If your security clearance has been denied or revoked, the appeals process can be a complex and confusing process. A security clearance is essential for many individuals in the workforce, so understanding the best strategies for addressing denials and revocations is vital. In this blog post, we’ll discuss the strategies you can use to address the situation and try to reverse the decision and how a military law attorney can help you.
The Importance of a Security Clearance
Having a security clearance is essential for many positions in the federal government and military. A security clearance is a background investigation that verifies an individual’s trustworthiness and loyalty to the United States. It grants access to classified information, which can have significant implications for national security. Individuals who require a security clearance must pass rigorous evaluations that include a thorough review of their financial and personal backgrounds.
Common Reasons for Denial or Revocation
If a security clearance is denied or revoked, it can devastate a person’s career. Therefore, it is important to understand the most common reasons for denials and revocations of security clearances so that the issue can be addressed. Some of the most common reasons for security clearance denials and revocations include:
- Financial issues, including unpaid taxes, delinquent debts, bankruptcy, or misuse of government funds.
- Unlawful activity or criminal history, such as espionage, terrorism, or treason.
- Inaccurate or incomplete information on the security clearance application form.
- Involvement with foreign nationals without prior authorization.
- Mental health issues that may impact the applicant’s ability to make sound decisions or handle sensitive information.
- Substance abuse issues that may compromise job performance or lead to risky behavior.
- Unauthorized access or mishandling of classified information.
- Refusal to take a polygraph test when requested by an employer.
Strategies for Appealing a Decision
There are several strategies for addressing security clearance denials and revocations:
- Review the denial or revocation notice for any errors or inconsistencies. If any are found, bring them to the attention of the relevant authorities.
- Request reconsideration of the decision.
- Gather and submit any additional information that may be relevant to the decision, such as character references or evidence of rehabilitation.
- Seek legal counsel to review the case and provide guidance on the appeals process, if applicable.
- File an administrative appeal, if applicable. An appeal must be filed within 20 days of the original decision and will be heard by the agency that made the decision in the first place. After the hearing, the deciding authority will issue a written decision.
- File a lawsuit in federal court if the appeal is denied and all other options have been exhausted.
The Role of a Lawyer in This Process
When dealing with a security clearance denial or revocation, it is likely in your best interest to have an experienced lawyer on your side. A qualified military law attorney will know the relevant laws and regulations and understand the government’s reasoning for denying or revoking the clearance. They can help you file an appeal and provide guidance throughout the process, ensuring that your rights are protected and that your best interests are kept in mind. With their assistance, you can maximize your chances of achieving a successful result in your case.
Speak with a Virginia Military Law Attorney
If you’re facing security clearance denial or revocation, it’s important to have the right legal guidance. Invictus Law is a Virginia military law firm dedicated to providing comprehensive legal services to service members and their families. Our team of experienced attorneys understands the complexities of federal and commonwealth regulations governing security clearances and can help you navigate this process. We are dedicated to helping our clients obtain or keep their security clearance. Contact us today at 757-317-5125 for a confidential legal consultation.
