How to Prepare for a Security Clearance Appeal

Security is everything for military, government, defense, and private sector jobs. The sort of information you’re dealing with regularly requires confidentiality. Some of the data may even be high-priority, calling for discreet professionalism. So, what happens if you’ve been blocked from obtaining the security clearance needed to complete the job? You file a security clearance appeal.

Daniel Conway & Associates has extensive experience handling security clearance appeals. With us, you’re in the hands of a law firm with unparalleled expertise. We’ll guide you through each step of the appeal process and do our best to get your clearance back.

Understanding What Affects Your Clearance Being Revoked or Denied

Your success, self-actualization, and service hinges on your ability to receive security clearances.This is why having your security clearance revoked or denied can be a severe blow to your confidence and career.It may destabilize and shock you—especially if you’ve never committed a crime and diligently completed all the steps to apply.

Now, in the aftermath of denial, you’re scrambling. You’re wondering if you will ever be able to rise the ranks–that is if you can keep your job at all. With these high-towering stakes, you need answers and a plan to regain your career.

In this moment of immense need, you need assistance you can rely on. Your next steps must be calculated and prudent. Contacting an experienced security clearance lawyer can be the difference maker you’ve been looking for.

To understand how the decision to deny or revoke your clearance was made, you must understand the review process. Each application for security clearance is reviewed by a Central Adjudication Facility (CAF). Factors considered that may hinder your clearance include:

• Allegiance to the U.S.
• Foreign influence
• Foreign preference
• Sexual behavior
• Personal conduct
• Financial considerations
• Alcohol consumption
• Drug involvement
• Psychological conditions (emotional, mental, and personality disorders)
• Criminal conduct
• Handling protected information
• Outside activities
• Use of information technology systems

Filing Your Appeal

Upon denial or revocation, you’ll receive a statement telling you the reason for the decision. This is called a Statement of Reasons (SOR). The SOR will be incredibly important as it provides us with the foundation to address specific concerns in the appeal. Our team will help you get familiar with relevant regulations so that you understand each step of the process. The appeal process begins with the opportunity to challenge the SOR through a written statement. You’ll typically have 30 days from receipt to file an appeal. We’ll guide you through this process, ensuring all necessary steps are taken and deadlines are met. It’s best to contact us as soon as possible so we can get started right away.

Once the CAF receives your appeal, the adjudicators will send a file of relevant materials, which we will use to help draft a written response with explanations, objections, and rebuttals. On your behalf, we’ll gather the necessary documentation to support your appeal, which may include the following

• Personal and professional references that can attest to your character and reliability
• Financial records that can provide evidence of resolved debts, payment plans, or improved credit scores
• Police records that provide proof of the outcome of criminal charges or incidents, such as rehabilitation efforts or character references

With us by your side, this is where you will review the evidence brought forward used to deny or revoke your clearance. If you work for the military, you must complete a Freedom of Information Request Act request to view the Defense Counterintelligence and Security Agency (DCSA) investigation records.

Completing the Appeal

After completing our investigation and gathering all the necessary information, we’ll help you write a personal statement. A well-written statement can make all the difference in your appeal’s success if you emphasize qualities that make you worthy of the clearance level, such as reliability, integrity, and trustworthiness. The thoroughness of our process will ensure you are well-prepared for the appeal. The statement makes your commitment to the confidentiality of the job crystal clear. It presents a final opportunity to explain the circumstances contributing to specific issues raised in the SOR.

Once you have completed and submitted the appeal, the adjudicator’s review begins. They will take into account:

• The nature, extent, and seriousness of your conduct
• The circumstances surrounding your conduct include knowledgeable participation
• The frequency and recency of your conduct
• The individual’s age and maturity at the time of the incident
• The voluntariness of participation
• The presence or absence of rehabilitation and other pertinent behavioral changes
• The motivation for your conduct
• The potential for pressure, coercion, exploitation, or duress
• The likelihood for continuation or recurrence of your conduct

Winning an Appeal

When the administrative judge overseeing your appeal receives the completed rebuttal, you may be asked to make a personal appearance or to attend a hearing. Your experienced attorney from Daniel Conway & Associates will prepare you for this. We’ll coach you on providing answers to questions about security concerns, your background, and anything else that may come up. The more confident you are in your answers, the better.

Based on the solid appeal we’ve crafted to disprove the allegations and your poised personal appearance, the DOHA may choose to withdraw the Statement of Reasons. Doing so will lead to one of two outcomes: your security clearance will be granted, or the agency will continue processing the security clearance application.

Get Back in the “Need to Know” with Daniel Conway & Associates

You can file an appeal if you are denied a clearance or have a current clearance suspended or revoked. Almost three-quarters of clearance security applicants will challenge the reasons for denial. Your best chance at winning the appeal is Daniel Conway & Associates.

Daniel Conway & Associates has a longstanding track record of handling security clearance appeals across multiple boards and the Department of Hearings and Appeals (DOHA). As security clearance appeals are highly sensitive, the sooner you obtain legal representation, the better. Contact Daniel Conway & Associates online or call (888) 401-6214 today to schedule a consultation with our security clearance lawyers!