Notice of Intent to Deny Security Clearance Lawyer
Notice of Intent to Deny or Revoke a Security Clearance (NOI)
A Notice or Letter of Intent to Deny or Revoke a security clearance is a formal letter from the federal government that begins the process for a security clearance denial or revocation for applicants or prospective or current federal employees, contractors, and military personnel with active security clearances. The notice explains the concerns, cites the information relied on and provides a process and deadline to allow for a response, tying those concerns to trustworthiness, stability, and reliability under the 13 adjudicative guidelines. Common issues include financial issues, drug use, substance abuse, personal misconduct, and foreign influence, depending on the circumstances. The basis for the notice of intent for security clearance revocation is referred to by most agencies as a Statement of Reasons, or SOR. These are typically issued together as part of an “Eyes Only” package sent either through a security manager or directly to the applicant. For a government contractor, receiving this notice often means immediate loss of access and possible job termination while the case is pending.
NOI/SOR Contents
- Allegations of conduct that require denial or revocation of clearance, as set out in the statement of reasons SOR
- Supporting information (summaries of records, interviews, reports, and/or exhibits)
- The extent of this information will vary by agency. Some Intelligence Community agencies provide very little specific information within these documents, whereas DCSA provides considerable detail and identifies the documents relied upon in reaching its initial decision.
- The legal basis (government regulations and security clearance adjudicative guidelines)
- Your response rights (how to respond and what you may submit), including due process under Executive Order 12968, your right to an explanation for the action, and an appeal path
- A response deadline and where/how to send the response; deadlines vary by agency, but many give about 30 days to respond to the SOR
- Next steps: how a decision will be made and what your appeals process is if the decision is unfavorable to you, including a hearing in front of an administrative judge or appeals panel, depending on the agency involved, and that an adverse decision can remain on your security clearance application record and complicate future applications.
Adjudicative Guidelines
The national security adjudicative guidelines, found in Security Executive Agent Directive 4 (SEAD 4) address the area of concerns that result in a clearance being denied or revoked, and are usually cited directly in the SOR. They are also the framework used to evaluate mitigating circumstances and show when prior red flags have been resolved or improved under the National Security Adjudicative Guidelines.
- Guideline A: Allegiance to the United States
- Guideline B: Foreign Influence
- Guideline C: Foreign Preference
- Guideline D: Sexual Behavior
- Guideline E: Personal Conduct
- Guideline F: Financial Consideration
- Guideline G: Alcohol Consumption
- Guideline H: Drug Involvement
- Guideline I: Psychological Conditions
- Guideline J: Criminal Conduct
- Guideline K: Handling Protected Information (including classified information or sensitive information)
- Guideline L: Outside Activities
- Guideline M: Use of Information Technology
Response Deadlines
The agency issuing a notice of intent will state the deadline to respond within the letter. This varies by agency, but most applicants have a limited time to respond and must carefully review the SOR immediately to avoid losing the chance to challenge the government’s decision. For most agencies, a period of between 10-30 days is provided for an initial response. See our pages for individual agencies to understand the specifics.
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How to Respond
Seek Professional and Experienced Guidance
If you are facing a notice of intent that your agency is seeking to deny or revoke your security clearance, you should immediately contact an experienced security clearance attorney with extensive experience in security clearance matters and security clearance appeals. Legal representation can significantly impact the outcome of the process, and an attorney can work closely with you to prepare the written response, identify mitigating circumstances, and present your case effectively if the matter proceeds further.
Gather Documentation
The Eyes Only package will also contain information about requesting the agency’s evidence file relied on by the government to deny or revoke your clearance, and the government agency may not send it immediately, so make that request at once. Follow the required steps and request the information as soon as you receive the letter. It can take several days or even weeks to get the documents, so any delay may harm your ability to respond. Clearance holders and any government employee should follow agency security protocols when handling and reviewing these materials.
Narrative Response
All clearance denials or revocations require a narrative response to the allegations. While the form may differ by agency, you must address each factual concern and the statement of reasons point-by-point to establish a timeline of events, provide context, and admit or deny the allegations themselves; a strategic rebuttal can be detailed and lengthy, often 10 to 70 pages. A strong rebuttal also includes supporting documentation tied to the specific circumstances behind each allegation.
Gather Evidence
Depending on the concern, mitigating evidence can range from financial, medical, or court records, character letters, drug or alcohol tests, certifications of professional training or education, or proof of citizenship or other official government identification records, among others; for example, documentary mitigation may be needed for issues such as excessive debt or gambling addiction, and where alleged, evidence addressing past drug use, substance abuse, or other personal misconduct can also be critical. Presenting evidence that directly addresses the red flags identified by the agency and refutes the allegations in the SOR is the most effective way to respond to the allegations.
Note the Response Deadline
Most agencies will extend the initial response deadline if done before the expiration of the deadline and with good reason. If you have been compliant with the requirements and communicated in advance, your chances of a deadline extension are far better.
Hearing Request
Most agencies provide a hearing process (usually referred to as a personal appearance) if your written response to the concerns does not cause them to withdraw their concerns. This is usually a separate form that requires you to select the option of a personal appearance or request a hearing at the time you submit your written response, depending on agency procedure. Depending on the agency, you may have the ability to appear before an administrative law judge, a personnel security appeals board, or a panel. An attorney can represent you at the hearing, help prepare testimony, present evidence, and cross-examine witnesses. If the result is unfavorable, you may file an appeal to a higher authority, such as the agency’s Personnel Security Appeal Board or, in some cases, a federal court.
Contact an Experienced SOR Attorney Today
If you have received a notice of intent to deny or revoke your security clearance, your career and livelihood are at risk, especially if you need an active security clearance to stay employed. Act quickly! Most jobs that require a clearance will force a government employee or contractor whose role depends on clearance access to lose that position if the concerns in a notice of intent are not resolved. A professional and thorough response to this letter is often the best chance to mitigate concerns and get or keep your clearance, and you need an experienced attorney and law firm that knows how to defend against these allegations. Security clearance revocation FAQs often stress self-reporting obligations, and the federal government requires clearance holders to report major life changes such as financial issues, criminal citations, and foreign travel because failing to do so can create additional problems.
