Challenging Negative Findings in Security Clearance

So, you’ve been told that some unfavorable information was discovered during your security clearance investigation/re-investigation, and your clearance has been revoked and initially denied. Now what? Remember, over 98% of security clearances applied for are ultimately granted. Thus, all is not lost – there are several things that you can do to try to fix this situation and better your chances of getting a favorable clearance determination.

It doesn’t matter whether you’re a government contractor with an active security clearance or seeking employment in a position that requires you to view classified information; it’s hard to deny the value, monetary and otherwise, in gaining or maintaining your security clearance. That being said, the majority of individuals who fail to obtain a clearance are those who cease to take any further action after the initial Statement of Reasons (SOR) is received. It's not hard to see that taking control of the situation and challenging unfavorable information is ultimately your best way to get or keep your security clearance.

Let’s take some of the mystery out of the process. First, regardless of the level, all clearances follow the same adjudicative guidelines. Suitability determinations are made based on the level of access needed in conjunction with the “whole person” perspective. Stated another way, one need not have a “blemish-free” past to obtain a security clearance. Unfavorable information can be, and usually is, mitigated based on a variety of factors. What does that mean to you? Well, frankly, it means that what you’ve done since the “unfavorable event” or how you dealt with whatever created the unfavorable information is often more important than the information itself. If you can provide some proof that shows you acted responsibly since the event or acted responsibly considering the circumstances, i.e., went to counseling, paid off (or made payment arrangements to pay off) the debt, etc…then you can likely mitigate the unfavorable information enough that granting the clearance is not against national security interests.

So, if your security clearance is essential to you, then you owe it to yourself to obtain informed and competent legal representation like the experienced attorneys at our firm. Our team comprises a former JAG officer and a former police officer, so we understand the issues related to security clearance and what you need to do next. Let us help you challenge your case! Please feel free to contact us today.