If you or your loved one has been denied security clearance, or if you have had your clearance revoked, you most certainly are not alone. Having assisted many clients who have experienced clearance denials and revocations, our firm understands that these can be emotionally turbulent times. We also understand that there are many various circumstances that can lead to these adverse decisions. In most cases, you have the right to appeal a decision reached by the Defense Office of Hearings and Appeals (DOHA), clear up concerns, and state your case as to why you are eligible for clearance. With so much riding on the success of these appeals, working with an experienced security clearance attorney from our firm is vital to producing the results you require.
There are numerous reasons why a clearance denial or revocation may be issued. From financial considerations and personal conduct to criminal records, drug involvement, and alcohol consumption, there are many issues taken into consideration when determining an individual's eligibility for clearance. Additionally, policy mandates that when it is unclear as to whether a person meets clearance criteria, access must be denied. Although these decisions may be difficult to stomach, they can be overcome.
The security clearance appeals process is unique and governed by strict procedural guidelines. Generally, appeals must be requested in writing within 15 days of a decision reached during a DOHA hearing. Appeals are handled by an Appeal Board comprised of three administrative judges. Rather than introducing new evidence, the appeals process focuses on why the evidence originally submitted was sufficient to support an individual's clearance. In most cases, the decision reached by an Appeal Board is final and applicants whose clearance has been denied or revoked by an Appeal Board are prohibited from reapplying for one year from the date of the original decision.
Unlike appeals proceedings in any civil or criminal case, security clearance appeals are rife with complexities and legal procedures that many applicants find unfamiliar. In addition, your personal circumstances, including the initial reason for your denial or revocation and whether or not it involved an industrial or non-industrial clearance, play a considerable role in the way that your appeal will work. With more than 45 years of combined experience and a focus on personally addressing the needs of our clients, our firm is capable of aggressively and intelligently representing you during your appeals process.
If you would like to learn more about pursuing a security clearance appeal and how our attorneys can help you gain or retain your clearance, contact McCormack & McCormack.