Security clearance is a vital component of many federal jobs. For those who have yet to obtain clearance or those who have had their clearance denied, understanding the different tiers of security and the factors that may lead to denial can be overwhelming. In this blog post, we’ll discuss the different levels of security clearance and what may cause your security clearance to be denied. We’ll also discuss how to appeal a denial and what to do if you lose your security clearance while employed.
Different Tiers of Security Clearance for Federal Employment
The United States government utilizes three levels of security clearances for federal employment: confidential, secret, and top secret. The first is Confidential, which allows access to confidential information without a need-to-know basis designation. The second tier is Secret, which grants individuals access to sensitive information on an as-needed basis depending on their position (includes "L" class security clearance designation). The highest level of security clearance is Top Secret, which allows access to highly sensitive information.
Factors That May Lead to Denial
When applying for any level of security clearance, all applicants must undergo a thorough background check that evaluates their character and trustworthiness. During the background check process, certain factors may lead to a person’s clearance being denied—such as having a criminal record, financial issues such as bankruptcy or delinquent debts, having affiliations with groups or organizations connected with espionage, and/or drug use or addiction. Even something as seemingly small as traffic tickets or omissions on your application could result in a denial.
Appealing A Denial
Being denied security clearance can be devastating, especially if clearance is necessary for advancing or continuing your career. 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). To begin the appeals process, you must submit a written rebuttal to the DOHA within 20 days of receiving your SOR. It is paramount that you meet this deadline, as cases can be and frequently are denied or thrown out because the person appealing missed the deadline.
After your rebuttal is submitted and received by the DOHA, they will send you what is called a File of Relevant Materials (FORM). Within 30 days of receiving your FORM, you must respond in writing with a full explanation of your rebuttal. In some cases, if the DOHA agrees with your rebuttal, they can withdraw your SOR. They may then move forward with the security clearance process and/or grant you clearance.
If the DOHA does not immediately agree with your rebuttal, your case will go before an administrative judge. Many appeals cases that reach a judge are handled without a hearing and based on the written record of your case. Because of this, it is critical that you work with a skilled attorney when submitting your appeal. Similarly, if your case does require a hearing, having an experienced security clearance appeals attorney can be immensely helpful.
If you are still unsuccessful in your appeal, you have one last option to file a final appeal of the initial appeals decision. It's important to note that no new evidence can be submitted with a final appeal, and the appeals board will only consider the existing evidence.
What To Do If Your Security Clearance Is Revoked While Employed
Similar to when someone is denied security clearance during their initial application, if you are a current federal employee who has had their security clearance revoked, you have the option to appeal the decision through the process outlined above. As with any issue dealing with denied, revoked, or suspended security clearance, it is always recommended that you consult with a federal employment attorney for guidance before beginning the appeals process.
Don't Risk Your Career; Call Us for Help
Security clearances are essential components of many federal positions. Being denied or losing your security clearance can derail your career significantly. At The Law Firm of John P. Mahoney, Esq., Attorneys at Law, we appreciate how critical the outcome of your case is. Our attorneys have helped countless federal employees deal with similar situations, and we are prepared to use our wealth of knowledge and experience to help you.
Contact us online now to discuss your options with one of our attorneys.
FAQs
Individuals applying for security clearances, however, are often denied clearances due to issues related to: Finances, Alcohol or substance abuse, Criminal charges, Sexual conduct, Mental health, Foreign influence, Misuse of technology, Conflict of interest, and/or Security violations.
What will cause a security clearance to be denied? ›
More specific conditions that may endanger your security clearance include: A history of deceptive or illegal financial acts like embezzlement, tax evasion, and fraud; Failure to satisfy your debts; and. Financial problems caused by gambling, drug abuse, or alcohol abuse.
What disqualifies you from getting a security clearance? ›
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.
How to respond to statement of reasons for security clearance? ›
Once the employee receives the Statement of Reasons or SOR, the key, in terms of legal defense, is to either dispute the allegations and/or to mitigate them. That process begins with hiring an attorney who practices in the area of security clearance law, in order to assist them in responding to the SOR.
How do you answer a security clearance question? ›
How to Respond to Interrogatories During the Security Clearance
- Always Tell the Truth. This is not the time to “forget” to mention something questionable about your past, nor is it wise to mislead investigators in any way. ...
- Be Clear. ...
- Be Thorough. ...
- Get Assistance.
Illegal drug use/involvement. Mental incompetency or psychological conditions. Dishonorable discharge from the military or revoked security clearance. A history of financial problems.
What is the denial rate for security clearance? ›
Depending on the role there is only a 2% – 5% chance of actually getting denied a security clearance. You have a good chance of getting approved. Even if you have any issues in the one of the 13 guidelines, people get approved everyday.
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.
What is an automatic disqualification for a security clearance? ›
A history of criminal conduct is one of the most straightforward disqualifiers for a security clearance. This includes: Felony Convictions: Any felony conviction typically results in an automatic disqualification. Recent Criminal Activity: Even misdemeanors or lesser crimes, if recent, can lead to denial.
What is intent to deny security clearance? ›
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.
If you are seeking Top Secret clearance, you are likely to be interviewed. Think of it as your chance to clarify any questionable events from your past, and make sure to be honest and thorough in your response.
What do you say in a security clearance? ›
You may mention your level of clearance, that you underwent polygraph tests and investigations into your background, the dates of polygraphs taken and descriptions of work you performed. Avoid mentioning the following: The specific details of your work, particularly sensitive data relating to them.
What will disqualify you from getting a top secret clearance? ›
During the background check process, certain factors may lead to a person's clearance being denied—such as having a criminal record, financial issues such as bankruptcy or delinquent debts, having affiliations with groups or organizations connected with espionage, and/or drug use or addiction.
What is a good security answer? ›
The answer to a good security question should be obvious. In addition, it should be easy to remember, but at the same time remain secret to others. The answer should be immediately remembered as soon as the user receives the security question.
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.
How far back does a security clearance check? ›
The SF-86 form requests information back 7 years for employment and residence; however, to comply with the investigative standards, 10 years is required.
What will affect my security clearance? ›
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.
What do they check in a security clearance? ›
Security clearance information
The background investigation will: Review your previous and current employment history, including contact with your current employer. Verify your education, residential history and financial background. Interview your friends, neighbors, supervisors and coworkers.
What financial issues disqualify you from a top secret clearance? ›
Financial Issues
Severe financial problems are automatic disqualifiers for security clearances. Issues such as bankruptcy, unresolved debts, or a history of financial irresponsibility can raise concerns about an individual's susceptibility to coercion or corruption.
