how to appeal a security clearance denial attorney

Depending on the type of worker or if the applicant is a military service member, a security clearance denial can be formally appealed by requesting a hearing before an administrative judge or an appeals board. Here, the case will be heard and assessed.

Full Answer

Why is security clearance denied?

Jan 19, 2018 · Call John P. Mahoney, Esq., Attorneys at Law today at (202) 759-7780 to request a case evaluation and learn more about your options if you need to appeal a denial of security clearance. Contact John P. Mahoney, Esq, Attorneys at Law online or call (202) 759-7780 for a free 30-minute consultation. More than 25 years of experience in Federal Employment Law.

How to get an active DOD Secret clearance?

The trick is to be better prepared than the government’s attorney. Step Three: The Appeal. In the event that the judge denies the applicant his or her clearance, the appeal is one final step the applicant can take. Unfortunately, there is a common misconception that an appeal is effectively an opportunity to re-litigate one’s case.

What are security clearance requirements?

Oct 15, 2021 · Appealing a security clearance denial is a highly technical process. You need the right attorney by your side — your future could be on the line. Call (303) 688-0944 today to schedule your free consultation with one of Robinson & Henry PC's military law attorneys.

What is a security clearance letter?

Pursuant to this standard, as set forth by the U.S. Supreme Court, security clearance determinations should err on the side of denials. In the event of an adverse determination – whether in response to the written record or after a hearing, the contractor (as well as the Department Counsel) can appeal the adverse determination to the DOHA Appeal Board.

Can you appeal a rejected security clearance?

Appealing the Decision If you're a federal employee or a government contractor, you can formally appeal a security clearance denial. As a federal employee, you can request a hearing before the appeals board or administrative judge, where your case will be heard and evaluated.Nov 11, 2020

When a security clearance is denied or revoked the decision is final?

If the decision is to deny or revoke the security clearance, the individual has the opportunity to appeal the decision to the Appeal Board. The Appeal Board will review the case file and render its decision. This decision is final and concludes the appeal process.

What percentage of security clearances are denied?

You may even wonder if you should continue with the process, particularly if you're not getting a paycheck while you wait. But don't lose heart – 20-30% of all interim security clearances are denied, but that is vastly different than the figure of final clearance denials, which hovers around 1%.Nov 9, 2020

What happens if denied clearance?

WHAT HAPPENS IF MY CLEARANCE IS DENIED? If a clearance is denied, the individual must wait a minimum of one year before being again being eligible for consideration of a clearance.

What can cause a security clearance to be revoked?

Reasons for revocation Criminal sexual behavior, pornography and repeated, high-risk sexual behavior are all examples that suggest lack of self-control and trustworthiness to retain security clearance.Jul 9, 2021

What can get your security clearance revoked?

There are many reasons security clearances get denied or revoked....Mitigating personal conductNegative information was unsubstantiated or not pertinent to judgment, trustworthiness, or reliability.Falsification of information was an isolated incident and not recent.You voluntarily provided correct information.More items...•Nov 23, 2020

How often are secret clearances denied?

myth #1: Many security clearances are denied. Peregrine noted the rate of security clearance denials is incredibly low. Less than 1% of security clearances investigations result in denial. Individuals may not be eligible for an interim clearance, and they may have significant issues that need to be mitigated.Nov 25, 2019

Can you check the status of a security clearance?

If you're currently employed, checking on your clearance is easy – simply request your Facility Security Officer inquire about the status of your clearance. ... The Defense Information System for Security (DISS) can be used by your FSO to check your clearance status for Department of Defense security clearance holders.Mar 12, 2021

How hard is it to get a secret clearance?

Obtaining a security clearance is no easy task, and not everyone who applies will be granted access. ... Stringent suitability requirements, particularly in the intelligence community, weed out many unqualified applicants before they ever reach security clearance processing.May 21, 2015

What are disqualifiers for secret clearance?

Secret Security Clearance DisqualifiersAllegiance to the United States.Foreign Influence.Foreign Preference.Sexual Behavior.Personal Conduct.Financial Considerations.Alcohol Consumption.Drug Involvement.More items...

What is a statement of reasons response?

In the Statement of Reasons response, the applicant will indicate whether s/he desires an in-person hearing before an Administrative Law Judge or wishes to have the Judge make a decision solely upon a review of the applicant’s file and the applicant’s written response. (This assumes that the clearance is not administratively granted by an adjudicator upon review of the Statement of Reasons response). With rare exception, I do not advise applicants to forgo the in-person hearing. The human connection is a powerful one, and personalizing the applicant for the judge often pays dividends.

How to fight a security clearance denial?

The first step in fighting a security clearance denial is responding to a Statement of Reasons (also called a “Letter of Denial” or “Notification of Denial,” depending upon the federal agency in question). The Statement of Reasons tells the applicant the government’s exact concerns and allows the applicant an opportunity to respond in writing and hopefully mitigate those concerns. In some situations, the government will send the applicant a list of interrogatories (questions) to answer prior to issuing a Statement of Reasons. In either case, there are two important things to understand: (1) an effective response to the Statement of Reasons can result in the granting of a clearance without the need for a formal hearing – saving the applicant significant time and money; and (2) the applicant locks him or herself into a story (and thus a defense) with his or her response. Some applicants try to save money by responding to the Statement of Reasons themselves and then hiring an attorney to “fix things” at the formal hearing. Doing so severely limits the attorney’s effectiveness because the applicant has now boxed the attorney into his or her (sometimes inartful) answers. Ironically, fixing problems is also frequently more expensive than preventing them.

What is a security review?

The Department of Defense Central Clearance Facility (DoDCAF) acts as the agency adjudicator for most government contractors and civilian and military employees. DoDCAF is located in Fort Meade, Maryland, and is charged with processing security clearances for most federal employees and government contractors. DoDCAF will then review the case in order to determine whether a security clearance shall be granted or, alternatively, whether a Letter of Intent (LOI) to deny should be granted. Security clearances handles by other federal agencies, such as CIA, NSA, DIA, NGA, etc., follow a similar path at this point.

What is the DOHA appeal board?

On appeal, the DOHA Appeal Board will defer to the AJ’s credibility determinations. The DOHA board is comprised of three DOHA lawyers and/or AJs. The DOHA Appeal Board can affirm, revise, or remand (send the case back to the AJ for further consideration).

Security Clearance Attorneys

If you have been denied security clearance, a lawyer from our firm can help you take action by appealing the denial. Due to the fact that the government defaults to security clearance denial when it is unclear if a person is fit for clearance, many people are denied every year in the United States.

Skilled Attorneys Appealing Security Clearance Denials

The best thing you can do to ensure a security clearance appeal is to retain the services of an experienced security clearance attorney early in the security clearance application process.

Why do we need security clearance?

The Department of Defense uses security clearances to determine who is eligible to view classified information. This eligibility can be an important factor in gaining employment in both public and private sector jobs. For example, a contractor for an airplane manufacturer might need clearance to work on U.S. government planes.

What is a SOR letter?

The SOR itemizes the specific reason or reasons your security clearance was denied, and should offer some insight into whether an appeal is possible.

How to write a letter rebutting a denial?

You have 20 days to write a letter rebutting your denial. You might also have to follow additional protocols. For example, if you applied for security clearance through your employer, your employer might require that you send a copy of all rebuttal-related documents to human resources, or that you notify a company representative of your rebuttal. If you don't follow protocol, you may lose your right to appeal. Draft your initial rebuttal, keeping your prose short, direct and to the point. Do not offer opinions or character evidence. Instead, state specifically and succinctly why your denial should not have happened. For example, if the denial was due to inaccurate information, you can provide counter evidence, while a denial due to an incomplete record demands that you supplement the record.

What does it mean to be granted a hearing?

A hearing means you'll get to offer evidence, challenge claims made by the Defense Security Service, and get a fresh review of any evidence against you. If you're granted a hearing, you'll need to be prepared with evidence that backs up your claims in your rebuttal.

What happens if you don't follow protocol?

If you don't follow protocol, you may lose your right to appeal. Draft your initial rebuttal, keeping your prose short, direct and to the point. Do not offer opinions or character evidence. Instead, state specifically and succinctly why your denial should not have happened. For example, if the denial was due to inaccurate information, ...

Who is Van Thompson?

Van Thompson is an attorney and writer. A former martial arts instructor, he holds bachelor's degrees in music and computer science from Westchester University, and a juris doctor from Georgia State University. He is the recipient of numerous writing awards, including a 2009 CALI Legal Writing Award. Photo Credits.

What is a LOI?

The LOI is a preliminary, tentative decision and will contain a “Statement of Reasons” detailing the issues that are the basis of the decision. The LOI contains instructions on how to request a copy of the investigative le on which the decision to issue the LOI was based.

What is the adjudication process?

The adjudication process is the careful weighing of a number of variables known as the whole person concept. All available, reliable information about the person, past and present, favorable and unfavorable, should be considered in reaching a determination.

What is voluntariness in psychology?

The voluntariness of participation; The presence or absence of rehabilitation and other pertinent behavioral changes; The motivation for the conduct; The potential for pressure, coercion, exploitation, or duress; and, The likelihood of continuation or recurrence.”.

What is national security law?

The National Security Law Firm provides nationwide representation to those who have been denied a security clearance or their clearance has been revoked. The experienced law firm has successfully assisted numerous government contractors, military personnel, and federal government employees in every stage of the security clearance process by providing effective legal representation.

How long does it take to get a security clearance?

Federal government agencies can take as much as six months to approve a security clearance application. When a clearance denial has been received, the applicant will be issued a notice called a “Statement of Reasons”, also referred to as a SOR.

Is it difficult to get a security clearance?

It is no surprise the process for obtaining security clearance with the federal government can be a very daunting and challenging experience. After all, when applying for either confidential, secret, or top secret clearance, the applicant’s personal and professional life will be thoroughly analyzed and interpreted.

What happens when a security clearance is denied?

When a security clearance has been denied, the National Security Law firm can represent the employee or military member through the appeal process before the DSS, DOHA, or the government agency processing the clearance. Employees and military members seeking national security clearance must take the appeal process extremely seriously, ...

Can you appeal a security clearance?

When a petition for national security clearance has been denied, there will always be an opportunity to appeal the decision. Depending on the type of worker or if the applicant is a military service member, a security clearance denial can be formally appealed by requesting a hearing before an administrative judge or an appeals board. Here, the case will be heard and assessed.

What is a disqualifying factor?

The disqualifying factor occurred as a result of circumstances not in the applicant’s control. There are a number of mitigating factors that could increase the applicant’s eligibility for access to classified information and grant him or her national security clearance.

What does a skilled attorney do?

A skilled attorney will ensure that the written response to the applicable government agency has been adequately researched, is clearly stated, and is fully inclusive in mitigating the concerns of the agency, which will result in a security clearance approval.

Why do you need a security clearance?

Federal employees, military members and government contractors are often required to obtain and hold a security clearance in order to maintain their sensitive position with the government or a secured contractor.

What is team oriented philosophy?

Our team-oriented philosophy encourages open and ongoing communication with every attorney, paralegal, and other support staff working with each client ensures we understand their goals. Our commitment to you means meeting your objectives, working attentively and persistently toward your success, and efficiently adjusting to your changing needs.