If obtaining a national security clearance is required for your job because you will need to gain access to sensitive information, your first step is to submit a Security Clearance Application. Most security clearances in the United States happen via the Department of Defense (DoD). Here on our site, our security clearance specialists at Lawscape will explain to you the DoD process.
DOHA Application: Your First Time
Upon submitting an application to the DoD, the initial investigation will begin.
A decision to grant or deny security clearance will be based on several factors, including the applicant’s:
- Loyalty to the United States
- Past conduct
History of drug or alcohol abuse
- Criminal conduct
- Financial responsibility
Defense Office of Hearings and Appeals (DOHA): Security Clearance Denials
If a person is seen as a risk, their application for security clearance will be denied. Such applicants will receive a complete list of the causes of the denial, called the Statement of Reasons (SOR). If the person wishes to appeal the denial, he or she can do so through the Defense Office of Hearings and Appeals (DOHA).
The DOHA is responsible for conducting industrial security clearance checks for those who wish to appeal a security clearance denial. When you receive a Statement of Reasons, you have just 20 days to respond. Requests for extension to get more time for your response, may be granted. An individual may wish, at this stage, to ask for a hearing to appeal the decision.
Our Lawyers Can Be With You Through the Complicated Process
If you require an appeal to your security clearance denial, you should speak with a lawyer who has experience in these specific issues. Security clearance cases are complex and take a certain knowledge and skill level.
The Edmunds Law Firm has extensive experience with the total range of security clearance matters, including denials and appeals. We can help guide you through what can be a confusing and daunting process. We can help you at any stage of the process. If you already received the Statement of Reasons and are trying to decide whether to request a hearing, contact The Edmunds Law Firm for guidance.
The Hearing: Representation
After a hearing is requested, the applicant will need to organize all the documents they wish to present at the hearing with the government before it takes place. Customarily, Hearings are conducted much like federal district court bench trials and do require testimonies from the applicant. Some even call possible character witnesses.
A decision can take several months. From the time a verdict is reached, both sides can appeal within 15 days. Such an appeal will be handled by the Appeals Board, and it will be based only on the written record from the hearing. Once the decision is handed down, there can be no further appeal.
How Our Security Clearance Attorney Can Help Your Case
Since this hearing is so critical , you should enlist an attorney who has experience with security clearance appeals is vital to the outcome of the case. The Edmunds Law Firm has the knowledge, experience the and the resources to successfully handle security clearance matters nationwide.
Reach out to our nationwide security clearance attorneys.