Appeal a Security Clearance Denial
Security Clearance Denials
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Denied security clearance applications are rather common, and an applicant who has been denied need not feel like he or she is unusually unqualified for a position requiring a security clearance. Even before the heightened security climate that followed the 9/11 attacks, many applicants received denied security clearance applications, particularly on their first try. The government agencies that provide such clearances are considering whether an individual can be entrusted with access to classified, sensitive information, and the agencies are thus very cautious.
Security Clearance Denial Appeals Success
The Edmunds Law Firm has been helping civilian and military applicants with denied security clearance applications for several decades. Our firm has an excellent record of successfully mitigating denials, securing the desired clearance for hundreds of applicants. We can represent you effectively and answer your questions about security clearance.
See Some of Our Security Clearance Denial Appeals Favorable Decisions
If you have undergone a security clearance process, such as that conducted for a Department of Defense (DoD) security clearance or an FBI security clearance, and you received a document entitled “Statement of Reasons” or “Letter of Intent,” the reason or reasons for your security clearance denial will be given in the document. If you feel that those reasons are invalid or unfair, you can take action to appeal the decision to deny you a security clearance. The security clearance process is rather complex and may require help from a national security clearance attorney who is familiar with how the process works.
Security Clearance Denial Guidelines
The DoD’s “Directive 5220.6” gives the 13 guidelines used to determine an applicant’s eligibility for a DoD security clearance.
- The five most commonly used guidelines that appear in denied security clearance applications are as follows:
- Guideline B-Foreign Influence -The government’s security clearance concern is that the applicant has divided loyalties to the United States and to another country, group or organization. The concern may be based on a relatively minor matter.
- Guideline C-Foreign Preference – The concern is that an applicant may act in preference for a foreign country over the U.S. Conditions that could raise a Guideline C concern include possession of a current foreign passport; military service for a foreign country; the applicant’s acceptance of educational, medical or retirement benefits from a foreign country; and / or residence in a foreign country to meet citizenship requirements.
- Guideline E-Personal Conduct – Here, an applicant is deemed to have questionable judgment, lack of candor or dishonesty. Of special interest is any failure or refusal by the applicant to provide truthful and candid answers during the security clearance process, such as the completion of the SF-86.
- Guideline F-Financial Consideration – The concern is that the failure or inability to live within one’s means or satisfy debts is evidence of a lack of judgment, creating an issue of trustworthiness relative to the ability to protect classified information. Examples are an inability or unwillingness to satisfy debts, indebtedness caused by frivolous conduct, a history of not meeting financial obligations, and deceptive or illegal financial practices.
- Guideline H-Drug Involvement – The concern is that the use of an illegal drug or misuse of a prescription drug calls into question an applicant’s reliability and trustworthiness. Drugs, materials and other chemical compounds listed in the Controlled Substance Act of 1970 are considered, as is any evidence of drug abuse, any test that results in a positive drug presence, illegal drug possession, sale or cultivation, and failure to successfully complete a drug treatment program.
Real Client Testimonial
“I wanted to let you know that I received approval today for my secret clearance! Thank you so much for all your help, and if I encounter anyone else that has problems similar to mine…I will certainly refer them to you.”
– J.F., Security Clearance Success Story
Talk to an Expert Security Clearance Lawyer about Appealing a Denied Clearance
All of these guidelines, and all of the factors in an individual’s security clearance denial, have mitigating conditions that can be used by a skilled and knowledgeable attorney such as Alan V. Edmunds. With proper representation, case preparation, submission of documentary evidence, and presentation of compelling oral testimony, a security clearance denial can often be overcome.
Contact a national security clearance lawyer at The Edmunds Law Firm at (800) 481-2526 to discuss your denied security clearance with an experienced attorney.
Defending Your National Security Clearance with Alan Edmunds
Video Summary:
Alan Edmunds, an attorney with over 40 years of experience specializing in national security clearance cases, provides a detailed overview of the clearance process, the risks of losing it, and the proper steps to appeal adverse government actions effectively. His expertise spans coast to coast and internationally, and he emphasizes the complexity and gravity of clearance issues.
Key Insights:
National security clearance is critical: Losing clearance often means losing one’s job, especially for active-duty military personnel, federal employees, and contractors working with defense companies such as Lockheed Martin or Boeing.
- Clearance process begins with SF-86 form: This form is over 35 pages and requires detailed information about personal history, education, travel, criminal allegations, and more. Honesty and thoroughness are paramount.
- Other clearance forms exist: SF-85 is used for lower-level clearances but demands the same integrity in responses.
- Poor or incomplete responses can lead to denial: Applicants may receive a Statement of Reasons (SOR) or a Notice of Intent to Suspend or Revoke, which triggers an appeals process.
- Responding to SOR requires expertise: Effective responses often run 20–30 pages, including exhibits, and must be crafted with professional legal guidance.
- Many unqualified individuals offer poor advice online: Edmunds stresses verifying the experience of anyone assisting with clearance appeals, especially their litigation success and courtroom experience.
- Never waive the right to a hearing or personal appearance: Waiving this right often results in automatic denial based on a government attorney’s brief and an administrative judge’s decision without the applicant’s direct input.
- Representation by an experienced attorney is crucial: Appeals typically occur before the Defense Office of Hearings and Appeals (DOHA), or agency-specific panels at NSA, DIA, CIA, FBI, NGA, etc. These hearings can be adversarial and difficult.
- Edmunds Law Firm offers specialized services: Including SF-86 preparation classes, one-on-one guidance, and comprehensive legal defense aimed at winning at the earliest stages possible.
The best way to understand the reasons behind a security clearance denial and how to appeal one is by consulting an experienced security clearance denial lawyer. The information below addresses some of the most common questions we hear at The Edmunds Law Firm. However, this is general information and not a substitute for personalized legal advice. If you have been denied security clearance or received notice that your clearance may be revoked, schedule a free consultation right away.
Security Clearance Denials FAQs
A security clearance can be denied for any reason that suggests that the applicant might present a security risk. Some of the most common reasons for security clearance denials include:
- Financial problems
- Criminal history
- Substance abuse
- Red flags during the clearance process
- Ties to foreign governments
These are just a few examples that may give the government cause for concern. The government considers issues in any of 13 categories to help determine whether you may be subject to pressure, tempted by financial incentives, inclined to act dishonestly, or influenced by allegiance to someone or something other than the United States.
A security clearance denial could mean that you are ineligible for a job you applied for, even if you have been conditionally offered the role or you are already working for the federal government in a different capacity. Fortunately, you may be able to fight the denial.
When the government plans to deny your clearance, you will receive a preliminary notice, usually in the form of a Statement of Reasons (SOR) or a Letter of Intent (LOI). These documents detail the issues of concern. A security clearance denial lawyer from The Edmunds Law Firm will review this information with you to determine the best strategy to fight the denial.
You have the opportunity to respond to the SOR or LOI, but you will generally have to act quickly, so you should contact an attorney as soon as possible after you receive it.
The key to successfully fighting security clearance denial is to respond effectively to each and every point raised in the SOR/LOI. In most cases, you will also have the option of requesting an in-person hearing. The best way to respond will depend both on the concern listed and the facts surrounding that situation.
For example, if one of the listed reasons is a criminal conviction, the first step is to determine whether it’s accurate. If the record is correct, the next step is to consider what information may help to mitigate or put the conviction in perspective. This may include the time that has passed since the conviction, your age at the time of the conviction, and any other mitigating circumstances surrounding the crime.
There is no one-size-fits-all response. Each case is unique and procedures differ somewhat by agency. An experienced security clearance denial lawyer will help you craft an effective, tailored response and provide the necessary supporting documentation to give you the best chances to fight your security clearance denial.
A security clearance denial becomes “final” when the applicant has either exhausted the appeals process or has allowed their time to appeal to expire. That’s why it’s important to make sure that you read any communications about your security clearance right away and don’t miss any deadlines.
However, “final” doesn’t necessarily mean that the applicant can never obtain a security clearance. Typically, a final denial simply means that there is a waiting period before the applicant can request a security clearance again.
The appeal process when your security clearance has been revoked differs somewhat depending on the agency or branch of government involved. Some will respond very quickly to the initial appeal, while others may take 60 to 90 days to make a decision. After that decision, the person whose security clearance has been revoked may have a further opportunity to appeal. Depending on the circumstances, a security clearance could potentially be restored within a few weeks, but in many cases could take several months or more.
While parts of the process are out of your hands, part of the timeline is determined by how promptly you act to move the process on to the next stage when you have been denied.
If the revocation is upheld at all levels of appeal, the applicant may still be eligible to reapply for security clearance at a later date, but there is typically a 12-month waiting period. In some cases, the waiting period may be extended.
The cost of hiring an attorney to handle a security clearance denial varies based on the law firm and the scope of services required. At The Edmunds Law Firm, we understand that your security clearance is essential to your livelihood.
We take a client-focused approach to representation, ensuring that you only pay for the services you need. During your free consultation, we will outline your options and explain the fee structure, helping you choose the best path forward to protect your clearance and career.
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