DoD Security Clearance Reconsideration
Many government contractors have lost their Department of Defense (DoD) security clearances over the years after a denial by the Defense Office of Hearings and Appeals (DOHA). However, the good news is that individuals can seek reconsideration. The DoD security clearance reconsideration process can be complicated, and it is critical to fully understand the steps and timeline when seeking reconsideration. Having an attorney is highly recommended when going through this process. Our lawyers often represent individuals through the reconsideration process.
The Reconsideration Process for DoD Contractors
The DoD provides a reconsideration process where an individual who previously lost a security clearance can seek to get cleared again. Once a security clearance has been denied or revoked, the individual is barred from seeking reconsideration of the denial or revocation for one year. For DoD government contractors, reconsideration is governed by DoD Directive 5220.6. This directive provides the roadmap as to how individuals can request reconsideration after receiving a denial or revocation decision from DOHA. It is also helpful to review the specific security concerns at issue in Security Executive Agent Directive 4 (SEAD 4).
While these rules specifically apply to DoD federal contractors, a similar process is employed by many federal agencies, like the DOE. Other federal agencies, like intelligences agencies (CIA, NRO) prefer to handle reconsideration through an entirely new investigation instead of an initial process. The general steps in the DoD or DOHA security clearance reconsideration process are as follows:
1. DOHA Judge or Appeal Board Issues Decision to Revoke Security Clearance
The final decision on a government contractor’s security clearance typically comes following a hearing on a Statement of Reasons (SOR) that has been issued. The SOR, if a hearing is sought, will be assigned to a DOHA administrative judge. A hearing will then be held. In these cases, a DOHA administrative judge will make a final decision denying or revoking an individual’s security clearance. If unsuccessful, the individual can seek to appeal to the DOHA Appeal Board. Following the DOHA administrative judge’s decision or the denial of an appeal, the clearance process is complete. In other words, the DOHA security clearance decision to deny or revoke the security clearance becomes final. It is important to keep a copy of the DOHA decision and any responses that have occurred in the process because they will be needed later during the reconsideration process.
2. Wait for at Least a Year or More
The individual must wait at least one year from the date of their final clearance denial or revocation before they can seek reconsideration. During this time, the individual should attempt to correct or mitigate the issues that caused the original adverse decision.
3. Obtain a Contractor to Sponsor You
The individual will need to seek and obtain a new employment position that requires a DoD security clearance. This will require a government contractor to sponsor you for an DoD security clearance to begin the process.
4. Submit a New Clearance Application
The individual completes the required online security clearance application forms (SF-86/eApp) and submits them to the government. Once the security clearance forms are uploaded, the system will identify the prior security clearance denial and begin the security clearance reconsideration process.
5. Reconsideration Notice Sent
After submitting their security clearance forms, the individual will receive notice from the Defense Counterintelligence and Security Agency, Vetting Risk Operations Center (VROC) stating that they must apply for reconsideration before DOHA before proceeding through the security clearance process within 60 days. The individual will be required to provide DOHA with (1) a copy of their original adverse security clearance decision; and (2) any evidence that would provide a basis for reconsideration, such as information demonstrating that the individual has successfully mitigated the original security concerns.
6. Responding to the Reconsideration Notice
It is very important, when the reconsideration notice is sent, to respond with a detailed written response and additional evidence. We find that this often consists of a 10-15 page response, describing what has changed since the original denial and any further mitigation that has occurred. Depending on the issue, different types of exhibits may be needed. It is not uncommon for us to submit medical reports, character letters, and other evidence which is related to the original denial or revocation.
7. DOHA Review of Reconsideration Request
Once the individual has submitted the required documentation, a DOHA attorney will review the request. DOHA may have additional follow up questions or information or may not, prior to issuing a decision. DOHA will then issue a decision at their own discretion on the security clearance review. It is very helpful to ensure that the DOHA reviewing attorney has the most information available in order to make a fully informed decision.
8. DOHA Decision on Reconsideration
Once DOHA makes a decision, the matter can go forward. If DOHA finds that the security concerns have been mitigated, they can grant reconsideration and allow the clearance application to proceed. However, if DOHA determines that circumstances have not changed, they will deny the request. If DOHA denies reconsideration, the individual will be unable to reapply for reconsideration for another one-year period starting from the date of the reconsideration decision.
Even if reconsideration is denied the first time, don’t be discouraged. Waiting additional time and putting together a good strategy for further mitigation may help regain your DoD security clearance on the second attempt.
When Should You Seek Reconsideration?
Many individuals are eager to seek reconsideration as soon as they are eligible. However, just because the mandatory one-year waiting period has passed does not necessarily mean that it is the right time to seek reconsideration. A successful clearance reconsideration request depends on whether the security concerns underlying the original denial have been fully resolved or sufficiently mitigated. For example:
- For denials based on major financial / debt issues, the individual will need to demonstrate that they are working towards resolving unpaid debts and improving their financial situation. This includes evidence of improved credit reports, consistent repayments, improved credit scores, working with CPAs or other financial professionals, and living within one’s means. Financial cases tend to be one of the more common issues on reconsideration.
- For denials based on psychological issues, the individual will need to demonstrate that their mental health condition is in remission and that they are treating it seriously. This includes evidence of medical treatment, psychological evaluations, and other professional mental health treatment.
- For denials based on foreign ties, the individual will need to demonstrate that they have further distanced themselves from any problematic foreign contacts or involvement with individuals in other countries which were previously raised as a security concern. Foreign influence and preference cases involve the mitigation of these ties to foreign assets or individuals that are deemed to be security risks.
In evaluating reconsideration requests, DOHA does not want a promise of improvement, but are looking for evidence that the individual has mitigated the previous security concerns and is no longer a security risk. A strong security clearance reconsideration package typically includes a thorough 10-plus page written response along with attached supporting exhibits showing that any past security concerns are either fully resolved or under control. Therefore, even if the mandatory one-year waiting period has passed, an individual should make sure that they have corrected any prior issues and gathered as much supporting evidence as possible before seeking reconsideration. Before starting the reconsideration process, you should seek the opinion of legal counsel to see if circumstances and enough time has passed to have a realistic chance at reconsideration.
Contact Us
When seeking reconsideration for a previously denied or revoked DoD security clearance, it is important to retain a security clearance lawyer. Our law firm advises and represents government contractors, military personnel and federal employees in these types of security clearance matters. We can be contacted at here or by telephone at (703) 668-0070.
