Security Clearance Denials and Revocations Attorney Serving Fort Sam Houston, Texas Employees & Contractors

The process by which you can obtain a national security clearance for your employment through the federal government is a very complex and detailed matter. Background investigations will involve a thorough investigation of your criminal history and credit record. These investigations will also include education history, employment, verification of biographical information, and family member analysis. The background checks almost always involve interviews of individuals who may know you, which could include a former spouse and former colleagues.

The application process for obtaining a national security clearance is a daunting process but it is a necessary task that will offer you the opportunity to obtain employment. If your application for national security clearance has been denied, this can severely affect your future with the agency for which you are applying to. Fortunately, national security clearance denials can be appealed. Similarly, if you are a holder of a national security clearance and your recent background investigation has been placed you clearance in jeopardy of revocation, you also have a right to challenge the assessment.

A Brief Background on Security Clearance Jobs for United States Government Positions at Fort Sam Houston

In the United States, certain jobs that require the applicant to be able to obtain a security clearance. General fields that require clearance involve federal government positions, members of the military that include civilian positions, and private companies that have contracts with the federal government. If you are stationed in, or assigned to Fort Sam Houston, Texas, positions that will likely require clearance include: Intelligence, Communications and Linguistics, Information technology, and Medical positions.

National security clearances are granted based on the completion of a SF-86 Security Clearance Questionnaire Form and on the outcome of the Personnel Security Investigations, where the objective is to understand a person’s character, loyalty, reliability, and trustworthiness. Upon the completion of a thorough investigation, the candidate will be found eligible or ineligible to obtain access to classified government information or the appointment to a sensitive employment position.

Common Reasons Behind National Security Clearance Denials for Fort Sam Houston Workers

As of December 2018, the responsibility for investigations has been transferred from the National Background Investigations Bureau to the Department of Defense. Since the relocation has been made, the Defense Office of Hearings and Appeals has heard 1,844 Department of Defense clearance denial appeals.

According to recent data, financial factors continue to be the main reason behind national security clearance denials. The following are other common reasons behind initial application denials:

• Guideline B: Foreign Influences
• Guideline C: Foreign Preferences
• Guideline D: Sexual Behaviors
• Guideline E: Personal Conduct
• Guideline G: Alcohol Consumption
• Guideline H: Drug Involvements
• Guideline I: Psychological Conditions
• Guideline J: Criminal Conduct
• Guideline K: Administration of Protected Information
• Guideline M: Use and Management of IT Systems

According to the collected information, denials based on Guideline C: Foreign Preference has dropped by 50% since previous years. On the contrary, Guideline D: Sexual Behavior has doubled since previous annual reports. Regardless of the reasons behind your denied application or revocation of clearance, you do have an opportunity to contest the decision.

What To Do After a Clearance Denial or Revocation – Can You Still Work in your Position at Fort Sam Houston?

If your petition for national security clearance has been revoked or denied, the agency that made the decision will need to provide you with a Statement of Reasons. Once you receive this, you will have the opportunity to challenge the decision by submitting a written appeal within twenty (20) days of receiving the Statement of Reasons. It should be noted that a majority of applicants lose their case entirely because they did not submit the appeal in time.

Once the responding agency has received your appeal letter, they will offer you the opportunity to submit a File of Relevant Materials, in which you will state your explanations and other arguments against the decision. The deadline to submit this portion of the process is thirty (30) days from receiving the File of Relevant Materials.

At this point, the responding agency will either grant you the national security clearance or will continue the process by assigning the case to a judge. Regrettably, if the case is assigned to an administrative law judge, the judge has the authority to make a decision on your case without a hearing and based on information already submitted. In some cases, you are able to petition for a hearing for the appeal.

When It Comes to National Security Clearance Denials and Revocations, Legal Proficiency Matters – Hire an Experienced Security Clearance Attorney

Whether you are stationed in Fort San in Houston Texas or elsewhere, you should know that obtaining a national security clearance denial or revocation can affect your ability to maintain a military position, which can affect your income. If you have lost your security clearance or are being denied after your initial application, the legal support of a well-versed attorney can be key to a successful appeal.

Attorney Brett O’Brien has many years of dedicated experience representing affected national security clearance applicants at Fort Sam Houston, Texas. If you have been denied clearance or have recently obtained notification of a revocation, we can help – contact us today for a free case evaluation.