Loss of Jurisdiction for Security Clearance Holders
In the world of security clearances, few phrases are as confusing or as stressful as “Loss of Jurisdiction.” You might see it on your clearance record in Defense Information System for Security (DISS) or Scattered Castles and wonder what it means for your job, your cleared career, and your eligibility moving forward.
The good news is this: Loss of Jurisdiction does not mean your clearance has been denied or permanently revoked. But it does mean your eligibility has been paused, and you must take specific steps to resolve it.
When Does Loss of Jurisdiction Occur?
“Loss of Jurisdiction” (commonly LOJ) occurs when the Defense Counterintelligence and Security Agency (DCSA) or another adjudicating federal authority no longer has the legal ability to make a determination about your security clearance. LOJ typically occurs when:
- You leave federal service or separate from the military while your clearance investigation is still pending.
- Your security clearance eligibility expires because the reinvestigation wasn’t completed before you departed.
- You had an open issue (financial, personal conduct, criminal, etc.) and left your position before a clearance adjudication was finished.
- A sponsoring employer removes sponsorship, leaving adjudicators without authority to continue the case (often occurs during a termination of employment).
Once jurisdiction is lost, your security clearance is essentially in a hold status. You cannot access classified information or be assigned to classified work until jurisdiction is restored and any remaining issues resolved.
What LOJ Doesn’t Mean
Because LOJ appears alongside denied and revoked statuses in security clearance databases, it can be very concerning, but it shouldn’t be mistaken for either of these two statuses. An LOJ does not mean that you failed a security clearance investigation.
Additionally, an LOJ doesn’t mean that your security clearance was revoked or that you have been permanently disqualified from holding a clearance. LOJ simply means there’s no active authority to complete or adjudicate your case. It’s an administrative pause in the status of your clearance, not a final decision about your ability to hold the clearance.
LOJ is Pretty Common
LOJ cases have increased in recent years for a number of reasons:
- Higher scrutiny under Continuous Vetting (CV) programs;
- Delays in reinvestigation timelines;
- More frequent personnel transitions between government contractors and agencies;
- Contractors unwilling to continue sponsorship when issues arise (frequent problem where contractors are often unable to bill work performed by those with security clearance issues);
- Employees separating before pending security concerns are resolved; and
- Sponsorship gaps during employment changes.
A security clearance is tied to active sponsorship by a contractor. When a sponsorship ends, no matter the reason, LOJ often follows. It is pretty common for LOJ to occur during the processing of security clearance appeals. In some cases, LOJ suspends the appeals process (e.g., DCSA). For other federal agencies, LOJ does not impede the ability to adjudicate issues involving a security clearance.
How to Address Loss of Jurisdiction
There is usually no quick fix to an LOJ, but there is a path back. The path back to active eligibility depends on your employment status and the nature of your case. Here are the key steps to attempt to remedy LOJ:
1. Obtain a New Sponsorship
You must first have an employer or agency willing to sponsor you in order to reactivate your security clearance. Without sponsorship, the government cannot reopen your investigation, review an incident or restore jurisdiction. Once sponsored, the new employer can request: (1) reinstatement; (2) reinitiation; or (3) reopening of the prior investigation. Sometimes the new sponsorship requires the individual to be evaluated through the submission of a new SF-86 and/or the reconsideration process.
It is recommended that if you find yourself in LOJ status that you consider all types of cleared positions because some government contractors are more open to working with you than others.
2. Attempt to Resolve (or Work on) the Security Concerns
If your LOJ stemmed from security concerns like financial delinquencies, unresolved criminal matters, or personal conduct concerns, address them before a new review begins. Documentation showing corrective action taken with respect to security concerns can significantly strengthen your case.
It is often helpful, where possible, to check with your former security officer or a potential sponsor’s security officer to check on the status of your clearance and to see whether you have been flagged.
3. Organize Relevant Documentation
It is often the case that an individual who moves into LOJ doesn’t have the appropriate documentation ready when another opportunity to get cleared arrives. It is important to keep records regarding any security concerns. These can include, but are not limited to:
- Prior clearance eligibility determinations
- Investigation closing notices
- Statements of Reasons (if any)
- Rebuttals or mitigation evidence
These can assist your new security office reestablish jurisdiction quickly and accurately.
4. Seek Information through the Privacy Act
In some cases, it may be helpful to seek information about issues or flags on your security clearance by submitting a Privacy Act request seeking clearance database records in DISS, Scattered Castles or other federal agency adjudicative databases.
Attempting to Prevent Loss of Jurisdiction
While LOJ is not always avoidable, you can reduce the chances of falling into LOJ status:
- If separating from service, try to complete your investigation beforehand.
- Maintain communication with your FSO, especially when switching employers.
- Keep your SF-86 information current, clean, and ready to submit (adjudicators may have you submit a new SF-86 instead of reviewing a prior incident report).
- Stay on top of any security concerns that may have been relevant when you went into LOJ.
The more proactive you are, the smoother future adjudications can be.
Contact Us
Loss of Jurisdiction is often misunderstood, but it doesn’t have to derail your career. Think of it as a procedural hold: the government simply lacks the authority to continue your clearance case until you regain sponsorship and provide any needed information. With the right steps, principally consisting of securing a new sponsoring employer, addressing underlying concerns, and preparing documentation you can move forward with your cleared career. LOJ isn’t the end of the road. It’s a problem that can be fixed.
