Security Clearance Denials and Revocations
Experienced Federal Lawyers Handling Security Clearance Denials and Revocations Nationwide
Team Lead
Contact NickIf you need a federal security clearance for your career, being denied or losing your security clearance can have drastic professional and financial consequences. As a result, in this scenario, it is critical to ensure that you are making informed decisions. Federal employees, job applicants, and contractors who have been denied or lost their security clearance will have grounds to challenge the government’s decision in many circumstances, and making informed decisions about what to do next starts with engaging an experienced security clearance attorney to advise you.
We Handle All Federal Security Clearance Matters
At Oberheiden P.C., we handle all types of federal security clearance issues on behalf of federal employees, job applicants, and contractors. Our attorneys have extensive relevant experience—including prior experience handling national security matters at the U.S. Department of Justice (DOJ). As a result, we can help ensure that you are making informed decisions; and, if you have grounds to challenge the denial or revocation of your security clearance, we can take all necessary and appropriate legal action on your behalf.
Understanding Why Your Federal Security Clearance Application was Denied or Your Active Security Clearance was Revoked
Due to the sensitive nature of granting security clearances, the U.S. Department of Defense (DOJ), U.S. Department of Homeland Security (DHS), and other federal departments and agencies take the approval process very seriously. Security clearance can be denied or revoked on various grounds; and, when in doubt, federal authorities will generally err on the side of protecting national security.
As a result, denials and revocations are not uncommon; and, when facing a denial or revocation, understanding why is the first step toward making informed decisions. Some of the most common stated grounds for security clearance denials and revocations include:
Both current and past drug use can disqualify federal employees, job applicants, and contractors from security clearance eligibility. Evidence of drug or alcohol dependence can also lead to a denial or revocation, as can evidence of specific alcohol-related incidents such as arrests for driving under the influence (DUI), marijuana possession, and other drug and alcohol-related crimes.
Financial Issues
Various financial issues can raise red flags during the security clearance application or review clearance process. These include excessive debt, falling behind on bills, evidence of gambling addiction, and unexplained income sources, among others.
Foreign Influences or Interests
Ties to foreign governments, businesses, and citizens can also raise red flags during the security clearance application or review process. Overseas financial interests can raise concerns as well, as can dual citizenship in the U.S. and certain foreign nations.
Personal Conduct
Various types of personal conduct can prevent applicants from obtaining federal security clearances or result in active security clearances being revoked. Some examples of personal conduct (or alleged personal conduct) that can raise issues include criminal arrests, non-criminal rule violations (i.e., those resulting in academic discipline), dishonesty, and other conduct that arguably reflects a lack of integrity or lack of candor.
Psychological Condition
Mental health issues and personality disorders that have the potential to compromise an individual’s judgement or ability to protect sensitive information can lead to security clearance revocations and denials as well. For individuals who have been prescribed medications for mental health-related diagnoses, not taking these medications as prescribed can also lead to a determination of disqualification.
Put our highly experienced team on your side
Dr. Nick Oberheiden
Founder
Attorney-at-Law
Lynette S. Byrd
Former DOJ Trial Attorney
Partner
Brian J. Kuester
Former U.S. Attorney
Hon. Kevin McCarthy
55th Speaker, U.S. House of Representatives (ret.)
Government Consultant
Mike Pompeo
Of Counsel
Former U.S. Secretary of State
John W. Sellers
Former Senior DOJ Trial Attorney
Linda Julin McNamara
Federal Appeals Attorney
Nicholas B. Johnson
Former Prosecutor
Roger Bach
Former Special Agent (DOJ)
Chris J. Quick
Former Special Agent (FBI & IRS-CI)
Michael S. Koslow
Former Supervisory Special Agent (DOD-OIG)
Ray Yuen
Former Supervisory Special Agent (FBI)
The Process for Challenging a Federal Security Clearance Revocation or Denial
If you are facing a federal security clearance revocation or denial, there is a specific process and security protocols you need to follow in order to challenge the government’s decision. While the steps involved in this process can vary somewhat between federal agencies, they generally include:
- Carefully Review the Statement of Reasons (SOR) – When the federal government denies or revokes a security clearance, it is required to provide formal written notice in a Statement of Reasons (SOR). You should carefully review your SOR to determine why you received it and what you need to do in order to respond.
- Hire a Federal Security Clearance Lawyer to Assist You – After carefully reviewing your SOR, it will be important to hire an experienced federal security clearance lawyer to represent you. Successfully challenging a denial or revocation is not easy regardless of the circumstances involved; and, with all that you have at stake, it is critical to have an experienced lawyer on your side.
- Request a Hearing – It will also be important for security clearance holders to promptly request a hearing. You do not want to lose the opportunity to challenge your revocation or denial. Your lawyer will be able to assist with properly filing a hearing request to preserve your legal rights.
- Work with Your Lawyer to Address Each Reason in Your SOR – After preserving your right to challenge your security clearance revocation or denial, you will need to work with your lawyer to address each of the reasons stated in your SOR. Since even a single valid reason can be sufficient to uphold a revocation or denial, a comprehensive approach is critical.
- Collect as Much Mitigating Evidence as Possible – Part of the process of addressing the reasons stated in your SOR will involve gathering as much mitigating evidence as possible. If a reason stated in your SOR arguably provides valid grounds for a revocation or denial, then demonstrating why it is not a valid reason in your particular case will be essential.
- Prepare for Your Hearing – After evaluating your options and collecting all necessary mitigating evidence, the next step is to prepare for your hearing. At this stage, you will need to work closely with your lawyer to anticipate questions that are likely to arise and formulate answers that will support your case for approval.
- Appeal the Outcome of Your Hearing if Necessary – If your hearing doesn’t go your way, this is not the last step in the process. You can work with your lawyer to appeal the outcome of your hearing if necessary. What this entails depends on the specific federal department or agency involved. For example, if you are dealing with the DOJ, then the first step in pursuing an appeal will involve filing a petition with the Defense Office of Hearings and Appeals (DOHA).
To be clear, these are not the only steps involved in challenging a security clearance denial or revocation. Security clearance hearings and appeals are complex proceedings, and the specific facts and details of your case are hugely important. Our federal security clearance lawyers have the experience and insights you need for security clearance cases, and we can get to work on your hearing or appeal immediately if necessary.
FAQs: Responding to a Security Clearance Denial or Revocation
When Can (and Should) You Appeal a Federal Security Clearance Denial?
If your application for a federal security clearance has been denied, we strongly recommend that you speak with a lawyer about filing an appeal. There are several potential grounds for challenging security clearance denials; and, even if your denial is facially justified, you may have mitigating evidence that you can submit in support of your application. Our lawyers can explain everything you need to know in a complimentary initial consultation.
Can You Try Again After a Failed Security Clearance Application?
Yes, if you unsuccessfully applied for a federal security clearance, you can apply again after 12 months. However, you may also have grounds to challenge your denial—and doing so could provide both a quicker and less costly resolution. As a result, if you recently received a Statement of Reasons (SOR) related to your security clearance application, we recommend speaking with a lawyer about your options as soon as possible.
What Are My Options if My Federal Security Clearance has Been Revoked?
If your federal security clearance has been revoked, you have the option of requesting a formal hearing to challenge the revocation—and then appealing the outcome of that hearing if necessary. Unwarranted revocations are not uncommon, and it is imperative that you do not make any assumptions about whether your revocation was justified. Here too, our lawyers can explain everything you need to know so that you can make informed and confident decisions about your next steps.
What if I Disagree with the Reasons for My Security Clearance Denial or Revocation?
If you disagree with the reasons for your security clearance denial or revocation, you should schedule a consultation with a federal security clearance lawyer promptly. While you may have grounds to challenge your denial or revocation, at this stage it is up to you to take appropriate legal action.
How Often are Security Clearance Appeals Successful?
Security clearance appeal process have varying degrees of success, and the facts underlying the specific reason (or reasons) for your denial or revocation will be critical for assessing whether it makes sense for you to file an appeal. To learn more, schedule a complimentary consultation at Oberheiden P.C. today.
Contact the Federal Security Clearance Lawyers at Oberheiden P.C.
If you need to know more about challenging a federal security clearance denial or revocation, we encourage you to get in touch. Call 888-680-1745 or contact us online to schedule an appointment with a federal security clearance lawyer at Oberheiden P.C.
