appeal, denial, or rescission. You can represent yourself at the hearing and argue your right to keep your clearance. To get started, please call a DC security clearance attorney now.

Established after Elizabeth Newman joined the firm in 1990, the security clearance practice at Kiljarvi, Chozzi, Newman & Fitch, P.C., has provided timely and knowledgeable advice on resolving security clearance issues for more than 32 years. . Newman, a nationwide expert on security clearance law until his retirement in 2015, authored the firm’s long-running publication Security Clearance Law and Procedure (DEV), most recently published by Elaine Fitch and Mary Kuntz in 2021. What was the update? Newman was also a founding member. Served as a faculty member of the National Security Clearance Lawyers Association and the DC Bar’s Continuing Legal Education Program, “How to Effectively Represent Your Client in Security Clearance Cases,” and Vice Chair of the ABA Defense and National Security Committee. . You can read more about Newman’s many contributions to the legal field here. His expertise and dedication are the foundation of the firm’s security clearance practice today.

Government employees, contractors, and military members are increasingly required to obtain security clearances as a condition of employment.

A security clearance investigation examines an individual’s loyalty, character, reliability, and trustworthiness to ensure that the individual is qualified to access national security information. Issues such as financial problems, arrests for driving under the influence, failure to be completely truthful on a security application, dual citizenship, drug and alcohol problems (including marijuana/CBD use that is legal under state or local law), Psychological problems, and being from foreign countries may prevent an applicant from obtaining or holding a clearance or public trust qualification. These issues can also prevent employers from hiring the best-qualified candidate for the job.

Suitability or fitness is the character or conduct of a person that may affect the integrity or performance of a service. Some of the criteria used to assess suitability are those used to determine eligibility for clearance, including a history of misconduct or neglect in previous positions; Violation of the law; lying; alcohol-related problems; illegal drug use; And trying to overthrow the US government by force.

Our attorneys, Elaine Fitch and Mary Kuntz co-authored the 5th edition of Security Clearance Law and Procedure with the help of Elizabeth Baker Pham and Aaron Harriers Suit.

Security Clearance

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Serving clients in Virginia Beach, Hampton Roads, Washington DC, and throughout the United States

We provide legal assistance and representation to federal government civilian employees, government contractor employees, and active duty military members in matters related to obtaining security clearances, positions of public trust, and special access program reviews. There are many civilian and military positions in which the ability to maintain a security clearance is critical to a successful career.

If your security clearance has been denied, we can provide effective representation to get your career back on track. Please call 888-852-9367 to discuss your claim with employment attorney James Shoemaker today.

What to Expect in a Security Clearance Case

Requesting a hearing is usually very important in your security clearance case. In most cases, administrative judges deny clearance where a hearing has not been requested. For most people, their career and work experience are the most valuable assets they have. When facing a career risk such as the loss of a security clearance, investing in an experienced advisor may be the most important step you can take. Rather than waiting, it’s important to hire an attorney early in the process.

The decision to deny approval to a public servant is a complex process. If this is not clearly understood, and the employee’s position is not aggressively advocated, the chances of a successful resolution are very low. A summary of the timeline in a typical case is as follows:

  • The Central Decision Making Facility (“CAF”) issues a Letter of Intent (“LOI”).
  • The employee has an opportunity to respond to the LOI.
  • CAF sends a Letter of Denial/Cancellation (“LOD”) to the employee.
  • The employee appeals to the LOD.
  • The administrative judge issues a recommendation.
  • The Personal Security Appeals Board issues a final decision.

You should act in consultation at the LOI stage. After an administrative judge issues his or her recommendation, it is extremely difficult to try and win a security clearance case on appeal. Requesting a hearing before an administrative judge is extremely important.

Types of Security Clearance

There are three different types of security clearance:

  • Secret: Provides access to information or material that could harm national security if disclosed without proper clearance. Secret clearances are re-evaluated every 15 years.
  • Secret: Permits access to information or material that could seriously harm national security if disclosed without proper clearance. Secret clearances are re-evaluated every 10 years.
  • Top Secret: Permits access to information or material that could seriously harm national security if disclosed without proper clearance. They are re-evaluated every 5 years.
  • The DoE issues two additional types of clearance: “Q” clearance and “L” clearance.
  • Q Clearance allows access to classified information. This may give an employee access to data commonly referred to as Top Secret Restricted Data. Q Clearance holders also have access to previously restricted data and specific national security information.
  • The L clearance allows the employee access to classified Formerly Restricted Data (FRD) and national security information. They can also access classified restricted data, previously restricted data, and national security information.
  • Many positions require a special designation, which is not a clearance. These include the designation of Sensitive Compartmented Information (SCI) or “Public Trust”.
  • Positions that require an SCI designation are often found in the intelligence community. These are given to employees who need access to content restricted to compartmentalized channels.
  • Public Trust positions require employees with a specific knowledge base. It may also require employees who have demonstrated high loyalty to the government. Such positions may include public safety and health workers, federal police officers, and immigration, customs, border, and port protection agents.

Factors Determining Eligibility

The ultimate determination of whether granting or continuing eligibility for security clearance is clearly consistent with national security interests must be an overall common sense decision based on careful consideration of the following guidelines, which Each of these will be reviewed. The context of the whole person.

For any conduct that may disqualify someone, the administrative judge is advised to consider the following:

  • Nature, extent, and seriousness of the conduct
  • Circumstances surrounding the behavior
  • Behavioral frequency and recency
  • The age and maturity of the person at the time of the conduct
  • The extent to which participation was voluntary.
  • Presence or absence of recovery and other permanent behavioral changes
  • Behavioral motivation
  • Potential for pressure, coercion, exploitation, or coercion
  • Likelihood of recurrence
  • For those who already hold a clearance that contains adverse information, the judge will likely consider whether the individual:
  • Information is provided voluntarily.
  • The answers were truthful and complete.
  • Seek help and follow professional guidance.
  • The security concern has been resolved or appears to be resolved satisfactorily.
  • Demonstrated positive changes in behavior.
  • Their access to the final decision should be suspended.

Security Clearance Defense

From your first thoughts about applying for clearance to requesting assistance in completing the Questionnaire for National Security Positions (SF86/e-QIP), through your final clearance decision, JAG Defense Lawyers will guide you. can help you in case of

Our security clearance attorneys have experience with virtually every agency that conducts or is involved in clearance investigations and decisions: DoD (and each branch of service or central decision-making facility), DSS, DISCO, OPM, DOHA, DoS, DoJ, DoE, DHS, TSA, CIA, NSA, NASA, and others. Whether you are a government employee (military or civilian) or an employee of a company that contracts with the government, regardless of clearance level or related access, and regardless of whether a federal agency decides your clearance. . Rahi Hai – JAG defense attorneys have the necessary background and experience to help you.

Further, JAG Defense will advise you whether it is in your best interest to consider applying for or accepting a position that requires clearance or access to a special program. For most people, “lose clearance, lose job” are applicable terms, so it’s best to determine whether or not you’re eligible for clearance before making an important career decision. There is an opportunity.

While browsing the JAG Defense website, we encourage you to view our list of representative cases to see the types of situations and agencies we have helped clients with. . You can also download court opinions/decisions of actual cases handled by our lawyers by visiting our Security Clearance Decisions webpage. Also, please review our Frequently Asked Questions webpage, where we have listed the most common questions we receive regarding the security clearance. Most importantly, we encourage you to review the biographies of our attorneys.

 Unlike many other law firms that practice security clearance law, at JAG Defense you will work exclusively with licensed attorneys rather than paralegals. When you call JAG Defense, you will speak with the specific attorney handling your case, rather than a member of the attorney’s support staff. At JAG Defense, our security clearance defense attorneys pride themselves on giving each case personal attention.

If you feel that you need representation in a security clearance matter, please do not hesitate to contact JAG Defense for a consultation with a security clearance defense attorney today.

Representation for employees in Washington, DC, Virginia, and Maryland

If I am charged with reckless driving or drunk driving, will this affect my security clearance? Will filing for bankruptcy give the government a reason to suspend my security clearance? Will filing for divorce affect my security clearance?

Many people who live in Virginia, Maryland, and Washington, D.C., are employees who need security clearances to complete their jobs. However, a number of things, including bankruptcy, foreign influence, immigration status, DUI arrests, and criminal charges, can affect an employee’s eligibility for a security clearance or cause an individual’s security clearance to be revoked or suspended. If you are faced with this situation, it is important to contact an experienced security clearance attorney as soon as possible.

At the law office of Hogan & Pritchard, PLLC, we have more than 30 years of experience protecting the rights of our clients. Our focus on both employment law and criminal defense matters helps ensure that we are able to address the big picture when individuals approach us. We fight to have criminal charges reduced or dismissed, and we help employees defend their security clearances.

Federal Security Clearance Denial Lawyers in Fairfax

If the federal government is threatening to suspend your security clearance, you may be required to appear before the Defense Office of Hearings and Appeals (DOHA). Persons who were denied clearance may also be required to appear before DOHA.

Our attorneys have experience representing employees and employers, and we can help protect your future and your employment options.

How do I get a security clearance?

Only federal employees are assigned to positions that require a security clearance. If you have a job that requires a security clearance, your employer will let you know and walk you through the process of getting your clearance.

Originally, there were five levels of security clearance that federal employees could obtain. However, the Trusted Workforce 2.0 program completed security clearances and strengthened tiers 1 and 2 as well as tiers 3 and 4. As a result, federal employees now only have three levels of security clearance to worry about.

The grades cover the following factors:

  • Tier one security clearances are for low-risk, non-sensitive federal jobs, or positions of moderate public trust.
  • Tier Two security clearances are for non-critical sensitive national security positions (includes the general “L” class security clearance) and high-risk public trust jobs.
  • Tier Three clearances are for highly sensitive and especially sensitive national security designations, such as “Top Secret,” “SCI,” or with “Q” level clearance requirements.
  • The process of obtaining a security clearance itself varies significantly depending on the level of clearance the applicant wishes to obtain.
  • Once you receive your clearance, you will be subject to periodic re-examination and continuous testing. If you fail to pass one of the continuous screening procedures or an investigation of your conduct reveals any irregularities, your security clearance may be revoked.
  • As with the denial of a security clearance, it is possible for federal employees to appeal the revocation of a security clearance depending on the circumstances of the case and their job requirements.

How to Appeal a Security Clearance Denial

Everything from traffic tickets, to debt, and even personal issues like gambling addiction can play a role in the government’s decision to deny, suspend, or revoke a security clearance. In today’s heightened security environment, it is not unusual for the government to scrutinize your background and affiliations in great detail.

If your application is denied, or your clearance is suspended or revoked, we can help you navigate the appeals process and advocate on your behalf. Our skilled security clearance attorneys can identify mitigating factors and present a compelling case that can prove your security clearance eligibility.

How to Prepare for Security Clearance

The security clearance process is tough. However, if you are well prepared, you can help prevent potential problems with pre-security clearance. Here are some helpful tips:

  • Ask for copies of your consumer or credit report files.
  • Understand your financial situation and loan amount.
  • Be careful when posting online and on social media.
  • Keep a detailed record of your travel abroad
  • Answer the security clearance form carefully.
  • Be honest in all aspects of the process
  • Submit relevant documents ahead of time.
  • Contact our employment lawyers for proactive legal advice.
  • Schedule a consultation

When is security clearance terminated?

A security clearance expires when a person permanently leaves the job or position that requires it. Cleared individuals who remain in their positions but no longer need access to classified information – and who do not expect to need it in the future – may have their clearances reduced or withdrawn. This is done through administrative processes.

What are security clearance levels?

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There are three basic levels of security clearance. These levels are secret, secret, and top secret. Position sensitivity largely determines the level of security clearance.

The criteria for obtaining clearance do not differ between clearance levels. However, the depth of investigation varies and may involve more or less research in your situation.

No matter what level of clearance you are applying for, be sure to review the adjudication criteria. These guidelines form the basis for determining whether you should receive clearance.

Can security clearance be reinstated after expiry?

A lapsed security clearance may be reinstated under certain circumstances. This depends on whether the investigation is outdated and if the clearance includes special access. The duration of break-in service and/or break-in access also plays a role.

What is an interim security clearance?

Interim approval is granted on a temporary basis. This usually allows a person to access classified material up to their interim clearance level. Also known as interim clearance, interim clearance is granted based on meeting minimum investigative requirements. The purpose is to allow a person to have access to classified material until full investigative requirements have been met for its final clearance.

What non-U.S. citizens get a security clearance?

No, you must be a US citizen to be eligible for security clearance. In some rare cases, a non-U.S. citizen may be granted access to classified information at the classified level through a Limited Access Authorization (LAA).

Clearance holders and applicants

  • Our security clearance attorneys represent clearance holders and applicants at every stage of the security clearance process, including:
  • Completing the SF-86, SF-85P, and other related forms
  • Preparing for an interview with an investigator
  • Answering inquiries
  • Advise employees on what to expect on a polygraph exam.
  • Responding to a Statement of Reason (SOR) or Letter of Intent (LOI).
  • DOHA Hearings and Personal Appearances.
  • Appealing adverse decisions to the DOHA Appeals Board
  • Appealing adverse decisions from the CIA and other intelligence agencies
  • Appearance at the Personal Security Appeals Board.
  • Employers and Clearance Sponsors
  • We advise employers who want to avoid unnecessary delays in obtaining clearances for their employees and maximize the likelihood that their employees will obtain the clearances they require.
  • Work to obtain and maintain a security clearance, suitability, and fitness for employees and applicants

Worldwide Legal Assistance with Federal Security Clearance

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Some jobs in the government sector require a federal security clearance. Whether you work in the defense industry, in intelligence, in law enforcement, or in a variety of federal positions, you may need a security clearance to be able to perform specific tasks that require You were hired.

Periodic reviews and background checks, or allegations of misconduct on or off the job, could result in the loss of your clearance – and could result in the loss of your job. Gilbert Employment Law, P.C. At, we assist clients seeking to obtain, maintain, or restore their federal security clearance.

Appealing a Revoked or Denied Security Clearance – Federal Employees

The responsibility that comes with security clearance is serious. Basically, the federal government is giving you limited access to private or confidential information. If your clearance is suspended, revoked, or denied, your job security is probably your biggest fear. Will you lose your job if you lose your clearance? This unfortunate outcome is certainly possible, which is why representation by experienced attorneys in security clearance matters is essential.

Our mission is to protect you and your career. We understand how important your clearance is to your life. You can count on our highly respected attorneys to advocate for you – and by extension, for your family and your future. We are here to stand up for you against the massive bureaucracy of the federal government.

The first step in attacking your clearance, if you already have one, is a notice of intent to revoke. Responding to this notice in a timely and complete manner is an important and necessary first step in maintaining your clearance. If your clearance is revoked, you will have a significant opportunity to appeal. This appeal will likely be a “personal appearance” before your agency’s personnel appeals board or before the Department of Defense’s Office of Hearings and Appeals.

The attorneys at Gilbert Employment Law, PC have experience fighting for their clients facing the loss of clearance. Although these cases are difficult to ascertain, having an experienced attorney can make the difference between your clearance and losing your job, keeping your clearance, and continuing your career.

Even while your security clearance review is pending, before a decision is made, the agency may recommend that you be suspended from work indefinitely, pending a decision, because you lack the required clearance. Can’t do their job without it. Such a recommendation and suspension is an adverse action that may entitle you to countervailing rights and an appeal to the MSPB.

We advise and represent government contractors and employees in applying for clearances and responding to administrative actions, including security clearance appeals. We show you how to stay active. We listen to you so we understand your situation. We review and analyze alternatives with you and recommend steps to improve your chances before final consideration and decision on a security clearance appeal. We help you make sound decisions and powerful presentations to secure a favorable commitment.

We are attorneys for attorneys, consulting law firms handling non-clearance matters, such as DUIs, DWIs, divorce, and bankruptcy. We explore the consequences of charges and consequences on their client’s clearance and ways to contain those consequences.

Defense Contractor Security Clearance Practices

Our security clearance attorneys assist companies whose clearances have been questioned. We have advised companies on the system and structural improvements to meet facility accreditation guidelines, published in the National Industrial Security Program Operating Manual.

Individual Security Clearance Practice

Our individual security clearance appeal clients, those who have received a Statement of Reasons or Letter of Intent, reside primarily in DC, Maryland, and Virginia. But we also recently regularly handle security clearance denials for clients in Florida, California, Massachusetts, New Jersey, Ohio, Washington, and overseas. We can also tell you how to complete the SF-86 (also called the e-QIP if completed online) and the SF-85P.

Security Clearance Appeals

We represent you through proceedings in a range of federal agencies and offices, including DOHA, CIA, NSA, NASA, DOE, DOJ, DOHS, ICE, State Department, and DODCAF. If you received a Statement of Reason or Letter of Intent, visit our page describing the appeals process and contact us.

Some recent achievements of ISCR

Note: Most decisions in government employee cases, including those of the NSA, CIA, DIA, NRO, State Department, Defense Department, etc., are unpublished and the actual decisions are in any case brief and largely unexplained in terms of issues and evidence. are informative. . . The Department of Defense Office of Hearings and Appeals (DOHA) publishes its contractor (ISCR) cases and below you will find samples of DOHA cases we have won over the past decade. You should understand that we also lose cases and that there are many variables in determining how a case will be decided, including but not limited to the scope and nature of the stated concerns that led to the proposed adverse action. ,

 the specific facts that can be proved. The person is appealing, and the description and focus of the appeal are offered.

  • Foreign Loyalty, Passport (France, Ecuador, Cuba)
  • Foreign Preference, Personal Behavior, Foreign Influence (Colombia)
  • Foreign Influence (Lebanon)
  • Foreign influence (S. Korea)
  • Foreign influence (Iran)
  • Foreign influence (Iran)
  • Foreign influence (Iraq)
  • Foreign influence, divided loyalties (Israel)
  • Foreign influence (Brazil)
  • Foreign Influence (India)
  • Foreign Influence (India)
  • Foreign Influence (India)
  • Foreign Loyalty, Passports, Contacts, and Investments (India)
  • Foreign influence (Egypt)
  • Foreign influence (Jordan)
  • Foreign Influence (Taiwan)
  • Foreign influence, personal conduct, criminal conduct (Russia)
  • Foreign Influence (Nigeria)
  • Foreign influence (Pakistan)
  • loan
  • Debt (Unfiled Taxes)
  • Debt and behavior
  • loan
  • Child pornography and conduct
  • Drugs, alcohol, criminal behavior
  • Drug use
  • Drug use while clean
  • False statements and drug use
  • False statements and drug use while cleared
  • Alcohol, criminal behavior
  • Information Technology and Behavior
  • Personal behavior and criminal behavior
  • False statements and drug use
  • Don’t make these mistakes with the security clearance process.
  • This is serious business.
  • The first mistake people make in national security clearance cases when they receive a written statement of reasons is failing to understand the seriousness of the written notice, the SOR. Often people read the allegations and are told by the FSO or S2 that they just need to write back to the government with an explanation. Some people often do this in one or two pages and some write their “letter” by hand.
  • Then they send a “response letter” and receive a rejection. His job and career are now in jeopardy. The mistake is that they failed to respond to the statement of reasons in the proper format. They trusted an FSO with their job and career – not necessarily as part of their duties to provide guidance in this important work.
  •  Edmonds Law Firm files responses that are often 30 pages in length and include exhibits and legal briefs. Attorney Alan Edmonds has been handling both civilian and military national security clearance matters for over 40 years. Our firm has offices from coast to coast ready to assist.

Do not opt-out of the formal hearing.

The next mistake that is very serious and causes the denial of a security clearance application is when a person waives his right to a formal hearing. People are afraid of the courtroom – so they skip the hearing and choose to submit more written material instead. This is a huge mistake. A formal hearing with an attorney is your best chance to win clearance. If you are from a foreign country, in my opinion, a formal hearing with a lawyer is essential. The language problem becomes more serious when someone from another country tries to communicate with a judge and an American attorney in court. . The judge is not there to help you and the public prosecutor who was nice to you on the phone before the hearing will now become very aggressive and work to take away your clearance or make sure that The clearance you applied for was not received. . . The lesson is twofold. Never waive a hearing and never attend a formal hearing without an attorney.

Don’t do it yourself.

The security clearance process is fraught with deadlines, written requirements, evidentiary issues, and preparation issues. The time limit does not allow enough time for individuals to learn the process. A judge and public prosecutor are not required to help you get your clearance. In fact, the entire process from start to finish is about preventing your clearance from being revoked or denied. People confuse the purpose of action. It is not a friendly environment. You should not discuss your case with a public prosecutor whose only job is to take away your clearance.

If your job, career, and family are important, get help if you receive a counterclaim. Or when there is a question from the government. Call Edmonds Law Firm and get peace of mind. The cost is much less than losing your job and your salary.

A court hearing is all about preparation.

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One of the saddest sights to see is someone who represents themselves at a security clearance hearing unprepared. They don’t have evidence ready, they haven’t thought through what they are going to present to the judge and they don’t know how to handle an aggressive public prosecutor. Both the government attorney and the judge will interrupt your presentation. They will ask questions right in the middle of your testimony. what are you going to do? You are all alone and the insults and questions leave you completely speechless for your only day in court. You will leave the courtroom completely embarrassed and defeated.

You saved money by not retaining a lawyer, but you may have lost your job. I received many calls from people who represented themselves after going to court. The story is often the same. They didn’t say what needed to be said. He failed to produce evidence and allowed the public prosecutor to insult him at the hearing. If you go to a hearing, be prepared. If you don’t know how to do this – retain a lawyer.

Frequently Asked Questions

Do I need to hire a security clearance lawyer in DC if I am denied clearance?

Our security clearance attorney in DC can help those who have been denied government employment based on a perceived security issue. A frustrating aspect of the security clearance process is that the goal is to weed out potential candidates – not encourage them. Because of this approach, many qualified candidates are unfairly turned away. Without obtaining legal representation from a security clearance attorney, a DC resident cannot make progress toward overturning the denial. Those who choose to represent themselves at an appeals hearing are often unprepared for the onslaught of cross-examination and concerns presented by experienced government attorneys. As a result, the court does not rule in their favor and they do not get the work they deserve. Our security clearance attorney in DC can help you navigate this situation to a positive outcome. Call the Federal Practice Group to learn more.

Is Hiring a Security Clearance Lawyer in DC Expensive?

Like any other qualified and experienced professional, a DC security clearance lawyer charges for his legal services. What an individual must consider is the cost of an attorney versus the loss of a coveted federal job and the salary to attend. Obviously, some jobs pay more than others so this is a general guideline that should be considered on a case-by-case basis. We welcome you to contact our DC for an estimate of the costs associated with hiring our DC.

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