SECURITY CLEARANCE DENIAL, SUSPENSION OR REVOCATION

SECURITY CLEARANCE “SELF REPORT”

As you may know, the government requires that those who hold a security clearance “self report” when something “derogatory” happens.

WHAT IS A DEROGATORY INFORMATION?

Anything may be considered derogatory, but here are common examples:

-Foreign Contacts: Contact with individuals of any foreign nationality, either within or outside the scope of your official duties, in which illegal or unauthorized access to classified or otherwise sensitive information is sought, personal concern that you are a target of an attempted exploitation, all close and continuing relationships between SCI-cleared individuals and foreign nations.

-Loss or Compromise of Classified Information.

-Financial Problems: Filing for bankruptcy, garnishment of wages, having a lien placed on your property for failing to pay a creditor, eviction from a residence for failure to pay rent, or simply your inability to meet all your financial obligations.

-Arrests: Any arrest, regardless of whether or not charges were filed. This is the most common reason clients seek assistance from KML. The government also expects you to self-report certain involvement with the legal system, such as being sued.

-Psychological or Substance Abuse Counseling: This one is a bit tricky as counseling for certain situations need not be reported (e.g., you sought the counseling on your own initiative to help you cope). Counseling must be reported if you were advised to seek counseling because of work performance or other undesirable behavior.

If you feel like you are in a situation that may require a self-report, please reach out to an experienced security clearance attorney as soon as possible since the government expects that these events are reported immediately.

WHAT HAPPENS AFTER I SELF-REPORT?  

The procedures that follow a self-report vary depending on department and your status (Contractor, GS Employee, Active Duty, etc.). Generally, your security manager will determine if a report to the DoD Central Adjudication Facility (DoDCAF) is warranted. Simultaneously, your employer will determine if temporarily suspending your access to classified material is warranted. If so, you may be reassigned to duties that do not require such access while awaiting DoDCAF action. This is a temporary decision that can only be reversed by DoDCAF. A suspension will likely initiate an investigation to determine if your eligibility should be revoked. After the investigation is complete, the DoDCAF will evaluate all of the data in accordance with adjudicative guidelines and the “whole person” concept. If a determination is made to reinstate, the suspension is lifted. If a decision is made to revoke, you’ll receive a LOI (SOR) and will have the right to appeal, the procedures for which are outlined in detail here.

DENIAL OF SECURITY CLEARANCE

If you’re a DoD contractor, DoD employee or active duty military member, you will need to have a favorable back ground investigation and perhaps a security clearance to perform your duties or to assume new duties. A denied or revoked clearance could result in loss of job, missed promotions and even separation from active duty. It’s important to understand what goes in to the process and how to improve your chances. For adjudicative factors and more information, click here.

When a case contains significant unmitigated derogatory information,  adjudicator issues either a “Supplemental Information Request” (SIR) or a “Letter of Intent” (LOI) to revoke or deny your eligibility. The LOI is a preliminary decision and will contain a “Statement of Reasons” (SOR) detailing the issues that are the basis of the decision. The LOI contains instructions on how to request a copy of the investigative file and adjudicated guidance (SEAD-4) to assist with mitigating the derogatory information.

FEDERAL CONTRACTORS

Federal contractor personnel can and should submit a written rebuttal to the SOR and request the DoDCAF reverse their preliminary decision to revoke or deny. If the applicant doesn’t submit a rebuttal, DoDCAF will make the revocation or denial of eligibility final. If the applicant rebuts the SOR without hearing, DOHA sends the applicant a File of Relevant Material (FORM) that will be presented to an Administrative Judge (AJ) for a clearance decision based on the written record. It is possible that DOHA could grant the clearance after reviewing the applicant’s response to the SOR, thus obviating the need to present the case to an AJ. If not, the applicant can submit a written response to the FORM, which will also be presented to the AJ. If the applicant requests a hearing, the applicant (with or without an attorney) may present witnesses and other evidence at the hearing, may cross-examine witnesses and challenge evidence presented by the government. The AJ makes a written decision and a copy is sent to the applicant. DOHA then grants or denies the clearance in accordance with the AJ’s decision. If the clearance is denied, the applicant is notified in writing and advised of their right to appeal the decision.

DOD CIVILIAN EMPLOYEES AND ACTIVE DUTY MILITARY MEMBERS

DoD civilian employees and military personnel can submit a written rebuttal to the SOR, but they are not entitled to a hearing. If the applicant doesn’t rebut the SOR, DoDCAF will deny the clearance. If they submit a rebuttal to the SOR, the adjudicator will decide to grant or deny the clearance in light of information submitted in the rebuttal. If a decision is made to deny a clearance, the applicant receives written notification of their right to appeal the decision, including a right to a “Personal Appearance” before a DOHA AJ. For a full discussion on security clearance appeals, click here.

SHOULD I HIRE A SECURITY CLEARANCE LAWYER TO ASSIST ME WITH MY SECURITY CLEARANCE MATTER?

You should certainly consider it. One review of 500 security clearance cases where an SOR was issued, showed that applicants with a security clearance lawyer were granted clearances 60% more often than those who represented themselves. A security clearance attorney who has experience representing clients in security clearance matters can help you navigate the pitfalls of the process, identify potential problems, help gather evidence to mitigate them, and ensure your package is as strong as possible. At King Military Law, our lawyers have worked security clearance issues from both sides of the fence, building comprehensive insight into the process. We know what works, what doesn’t, and why. Please reach out if you think we can help.

King Military Law: Decades of Experience in YOUR Corner–When Experience Matters Most 

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Leslie PuikLeslie Puik
01:03 07 May 23
There aren't enough words of high praise to express our appreciation for Don King of King Military Law. He and his very qualified staff Kasheta and Angela took care of our needs like we were their only clients. They are all highly professional, superb communicators, responsive, and thorough. They are caring, compassionate and patiently listen to and address every concern as though they were helping one of their family members. Don excels at helping others understand the processes of the law. He educates his clients so that they can navigate toward the best possible solution and outcome. We will be forever grateful for the entire team's effort to help our family through the most challenging time of our lives.I highly recommend King Military Law.
john puikjohn puik
11:57 05 May 23
Don fought hard for our son with passion and experience.My wife and I can't say enough good things about our experience with King Military Law. Don is an excellent communicator, patiently explaining every aspect of the case, keeping us informed throughout the process. It was obvious to us that his experience in the military law system was the most important benefit of our decision to hire him. The staff, Kasheta and Angela were incredible. Emails were returned promptly. All questions were answered without delay. I always felt like we were their only client. We were truly blessed to have found Don and his staff to help us with this matter.
Dakota GrammerDakota Grammer
21:49 09 Mar 23
Let me begin by saying Mr. King has saved my life. I hired Mr. King for defense in a Court Martial case. His entire team worked tirelessly to create a solid defense for me. They would even just have conversations with me to make sure my mental health was okay throughout the whole process, making sure I know my resources incase I needed help. Because of Mr. King and his team I got an amazing plea that would not have been possible without him. I would recommend anyone to Mr. King and his team. Thank you all again for everything you have done for me and helping me still have a life after such a stressful event!
Bman153Bman153
06:14 28 Feb 23
I felt so hopeless until I found Don. The way that most of us service members aren’t entirely educated on our rights. Is appalling. What I was accused of is supposed to be a career killer. Something as simple as licking my finger tips while handling cash could’ve cost me everything. Don and LT Bassani both work in tandem in away that was so symbiotic you could’ve sworn they’ve worked together for decades. And a special and well deserved shoutout to Angela and Kasheta. They walked me through the process and practically held my hand the entire way. Not only that but they made myself and my witnesses feel comfortable. When it’s all said and done. This is the team you want on your side.
Kyp RidenhourKyp Ridenhour
19:05 05 Dec 22
Don King is as exceptional as his resume would have you believe. His knowledge of legal proceedings, and litigating skills were far above what I had even expected. His assistance was worth every penny. I could not have been happier with choosing King Military Law. Don and his team helped me through every part of the legal procedure that I was dealing with and if it had not been for his team I would not have been able to continue my career in the United States Marine Corps. Mr. King and his team were always able to help me and I would not ever recommend anyone else for help in a military law situation as Mr. King has more experience in military law and litigating than any prosecutor that the United States government would put up against you. His team will help you fight back any false charges and I would happily trust him and his team in any situation. My brother is a lawyer and he told me I was very lucky to find such an experienced lawyer to help me. Please reach out to KingMilitaryLaw for help if you are ever in need.
TonioTonio
01:46 17 Nov 22
I had a great experience working with King Military Law. They are excellent when it comes to communication and understanding the law. I would truly recommend them to anyone who needs assistance on any legal issues.
Siddharth SwaminathanSiddharth Swaminathan
14:41 09 Nov 22
Simply put Don, Kasheta and the rest of king military law are amazing. They are worth every dollar and Don truly cares about each of one of his clients. He will work night and day for and there is no one better than Don in this business. I was facing a board of inquiry for a situation that had gotten so far out of hand. Don pointed out so many flaws in my case and stopped my situation before it made it to a BOI. I cant thank Don enough. I called Don over 20 times a day. He always answered my phone calls, was patient and was with me every step of the way keeping me calm and grounded. My only regret is I didnt call Don immediately at the first sign of trouble.
Pusha 392Pusha 392
01:17 03 Nov 22
Was in an overwhelming situation with the Navy, reached out for a consultation with Mr King, he explained potential outcomes and path that could be taken. I felt comfortable hiring him and his team. Mr Don and his are knowledgeable, effective, efficient and very understanding. Because of their help I’m able to continue my time in the Navy. Big shout to Angela Schlosser and Kasheta De La Garza, who work and assist Mr Don King
greg Meagreg Mea
04:22 12 Oct 22
I can’t recommend King Military Law enough ! I felt like I wasn’t just a case but an actual person. They were professional yet compassionate every step of the way. Answered every question with kindness and honesty. They are completely transparent an filled with knowledge . Which i think is what everyone should look for when thinking about hiring an attorney. They truly have your best interest at heart.
Gabe CarothersGabe Carothers
03:05 30 Jul 22
King military law truly cares, and will be by your side every single step of the way. If you are even thinking of calling them. Do It. They are true professionals who care. Thank you king military law.
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