Next steps and options in the case of clearance denial.
When a case contains significant unmitigated derogatory information, the adjudicator issues a “Letter of Intent” (LOI) to deny a clearance. The LOI is a preliminary, tentative decision and will contain a “Statement of Reasons” (SOR) detailing the issues that are the basis of the decision. Some agencies issue a Letter of Denial with an SOR, but it is essentially the same as an LOI. The LOI contains instructions on how to request a copy of the investigative file on which the decision to issue the LOI was based.
Federal contractor personnel can submit a written rebuttal to the SOR and request a hearing. If the applicant doesn’t submit a rebuttal to the SOR, DoD CAF will deny the clearance. If the applicant rebuts the SOR without hearing, DOHA sends the applicant a File of Relevant Material (FORM) that will be presented to an Administrative Judge (AJ) for a clearance decision based on the written record. The applicant can submit a written response to the FORM, which will also be presented to the AJ. If the applicant requests a hearing, the applicant (with or without an attorney or personal representative) may present witnesses and other evidence at the hearing. The applicant may also cross-examine witnesses and challenge evidence presented by the DOHA Department Counsel (an attorney representing DoD). The AJ makes a written decision and a copy is sent to the applicant. DOHA then grants or denies the clearance in accordance with the AJ’s decision. If the clearance is denied, the applicant is notified in writing and advised of their right to appeal the decision. It is possible that the DOHA Chief Department Counsel could grant the clearance after reviewing the applicant’s response to the SOR, thus obviating the need to present the case to an AJ.
DoD civilian employees and military personnel can submit a written rebuttal to the SOR, but they are not entitled to a hearing. If the applicant doesn’t rebut the SOR, DoDCAF will deny the clearance. If they submit a rebuttal to the SOR, the adjudicator will decide to grant or deny the clearance in light of information submitted in the rebuttal. If a decision is made to deny a clearance, the applicant is notified in writing of their right to appeal the decision, including a right to a “Personal Appearance” before a DOHA AJ.
FAQs
However, if you were denied clearance, you have the right to appeal the denial and have it reversed. When issuing a denial, the authority that issued the denial is required to provide a written explanation of their decision to deny you clearance. This is referred to as a Statement of Reasons (SOR).
What if my security clearance is denied? ›
If an applicant receives a denial of security clearance, they have the right to appeal the decision. The appeals process typically involves submitting a written response to the Statement of Reasons (SOR) or Letter of Intent (LOI) provided by the adjudicating agency.
What happens if you fail to get security clearance? ›
In many instances, no security clearance = no job. While you may be the most qualified candidate for a position, you will not get the job if you can't get the clearance that goes with it.
How long does security clearance denial last? ›
Most government agencies allow an individual who has been denied a clearance or had their clearance revoked to reapply for a security clearance after 12 months from the date of the final decision. Some agencies require a wait of 24 months and others of 36 months. The most common length of time is 12 months.
What disqualifies you from security clearance? ›
What can disqualify you?
- You are not a U.S. citizen.
- You were dishonorably discharged from the military.
- You are currently involved in illegal drug use.
- You have been judged as mentally incompetent or mentally incapacitated by a mental health professional.
- You have had a clearance revoked for security reasons.
We got some numbers for you on that. Between 2015 and 2020, about 2-5% of security clearance applications faced denial each year. According to the Defense Office of Hearings and Appeals (DOHA), Financial Issues caused 29% of denials in 2020,which isn't surprising considering the amount of debt most Americans carry.
What is the red flag for security clearance? ›
Not loyal to the U.S. / foreign influence. Illegal drug use/involvement. Mental incompetency or psychological conditions. Dishonorable discharge from the military or revoked security clearance.
Is it hard to pass a security clearance? ›
SCI classifications are only cleared for a few people and the background investigation process as well as the continual monitoring is extremely intensive. The amount of time it takes to receive a security clearance is usually between six months to one year, if all goes well.
Can you regain a security clearance? ›
Yes. If a person previously had a clearance and the investigation has not gone out-of-date, the clearance can be reinstated by the agency that originally granted the clearance or it can be accepted and reciprocally granted by a different agency, provided there hasn't been a break-in-service of two years or more.
How do I know if I passed my security clearance? ›
Contact the Security Officer or Human Resources Representative at the agency where you are applying or are currently employed with questions about the status of your background investigation. DCSA can only discuss case status information with authorized contacts from your sponsoring agency.
The SF-86 form requests information back 7 years for employment and residence; however, to comply with the investigative standards, 10 years is required.
How successful are security clearance appeals? ›
You must have a real reason to appeal—it's not something to do lightly. The appeal is a written Appeal Of the Judge's Decision To Revoke/Deny your clearance; it's not done in person. Less than 1% of these appeals is successful. When your Security Clearance is revoked, you receive a list of reasons why it was revoked.
What will affect my security clearance? ›
Each application is individually assessed, and some clearance applications can be denied. The AGSVA website presses the most important factors in the clearance process are your honesty, openness, and thoroughness when completing your security pack and answering questions.
What happens if my security clearance is denied? ›
However, if you were denied clearance, you have the right to appeal the denial and have it reversed. When issuing a denial, the authority that issued the denial is required to provide a written explanation of their decision to deny you clearance. This is referred to as a Statement of Reasons (SOR).
What shows up on a security clearance background check? ›
What information do you evaluate in the security clearance investigation? During the background and security clearance investigation, investigators will review delinquency in paying debts, tax obligations, certain criminal offenses and the illegal use or possession of drugs.
Can security clearance investigation get you in trouble? ›
Disclosure of Criminal Activity
These more common violations are generally not reported to law enforcement by security clearance authorities. However, serious crimes that are disclosed during a security clearance interview and/or polygraph examination may be reported to law enforcement.
How long do you have to wait to reapply for a security clearance? ›
Accept A Federal Position Requiring a Security Clearance
You will need to check the requirements of the federal agency you will be joining to determine how long you must wait before reapplying for the security clearance. Agency wait times vary between 12 and 36 months.
What happens if security clearance is suspended? ›
If your clearance has been suspended, all you can do is wait. In the meantime, you should continue to be paid, but you may or may not be assigned temporary duties.
