Security Clearance Reconsideration Request Attorney
Reapplying After Security Clearance Denial Or Revocation
Reapplication for a security clearance is handled differently by each agency. The general rule is that an applicant must wait at least one year before reapplying for a security clearance. The DoD security clearance reconsideration process requires individuals to wait at least one year from the date of their final clearance denial or revocation before seeking reconsideration, additionally requiring that the sponsored applicant must provide a copy of their unfavorable determination along with a written response that explains why those issues have been mitigated, and the applicant should be cleared now prior to being allowed to formally reapply before granting reconsideration.
Timing of Reapplication
Timing is important in every stage of the security clearance process. Simply because an applicant is eligible for reapplication does not necessarily mean that it is the right time to reapply, however. The basis for the unfavorable determination must be considered, and an honest assessment given of whether those issues have been truly mitigated, and a different picture of the applicant can be presented to the government. After the mandatory one-year waiting period, individuals must obtain a new employment position that requires a DoD security clearance and a contractor or agency willing to sponsor re-application. A final decision in a security clearance case is made by the DOHA director, and if denied, a new security application cannot be submitted for at least one additional year. It is critically important to make the best possible case in both substance and timing before you submit a reapplication statement.
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Mitigating Concerns
Mitigating concerns when reapplying for a security clearance requires not only having substantial evidence that your original security concerns are sufficiently mitigated, but also that mitigation evidence must include new information or evidence of changed circumstances not contained in previous appeals. Mitigating evidence can include financial documents showing debt resolution, character references, or proof of rehabilitation. Common reasons for security clearance denial include alcohol and drug-related issues, financial problems (such as excessive debt, falling behind on bills, and gambling addiction), foreign influences (including ties to foreign governments or dual citizenship), personal conduct, and psychological conditions. Attorneys involved in security clearance cases must have a deep understanding of the 13 Adjudicative Guidelines, which include financial considerations, personal conduct, and foreign influence. If the initial reapplication letter is unsuccessful, the applicant will not even get the opportunity to move further along in the security clearance application process. This also requires listing an additional denial of security clearance on future security forms.
Consult with an Experienced Security Clearance Attorney
Whether you are a federal government employee, a federal contractor, or uniformed military personnel, having a prior security clearance revocation or denial on your record can have devastating career effects. Consulting with a law firm experienced in the adjudicative guidelines and building reapplication packages prior to reapplication can make or break an application. Security clearance law is highly technical, and a single mistake can lead to permanent loss of career opportunities. An experienced attorney can help guide you through the process of acquiring a clearance after being denied or revoked. The experienced security clearance lawyer knows how to carefully review your record, apply the mitigating conditions, and advise the individual how to maximize their chances of getting a favorable result on reapplication. Call our office today for a free, confidential initial consultation to discuss your prior clearance issues and how to best approach the reapplication process. We provide comprehensive representation across all government agencies. Email Brian@LSAttorneys.com or call 847-775-7701 to reserve a time to talk.
