How to Appeal Security Clearance Denial
If you are a current or aspiring federal employee or government contractor, chances are you won’t be able to do your job without obtaining a security clearance first. Many people in the United States rely on security clearances to perform their duties and advance in their careers.
However, obtaining a security clearance isn’t as easy as filling out some forms and waiting for approval. In some cases, an application for a security clearance may get denied.
After the denial of your security clearance, you may not know where to turn for help. As a security clearance attorney at Schrameck Law, P.L.L.C., I help people understand their options to appeal the denial of their security clearance so that they can obtain employment and contribute to our country's prosperity.
What Is Security Clearance?
A security clearance is an authorization granted to individuals that allows them to access and manage classified information. Obtaining a security clearance usually requires a thorough background check. It serves as a vetting mechanism to ensure that individuals entrusted with confidential information can maintain its integrity and confidentiality.
The clearance process involves a detailed background investigation to assess the applicant's loyalty, character, reliability, and trustworthiness. Meeting these criteria helps ensure that the individual will not pose a risk to national security.
What Jobs Require Security Clearance?
This clearance is typically required for federal employees, government contractors, and military personnel. Security clearance is often required for jobs that involve access to sensitive or classified information, predominantly within federal government agencies like the Department of Defense, Department of Homeland Security, and intelligence agencies such as the CIA and NSA.
Additionally, contractors working with these departments or agencies may also require clearance. Roles vary widely from IT specialists, engineers, and scientists to translators, logistical support, and administrative positions.
Three Levels of Security Clearances for Federal Employment
Federal employment offers three levels of security clearances, each correlating to the sensitivity of the information you'll access:
Confidential - Grants access to information that could cause damage to national security if disclosed without authorization.
Secret - Provides access to information that could cause serious damage to national security if disclosed.
Top Secret - It is the highest level of security clearance as it gives access to information that could cause exceptionally serious damage to national security.
Understanding these distinctions helps applicants align their job aspirations with the necessary clearance level, ensuring preparedness for the vetting process.
Reasons Security Clearance Can Be Denied
Security clearance can be denied for several reasons, including:
Drug use: Illegal drug use or addiction can be a red flag.
Alcohol consumption: Excessive alcohol use could impair judgment.
Foreign influence: Close ties with foreign nationals or financial interests abroad.
Lack of allegiance to the U.S.: Involvement in activities that question your loyalty.
Untrustworthiness or questionable judgment: History of irresponsible behavior.
Sexual behavior: Conduct that might subject you to blackmail or coercion.
Criminal past: Convictions or ongoing legal issues.
Mental, emotional, or personality disorders: Conditions that affect reliability.
Security violations: Previous breaches of security protocols.
Understanding these potential pitfalls can prepare applicants for the scrutiny of the clearance process.
If Your Security Clearance Was Denied, What Do the Letter of Intent and Statement of Reasons Say?
Upon denial of security clearance, you will receive a Letter of Intent (LOI) and a Statement of Reasons (SOR). These documents outline the specific reasons for denial, providing a basis for your appeal.
The LOI outlines the preliminary decision to deny clearance, serving as a notice of intent. The SOR accompanies the LOI, providing a detailed explanation of the reasons behind the denial, listing specific issues identified during the investigation.
Two Ways to Appeal a Security Clearance Denial
Appealing a security clearance denial can be pursued through two primary avenues:
Written appeal to the Personnel Security Appeals Board (PSAB): This involves submitting a written response to the issues raised in the SOR, providing evidence to mitigate or refute the concerns. The PSAB will review the documentation and make a determination.
Hearing before a DOHA administrative judge: This option allows for a formal hearing where you can present your case in person. You have the opportunity to call witnesses, provide evidence, and cross-examine any opposition. A Defense Office of Hearings and Appeals (DOHA) judge will then make a ruling based on the hearing.
Choosing the right path depends on the nature of your case and your comfort level with presenting arguments in writing or verbally. If you aren’t sure which way to appeal a security clearance denial, you might want to consult with an attorney.
Was Your Security Clearance Denied? Get Help Now
In many cases, a denial of security clearance doesn’t mean it’s over. It means you may need to take some extra steps to get your security clearance approved. Appealing the denial requires deep understanding of the procedures, adherence to deadlines, and attention to detail.
At Schrameck Law, P.L.L.C., I help people appeal the denial of security clearance to help their efforts have the best chance of success. Get in touch now to schedule a free consultation and discuss what steps to take to appeal your denied security clearance.