GOVERNMENT AND MILITARY SECURITY CLEARANCE
Security Clearance is a Necessity for Military and Government Personnel
Our law firm provides protection nationwide for military and government security clearance denials and appeals. Ending up without your military or government security clearance can severely impact your career. Thus the reason it is extremely important that you get expert advice from an attorney who is experienced in security law .
We have assisted clients in gaining security clearance for a long list of companies. These include:
Any one of a barrage of reasons could result in you being denied security clearance or experiencing revocation of your military or government security clearance.
Charges against you may include sexual behavior, personal conduct, allegiance to a foreign country, otherwise foreign influence, alcohol abuse, drug involvement, criminal conduct, psychological issues, and handling protected information. Several outside activities and misuse of IT systems can also trigger problems.
In a few cases, financial problems could be the reason for a suspension, revocation or denial.
Appealing a Military or Government Security Clearance Denial
In the event that you have been denied military/government security clearance, you are issued a Statement of Reasons (SOR), which explains to you the reasons for the clearance being denied or revoked.
Often, applicants who get a Statement of Reasons neglect to follow through with the appeals process. This can be ruinous to your career. Don’t forfeit the rights you have under the law.
Your Response to the SOR
You have a right to appeal a denial or revocation of your security clearance. First, you need to file a written rebuttal to the Statement of Response within 20 days from the date it arrives. You have the right to request an extension during this process if you require one, but you must have a valid reason or this request could be denied.
When replying to the SOR, you have the option of requesting an administrative hearing. The rebuttal must include a detailed response that confirms or denies each allegation shown on the SOR. You must provide information that refutes, explains, or mitigates each listed allegation.
Your SOR rebuttal must be filed with the Department of Defense, Consolidated Adjudication Facility (DoDCAF) or Department of Hearings and Appeals (DOHA). Once the DOHA has your SOR rebuttal in hand, the Department will dispatch a File of Relevant Material (FORM) out to you.
When the FORM arrives, you are customarily given 20 to 30 days from that date to send in a written response. This response can pose objections, rebuttals, mitigations, or explanations to each charge as necessary.
Your responses to the SOR and FORM are reviewed by the DOHA. The review may reveal that allegations against your security clearance are deemed to be unfounded and that the available evidence is insufficient for further processing. In that case, the denial or revocation will be reversed and your clearance will be granted.
Under some circumstances, your case will be assigned to a DOHA Administrative Judge (AJ), who considers the case either with or without an administrative hearing.
An Administrative Judge Hearing
Either you (the applicant) or a DOHA attorney can request a security clearance hearing.
In the event that a hearing is requested, you will be notified at least fifteen days beforehand. Hearings typically take place at a location in a major city and near your place of employment or residence.
You need to appear at your hearing in person either, and you can do so with or without an attorney or personal representative.
Ahead of the trial, you have the right to request relevant evidence, information and documents from the DOHA attorney, and they request those from you also. Witnesses may be called and all evidence is subject to cross-examination. The hearing will be recorded in a transcript.
How Vital is it to Have Legal Representation?
The day your government or military security clearance gets denied, you need to act fast. You can undergo the process of appealing your denial or revocation without help, but this opens you to the possibility of making costly mistakes. This can damage your chances of receiving a favorable decision to your appeal.
Your security clearance lawyer can assist you in responding accurately to your SOR and can work with you to put in the proper documentation. He or she will accompany you to administrative hearings while providing you with valuable peace of mind along your journey.
The appeal of a security clearance denial or revocation is not something to take for granted. You need an experienced lawyer to navigate security clearance law for you and help you appeal the decision with speed and efficiency.
The attorneys on our team are prepared to aggressively represent you for all matters involving military or government agencies. Call today to set up a risk-free consultation.