If your clearance has been denied or revoked (whether officially or with intent), there are options to fight to retain or obtain the clearance. Image: sdecoret/Shutterstock.com
For the majority of government employees, acquiring and maintaining a security clearance is a must. As a result, it is normal for many government employees to experience anxiety about their clearance, because if it is revoked or denied, they would most certainly lose their jobs.
As a result, it’s critical to understand the most common concerns that could lead to you losing your security clearance, as well as what to do if you believe you’re at risk of losing it.
Most Common Ways to Lose Your Security Clearance
While security clearances might be difficult to obtain and/or maintain, there are numerous disqualifying factors that, if left unchecked, can result in a revocation or denial of security clearance. The Adjudication Guidelines list 13 grounds for revocation, ranging from foreign influence to security violations. A few of the most common concerns for the revocation or denial of a security clearance are:
1. Marijuana and Other Drug Use and Alcohol Consumption: Drug and alcohol use continues to be the most common reason for security clearance revocations and denials. The main concern with excessive or improper drug involvement is that it can raise questions regarding an individual’s willingness or ability to protect classified information.
2. Criminal Conduct: While seemingly obvious, any arrest, no matter how big or small, could lead to your losing your security clearance. The main concern raised by having a history or pattern of criminal behavior is that it can create doubt about a person’s judgment, reliability, and trustworthiness.
3. Maintaining Close Ties to Foreign Contacts: When evaluating someone for security clearance, the government is concerned that any relationship with foreign nationals may leave the individual vulnerable to coercion, exploitation, or pressure, as well as their ability to be manipulated or induced to divulge sensitive national security information.
4. Financial Concerns or Gambling Addictions: While almost all security clearance candidates hold debt in one form or another, the government scrutinizes the cause and amount of your debt as well as your payment history. Additionally, individuals who are financially overextended are at a higher risk of engaging in illegal acts to generate funds.
5. Misuse of IT Systems: Under Guideline M, the government may have security concerns related to the misuse of information technology systems as it tends to show an inability in the holder’s ability to follow laws, rules, and regulations and thus creates a heightened risk of coercion, exploitation, or duress.
As previously said, there are numerous other factors that could result in the revocation or rejection of a security clearance, but knowing what could cause you to lose it is a smart first step toward retaining it.
How Long Does a Security Clearance Last?
Your security clearance will typically be active as long as you continue to need access to classified material while working for a cleared contractor or government agency, so long as you comply with periodic reinvestigation requirements.
If questions come up when you’re allowed access to classified material, your federal employer or a law enforcement organization may look into the matter outside of the regular periodic reinvestigation procedure to see if you should still be allowed access to classified material. Your access to the classified information may be suspended while the review is being completed if the concerns are sufficiently serious.
When you permanently leave the position for which the security clearance was granted, your security clearance is terminated. If you no longer require access to classified information but you continue to be employed by the same cleared contractor or agency, you can have your clearance administratively downgraded or withdrawn until you need access again, so long as your security clearance investigation has not gone out of date.
What Should You Do if You Have Lost Your Security Clearance?
If your clearance has been denied or revoked (whether officially or with intent), there are options to fight to retain or obtain the clearance. While the options to fight back will depend on your specific situation, many federal employees are able to appeal their revocations successfully. Whether that is through submitting a written rebuttal to a Statement of Reasons (SOR) or Letter of Intent (LOI), attending a hearing with the Defense Office of Hearings and Appeals (DOHA) for the majority of DOD federal employees, or pursuing other appropriate administrative channels depending on the government agency, having your security clearance revoked doesn’t automatically mean the end of your federal employment career.
There are many different arguments you can mount to try and fight against a revocation or denial, from lack of evidence by the government to providing proper mitigation for any security concerns. Having a compelling mitigating argument in light of the facts and circ*mstances of your individual case is the best way to find success and avoid a revocation or denial.
It’s Your Job to Fight for Your Clearance; Go Informed
While it’s our hope that you won’t have to face a revocation or denial of your security clearance, one can never be too cavalier since one small oversight can lead to your career and hard work being in jeopardy. Nobody is perfect. However, if you do find yourself in this position, knowing how best to defend yourself and mitigate the government’s concerns is paramount.
If you have additional questions about the impact of losing your clearance on your federal career or how to fight against a denial or revocation, our team of experienced attorneys is ready to assist you today.
Tully Rinckey PLLC has experience assisting federal employees with security clearance matters and is ready to help you today.Mathew B. Tully is a founding partner of the firm and concentrates his practice on representing federal government employees and cleared personnel. To schedule a consultation with one of the firm’s federal employment or security clearance law attorneys, call (888)-529-4543 or email [email protected].
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