Skilled National Security Clearance Attorney serving Yuma Proving Ground, AZ
If you are stationed in Yuma Proving Ground and are facing charges or are under criminal investigation, you should know that your security clearance may be at risk of revocation. There are a wide range of reasons that may lead to a national security clearance revocation, which are described in the Code of Federal Regulations.
When Facing a National Security Clearance Revocation, Speak to a Well-Versed Attorney
The revocation of a security clearance can significantly impact your personal and professional life. Whether you are a military service member or are employed through a federal agency, having a national security clearance allows you to fulfill your workplace duties and obligations as well as the ability to support your family financially.
Even after enduring the rigorous aspects of the SF-86 and all other background checks, you will find that you may still be subject to a security revocation. Fortunately, if you are facing a national security revocation, you do not have to go through the complex process alone. Filing an appeal is oftentimes a complex and lengthy process that can result in excessive costs and unnecessary stress if you do not know the process. Speak to a knowledgeable attorney who can guide you and help you reinstate your security clearance.
At National Security Law Firm, helping those who have lost access to security clearance is of utmost importance. Consider contacting the law firm today for more information on the appeals process and a free case evaluation.
The Reasoning Behind the Revocation of National Security Clearances
A national security clearance revocation can happen as a result of a wide-range of factors. For instance, your actions may be interpreted as not being loyal to the country. A national security clearance can also be revoked as a result of personal relationships. If you have continued an association with a questionable group of people or a certain individual, these associations may call into question your eligibility for a national security clearance.
It is important to know that it is possible to have a security clearance suspension. While a suspended national security clearance may not seem as serious as a revoked clearance, the process to reinstate the clearance may be more complex. Individuals who have had a revoked clearance have the ability to appeal the decision, and reinstating the clearance may be a fairly quick process if the appeals process is commenced shortly after the notice of revocation. Clearance suspensions, on the other hand, do not have an appeals process and therefore, there is no definitive time frame for resolving the situation. When facing a national security clearance suspension, the agency investigating the situation can continue to investigate the circumstances, association, or actions that have been called into question in order to reinstate the clearance or make the determination to revoke the clearance.
The Consequences of Having a Revoked National Security Clearance
Perhaps the most significant and obvious consequence of having a revoked national security clearance is that you will no longer be able to have access to sensitive national information. As a result of this, it is likely that your ability to retain your job will be affected. Even if you do not lose your job, you are likely going to face a decrease in pay, a demotion, or if a military service member, the possibility of being discharged.
National Security Clearance Revocations: Intent to Revoke
When a federal agency has reason to believe that you are no longer eligible to hold national security clearance, you will likely be issued a Notice of the Intent to Revoke. This notice is likely to be followed by a Statement of Reasons. The Letter of Intent and the Statement of Reasons give the opportunity to dispute the claims made against you. It is important to know that challenging the disputes must be submitted within 15 days of receipt. The window of time to submit a response is very limited and will also need to include your written responses to the reasons listed in the Statement of Reasons. This will need to be submitted to the DODCAF, or Department of Defense Consolidated Adjudications Facility.
In the event that the investigating agency is satisfied with the reasons you submitted to mitigate their concerns, your national security clearance may be reinstated. On the contrary, the DODCAF will present you with a Letter of Notification, where you will be presented with the opportunity to appeal the revocation decision.
Filing an Appeal for a National Security Clearance Revocation
Once you obtain the Notice of Intent, you will have 60 days to appeal. Here, you will be offered the decision between two potential outcomes. The first option is that you can select to appear at the Defense Office of Hearings and Appeals. Here, a judge will make the ultimate decision on your national security clearance status. He or she will then forward the decision to the Personal Security Appeals board.
The second option you have is to appeal directly to the Personnel Security Appeals Board, where you will have 30 days to complete. Once the board has received your appeal, they will make the ultimate determination on your security clearance status before forwarding the decision to the Department of Defense Consolidated Adjudications Facility. If the Personnel Security Appeals Board has determined that your appeal has sufficiently mitigated their concerns with national security, your clearance will be reinstated.
Increase the Chance to Reinstate Your National Security Clearance – Speak to a Knowledgeable Law Firm Today
Whether you just received notice of revocation or you are facing the appeal process, it is critical to seek the legal guidance of an experienced law firm who can help you navigate the entire process. Appealing the revocation of a national security clearance can quickly become complicated, and a simple error can lead to your loss of employment. Improve your chances of getting your national security clearance reinstated by contacting an experienced law firm today.
The Brett O’Brien Law, LLC, understands that facing a national security clearance revocation can quickly result in the inability to retain employment. As a result, the firm works hard to ensure that their clients have the best opportunity in having their clearance reinstated. If you are facing a clearance revocation or are looking to file an appeal, consider contacting us today for a free case evaluation.