Security Clearance Denials and Revocations Attorney Serving Colorado Springs, Colorado Employees & Contractors

When applying for national security clearance, the process is oftentimes daunting. Filing a petition will require an in-depth analysis of the applicant’s personal background, which may sometimes result in a security clearance denial. It is important to know, however, that even if an application has been denied, the petitioner has a right to appeal the decision.

For those who already have clearance, it is important to know that under new national security guidelines, a continuous review of their background can place them at risk of losing their clearance. Although the new changes will help the extensive backlog of applications waiting for review, the new system will automatically review all clearance holder’s personal background information and potentially revoke clearance on even minute flaws.

Experience in National Security Clearance Applications in Colorado Springs, CO

If you are a government contractor or a federal employee and your request for a national security clearance has been rejected, you should know that there are several opportunities for recourse available to you. When you have been denied national security clearance, you may be able to file an appeal.

At the National Security Law Firm, it is of utmost importance to defend the rights of those who have been denied national security clearance or those who have had their clearance revoked. The process for an appeal is complex and demands meticulousness. Consider contacting the National Security Law Firm today for more information.

Responding to a Denied Clearance

Upon receiving an application, the federal government can take several months to make a decision. When an applicant has been denied national security clearance, the applicant will receive a Statement of Reasons notice. This document outlines the reasons or areas of concern behind the decision.

Employees who have received notice of revocation will be able to preview the records and documents on file that induced the decision. Federal employees will also be able to submit a written response to the reasons highlighted in the Statement of Reasons. For the most part, this response should be made within 15 days of receiving notice of the denial and should outline reasons why the denial was made in error. It should also reveal mitigating factors that could merit a reconsideration of the application denial, as well as citations for applicable legal precedents.

In the event that a clearance adjudicator has agreed with the applicant, the national security clearance will be granted. On the other hand, the applicant will need to proceed to a formal appeal process.

Mitigating Factors

In addition to receiving reasons for the security clearance denial, the applicant will also receive a list of conditional elements, that when met, may be reconsidered for clearance. Although every applicant’s case will be different, a majority of cases will involve mitigating factors that include evidence such as the following:

• Completion of a counseling program, which relates to the disqualifying factor;
• The disqualifying factor was not engaged in for an extensive amount of time; or
• The disqualifying factor was seldom engaged in.

It should be noted that there are various mitigating factors that could support an applicant’s eligibility for access to sensitive national information, ultimately granting him or her national security clearance. Overall, it is usually recommended that applicants take responsibility for their past actions. Obscuring facts and being insincere about prior incidences will place applicants at risk of being unable to obtain national security clearance. Moreover, an applicant that is found lying on the form can be subjected to disciplinary action.

Even employees who have been previously cleared should self-report when having engaged in a behavior that is contrary to the eligibility criteria. These employees should consider seeking legal counsel first in order to report the matter correctly and to help mitigate the behavior.

Appealing a Denied or Revoked Decision

Government contractors as well as federal employees have the opportunity to formally appeal denials. Federal employees are able to do so by petitioning for a hearing before an administrative judge or appeals board. Here, their case will be heard and reviewed. Government contractors, on the other hand, will first need to respond to a questionnaire that should be submitted within 20 days of receipt. Additionally, they will also need to inform the agency if they want to have a formal hearing with respect to the response or receive a written decision. Under both circumstances, any records and documents pertaining to the decision will be made available to the government contractor. If a formal hearing has been elected, however, the contractor will have the opportunity to submit additional evidence or provide witnesses. For these reasons, formal hearings are usually the preferred course of action for government contractors that have serious security concerns.

Obtain the Legal Support of a Skilled Firm in Colorado Springs, CO

Hiring the support of a knowledgeable law firm can make the difference between a rejected application and a successful one. An experienced attorney will ensure that any written responses submitted to the federal government are articulate and thoroughly inclusive of any applicable mitigating factors that will validate the eligibility for a security clearance.

When granted a hearing, it is critical to seek the legal support of a skilled firm who knows how to prepare and present mitigating evidence. Particularly in complex cases, a proficient attorney will not only be able to adequately question witnesses but will also have an in-depth understanding of the type of information judges and other hearing officers need to evaluate the case.

The attorneys at the BrettO’Brien Law have extensive experience in handling national security application denials and revocations. If you are initiating an application for national security or have received notice of a denial or revocation, it is imperative that you seek the legal support of a skilled law firm for support. In most cases, the inability to obtain eligibility for sensitive government information can affect your ability to maintain employment with the agency. At BrettO’Brien Law, it is of utmost importance to ensure that an application is thoroughly reviewed before submission. Moreover, if a petition has been rejected, the firm will work diligently to present mitigating factors in your defense. Consider contacting the firm today for more information.