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more_legal_areas security-clearance_denialWhen security clearance is denied or revoked based on the determination that a person is unfit to be trusted with sensitive national security information, s/he will be provided with a Statement of Reasons for security clearance denial and information about how to appeal this decision. If you feel that the information obtained by investigators is inaccurate or misleading, you may wish to conduce investigations after security clearance denial.
Investigations after security clearance denial are best facilitated with the help of a qualified and experienced attorney who can protect and maximize your legal interests. Investigations after security clearance denial can help determine what facts have been used to deny clearance and how to build a strong and favorable defense/appeal. A competent attorney can conduct investigations after security clearance denial to gather facts and evidence that may help to correct of clarify the situation.
When security clearance has been denied or revoked by an official adjudicator or Administrative Judge, the individual will have the right to appeal the decision with the Defense Office of Hearings and Appeals (DOHA) Board. The Appeal Board will typically uphold the judge’s determination so long as they acted in good faith when applying the standard that all decisions be, “clearly consistent with the interests of national security.”
If the Board determines that the previous rulings or conclusions are capricious, contrary to law, or arbitrary, the Appeals panel may choose to remand or reverse the original order based on errors of fact or law. During this process, the denied applicant may have the opportunity to present information produced through investigations after security clearance denial.
The time to conduct an investigation after security clearance denial is often relatively short, sometimes as brief as 45 days. The government will take months to compile information about your personal history before making the decision to grant or deny security clearance. Some criteria considered when making security clearance determinations include the individual’s: personal conduct, use of drugs and alcohol, involvement in criminal and civil litigation, sexual behavior, mental health, family background, time spent abroad, foreign influence, and more.
Individuals who apply for security fall into a continuum of suitably to access sensitive materials. Some people will naturally fall into the category of “absolutely not appropriate for clearance” while others will be considered “absolutely appropriate for clearance.” Most Americans, however, fall somewhere in the middle of this continuum. If you have good reason to believe that you were wrongly denied security clearance, a competent and experienced attorney is your best resource. This legal professional can conduct a thorough investigation after security clearance denial to determine the best way to protect and maximize your legal interests. If you would like to learn more about your rights and options in an investigation after security clearance denial, please contact us to speak with a qualified and experienced attorney.