Challenging Negative Findings in Security Clearance

So you’ve been told that there was some unfavorable information discovered during your security clearance investigation/re-investigation and your clearance has been revoked orinitially denied; Now what? Remember, over 98% of security clearances that are 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, its hard to deny the value, monetary and otherwise, in gaining or maintaining your security clearance. That being said, the majority of individuals that fail to obtain a clearance are those that cease to take any further action after the initial Statement of Reasons (SOR) is received. Its not hard to see that taking control of the situation and challenging the unfavorable information is your best way to ultimately get or keep your security clearance.

Lets take some of the mystery out of the process. First, all clearances, regardless of the level, follow the same adjudicative guidelines. Suitability determinations are made based on the level of access needed considered 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” has occurred or how you dealt with whatever it was that 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 responsibility 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 important to you then you owe it to yourself to obtain informed and competent legal representation like the experienced attorneys at our firm. Our team is comprised of 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! Contact us today.