SECURITY CLEARANCE DENIALS AND APPEALS

When you are applying or occupy a position in the Federal Government that requires a security clearance, you are subjected to a thorough vetting to determine if you should occupy a position of public trust and/or have access to classified information.  The vast majority of clearances are issued by the Department of Defense (DOD) or the Department of Homeland Security (DHS).  However, other agencies have their own security clearance process such as the Department of Energy, Department of State, or the intelligence agencies. 

While there is no centralized agency that does all security clearances, oversight of security clearances and suitability determination fall under the overall authority of the Office of the Director of National Intelligence (ONDI) by Executive Orders. 

A security clearance investigation is an inquiry into an individual's loyalty, character, trustworthiness and reliability to ensure that he or she is eligible for access to national security information. 

 A suitability investigation is an inquiry into a person's identifiable character traits and conduct sufficient to decide whether an individual's employment or continued employment would or would not protect the integrity or promote the efficiency of the service. 

During your investigation, an investigator will conduct thorough background checks to include speaking to employers, friends, family, neighbors, local police departments where you have lived; as well as criminal history and credit checks.  As a result of the investigation below are some of the reasons a clearance is denied:

• Outstanding debts or other financial issues
• Personal conduct
• Criminal behavior
• Drug use
• Alcohol abuse
• Extramarital affairs
• Mishandling classified material
• Psychological issues
• Foreign influence

Once you are employed and hold a security clearance, you are also subjected to periodic re-investigation.  A clearance can also be suspended or revoked in between re-investigation periods if the Agency obtains derogatory information that would affect your ability to access to classified information. 

If the Agency finds disqualifying information during your security clearance investigation or re-investigation it will send you two documents: Letter of Intent to Deny or Revoke Clearance and a Statement of Reasons that explains exactly what derogatory information was found and will be used by the Agency to deny or revoke your clearance. 

If you receive a Letter of Intent and Statement of Reasons, you only have a certain number of days to respond, so its crucial that you contact us immediately. To successfully appeal your denial or revocation, you must provide hard evidence that mitigates every allegation in the statement of reasons.

After you and your representative provide evidence to the adjudication authority, they will decide whether you've sufficiently mitigated the issues in the Statement of Reasons.  If so, your clearance will be granted or restored.  If not, you will receive two additional documents: Letter of Notification that officially denies or revokes your clearance, and a Notice of Intent to Appeal which gives you the option to appeal your denial or revocation one final time. 

 You have two options final options for appealing a security clearance denial: A written appeals to the Appeals Board or a hearing before an Administrative Judge (DOD) or Appeals Board (DHS).

This 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. They will review the documents and make a final decision.

If you choose to make your appeal before an Administrative Judge or Appeals Board, you will have a hearing in which you and your representative can provide evidence and give statements. After the hearing, the Administrative Judge or Appeals Board will make a recommendation to the Agency adjudication authority which will make a final decision based on the Administrative Judge's or Appeal Board's recommendation.