Our firm offers nationwide protection for military and government security clearance denials and appeals. Losing your military or government security clearance can have a severe impact on your career. This is why it is of the highest importance that you receive expert advice from an experienced security law attorney.
We have helped clients gain security clearance for a wide variety of companies. These include:
- Lockheed Martin
- BAE Systems
- Northrop Grumman
- General Dynamics
- L-3 Communications
There exist a litany of reasons why you may be denied security clearance or experienced revocation of your military or government security clearance.
These may include a charge of allegiance to a foreign country, otherwise foreign influence, sexual behavior, personal conduct, alcohol consumption, drug involvement, psychological conditions, criminal conduct, and handling protected information. Some outside activities and misuse of IT systems can also cause issues.
In some cases, financial issues could cause a suspension, revocation or denial.
How to Appeal a Military or Government Security Clearance Denial
When you have been denied military/government security clearance, you will receive a Statement of Reasons, which explains why the clearance was denied or revoked.
Many applicants who receive a Statement of Reasons fail to follow through with the appeals process. This can be detrimental to your career and ignores the rights you have been given under the law.
Responding to the SOR
You have a right to appeal your security clearance denial or revocation. To do so, you must file a written rebuttal to the Statement of Response within 20 days from the date you receive the SOR. You can request an extension during this process, but you must have a valid reason or you request will be denied.
When responding to the SOR, you can do so with or without a request for an administrative hearing. Your rebuttal must include a detailed answer that admits or denies each allegation listed on the SOR while providing information that rebuts, explains, or mitigates each listed allegation.
You will file your SOR rebuttal with the Department of Defense, Consolidated Adjudication Facility (DoDCAF) or Department of Hearings and Appeals (DOHA). Once the DOHA has received your SOR rebuttal, the department will send you a File of Relevant Material (FORM).
Once you have received the FORM, you typically have 20 to 30 days from that date to submit a written response. This response can set forth objections, rebuttals, mitigations, or explanations to each charge as appropriate.
Your responses to the SOR and FORM will be reviewed by the DOHA. If upon that review, the allegations against your security clearance are deemed to be unfounded, and evidence is insufficient for further processing, the denial or revocation will be lifted and your clearance will be granted.
In some cases, your case will be assigned to a DOHA Administrative Judge (AJ), who will consider the case either with or without an administrative hearing.
A Hearing Before an Administrative Judge
A security clearance hearing can either be requested by you (the applicant) or a DOHA attorney.
If a hearing is requested, you will be notified at least fifteen days in advance. The hearing will typically be held at a location in a major city and near your place of employment or residence.
You must appear at the hearing in person either with or without an attorney or personal representative.
Before the trial, you may request relevant evidence, documents, and information from the DOHA attorney, and they may do so of you. Witnesses may be called and all evidence is subject to cross-examination. A transcript will also be made during the hearing.
How Important is it to Have a Proper Representation?
From the moment your government or military security clearance has been denied, you must act quickly. You can go through the process of appealing your denial or revocation all on your own, but this leaves you open to costly mistakes, which can hurt your chances of receiving a favorable decision to your appeal.
A security clearance attorney can help you respond accurately to your SOR and can work with you to file the proper documentation and attend administrative hearings while providing you with much-needed peace of mind along the way.
Appealing a security clearance denial or revocation is not something you want to take lightly. Only an experienced lawyer can navigate security clearance law and help you appeal the decision with speed and efficiency.
Our attorneys are ready to aggressively represent you for all cases involving military or government agencies. Call today to schedule a free consultation.