For many federal employees, military personnel, and government contractors, a security clearance is a vital part of their lives. Security clearances allow people to perform the essential functions of their jobs and advance in their careers. Obtaining them is an exhaustive process that requires paperwork, background checks, and more.
Acquiring more advanced security clearances necessitates even more detailed investigations. Being denied a clearance could have a massively detrimental effect on your career, either through preventing you from getting a promotion or being hired in the first place. However, you’re not out of options if this happens to you. Here is an overview of how to appeal a clearance denial and the steps you can take to help reach a favorable outcome.
Reasons Why Security Clearances are Denied
Security clearance applications involve, among other investigations, criminal background checks and credit checks. Common reasons for clearance denials include:
When you apply for a security clearance, a Central Adjudications Facility, or CAF, will investigate your background. If it finds potentially disqualifying information, it will send you two documents:
Letter of Intent: This is a warning that something in your background needs to be addressed, or your clearance will be denied.
Statement of Reasons: This document explains exactly what the CAF found in your background that needs to be addressed.
If you receive a Letter of Intent and Statement of Reasons, you only have 15 days to respond, so it’s crucial to act immediately. This means hiring an experienced security clearance attorney. To successfully appeal your denial, you must provide hard evidence that mitigates every allegation in the statement of reasons.
When you and your attorney provide evidence to the CAF, it will decide whether you’ve sufficiently refuted the claims in the Statement of Reasons. If so, your clearance will be granted. If not, you’ll receive two additional documents:
Letter of Notification: This document officially denies or revokes your security clearance.
Notice of Intent to Appeal: This gives you the option to appeal your denial one final time. You have 10 days to return the notice with your decision to appeal or not.
Final Appeal of a Security Clearance Denial
You have two options for appealing a security clearance denial:
A written appeal to the Personnel Security Appeals Board, or PSAB
A hearing before a Defense Office of Hearings and Appeals, or DOHA, administrative judge
The PSAB is the final decision authority for security clearances. If you choose to make a written appeal to them, you will have to send them any mitigating documents and statements within 30 days of returning the Notice of Intent to Appeal. The PSAB will review all documentation and make a final decision.
If you choose to make your appeal before a DOHA administrative judge, you will have a hearing in which you and your attorney can provide evidence and give statements. After the hearing, the administrative judge will make a recommendation to the PSAB, which will make a final decision based on the judge’s recommendation. If your clearance is denied, you may reapply in one year.
Schedule Your Security Clearance Attorney Consultation Today
The fundamental nature of a security clearance in obtaining many federal, military, or contract jobs makes having an experienced attorney by your side essential if your clearance is denied. James H. Shoemaker, Jr. has represented employees in security clearance appeals for decades.
Mr. Shoemaker serves Virginia Beach, Hampton Roads, and Washington, D.C. Call (757) 223-4580 today to schedule a consultation.
To successfully appeal your denial, you must provide hard evidence that mitigates every allegation in the statement of reasons. When you and your attorney provide evidence to the CAF, it will decide whether you've sufficiently refuted the claims in the Statement of Reasons. If so, your clearance will be granted.
You can appeal a decision if your security clearance is denied or revoked by DCSA Consolidated Adjudication Services (CAS) or an adjudication facility.
Federal contractors, civilian government employees and military personnel can reapply for a security clearance after a period of one year. Don't be discouraged by a previous denial. It's no big deal to reapply; it happens successfully all of the time.
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 require a wait of 24 months and others of 36 months. The most common length of time is 12 months.
An individual whose security clearance is being denied or revoked by the Government has the right to rebut and appeal the decision. Currently the process for doing this differs for people sponsored by Government agencies (civilian and military personnel) and people sponsored by cleared contractors.
You must have a real reason to appeal—it's not something to do lightly. The appeal is a written Appeal Of the Judge's Decision To Revoke/Deny your clearance; it's not done in person. Less than 1% of these appeals is successful. When your Security Clearance is revoked, you receive a list of reasons why it was revoked.
Statistical Data Overview. So exactly what is the chance your security clearance will be denied? We got some numbers for you on that. Between 2015 and 2020, about 2-5% of security clearance applications faced denial each year.
Mental incompetency or psychological conditions. Dishonorable discharge from the military or revoked security clearance. A history of financial problems. Criminal activity.
Accept A Federal Position Requiring a Security Clearance
You will need to check the requirements of the federal agency you will be joining to determine how long you must wait before reapplying for the security clearance. Agency wait times vary between 12 and 36 months.
The SF-86 form requests information back 7 years for employment and residence; however, to comply with the investigative standards, 10 years is required.
Security clearance costs vary depending on the level required: Confidential Clearance: The most basic level, ranging between $200 to $3,000. Costs are lower due to less intensive background checks. Secret Clearance: This mid-level clearance typically ranges from $3,000 to $15,000.
If you are a current federal employee, losing your security clearance is the easiest way to lose your federal career entirely. And for those who are applying to the federal service, having several public trust clearance disqualifiers on your record can torpedo even the most promising CV.
Yes. If a person previously had a clearance and the investigation has not gone out-of-date, the clearance can be reinstated by the agency that originally granted the clearance or it can be accepted and reciprocally granted by a different agency, provided there hasn't been a break-in-service of two years or more.
The Letter of Intent or LOI as it is called is a warning that something in your background Investigation will need to be addressed or your security clearance may be revoked or denied. The LOI is accompanied by a document called the Statement of Reasons (SOR).
So exactly what is the chance your security clearance will be denied? We got some numbers for you on that. Between 2015 and 2020, about 2-5% of security clearance applications faced denial each year.
For the majority of government employees, acquiring and maintaining a security clearance is a must. As a result, it is normal for many government employees to experience anxiety about their clearance, because if it is revoked or denied, they would most certainly lose their jobs.
“It's a significant factor,” the Defense Counterintelligence and Security Agency spokesperson said. For that reason, the person deciding your case won't necessarily deny your clearance application just because you have a low credit score. There is no specific credit score needed for security clearance.
However, clearance holders should be aware that you will likely be barred from applying for another security clearance for at least one year, regardless of whether or not you appeal the revocation. Some agencies will require that you wait two or three years.
Introduction: My name is Pres. Lawanda Wiegand, I am a inquisitive, helpful, glamorous, cheerful, open, clever, innocent person who loves writing and wants to share my knowledge and understanding with you.
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