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NSA Security Clearance Appeals Lawyers

By John V. Berry, Esq., Berry & Berry, PLLC

If you are a government contractor or federal employee facing an adverse security clearance decision by the National Security Agency (NSA) — including denial, revocation, or loss of Sensitive Compartmented Information (SCI) access — you need experienced legal representation to protect your career and reputation.

NSA Security Clearance Appeals — Legal Help for Contractors & Employees

At Berry & Berry, PLLC, our security clearance attorneys help contractors and cleared professionals appeal NSA security clearance decisions and navigate the complex NSA appeals process with confidence. We frequently represent individuals in security clearance appeals before the NSA. The NSA is part of the Intelligence Community group of agencies.

Why Appeal an NSA Security Clearance Decision?

A security clearance denial or revocation can disrupt your employment, contract eligibility, and future job prospects in national security, defense contracting, and intelligence roles. The NSA has its own clearance process and standards under Executive Order 12968 and Security Executive Agent Directive 4 (SEAD 4) — meaning appeals must be precisely prepared and timely.

Failing to respond correctly — or missing strict deadlines — can result in a final decision that leaves you without clearance and without options for months or longer.

Of note, there are some ongoing changes as of early 2026 in the NSA security clearance appeals process that are being implemented right now.

NSA Security Clearance Appeal Process — Step by Step

The NSA security clearance appeal process moves quickly and requires strategic preparation:

1. NSA Issues a Statement of Reasons/Clearance Decision Statement – Two Track Process

When an individual has a security clearance or SCI access denial or revocation from the NSA (referred to as the Statement of Reasons (SOR) or Clearance Decision Statement), it will list the security concerns at issue. Depending on how the NSA views your case, your case will proceed either through one of two processes.

For both processes, individuals will be provided the Investigative Files about the issues in the case.

A. Track 1 – The New SOR Process

For many new NSA security clearance cases, individuals will receive a Statement of Reasons (SOR).  If so, they will have 10 days to elect to appeal a denial. This deadline is strict. Individuals in this process will have the ability to request an abbreviated Personal Appearance of about 30 minutes in-person in addition to their written review. From the date you elect to appeal, you will have another 30 days to submit your written response to the NSA before the PA. If you have elected an in-person meeting that will take place at the NSA after the written response is received. You may have counsel represent you in this process.

B. Track 2 – The Existing Process Still in Use for Some

For certain cases, individuals will be routed to the previous NSA clearance appeals process that allowed you to respond within 45 days. There is no in-person meeting at this initial stage. A senior official from NSA security will review the response and determined whether or not to mitigate the security concerns. It is likely that the existing process will eventually be phased out.  You are allowed security clearance counsel in this process as well.

2. Contractor Response to the NSA SOR / Clearance Decision Statement

In either case, if the individual elects to reply to the SOR or Clearance Decision Statement they will need to respond to the NSA’s security concerns by written submission. A thorough response must be prepared to address all of the security issues. It is critical to also provide exhibits, such as relevant evidence, declarations, character letters, declarations, affidavits, and other documentation related to the NSA’s security concerns or the character of the individual.

Our security clearance lawyers typically represent individuals starting with this first step. The submission can often involve submitting a 10-15 page response, plus exhibits. As a result it is important to consult with an attorney that is familiar with the NSA security clearance process.

3. First Level Clearance Decision Issued by the NSA

A. Under the New SOR Process

Once the response to the SOR is received by the NSA and/or the short in-person meeting with counsel has concluded a decision will be rendered. If the decision is favorable there is nothing further to be done and the matter should be resolved. If a negative decision is made, the individual will receive a new notice, and a new 10-day period to elect an appeal with the NSA Access Appeals Panel (AAP). Then the individual will have another 30 days to file a written appeal. However, in this case, you will not meet directly with the NSA AAP, but rather submit a written appeal for their review and final vote. At this point a decision is rendered and is final.

B. Under the Existing Process

If your case is handled under the existing process, the NSA Office of Personnel Security will also review the response. There is no first step in-person meeting. The NSA will then issue a decision as to whether or not the security concerns against the individual should be dismissed or mitigated. If so, the matter is resolved and the clearance or SCI is restored. If not, the individual will be provided a decision briefly citing the reasons why the appeal was denied and informing the individual of their right to a final appeal before the NSA AAP.

There is then a very short period of time (usually 15 days) in which to either request a hearing with the AAP or otherwise simply submit a secondary written appeal. Again, these timelines are critical and the process is evolving.

4. Personal Appearance with the NSA Access Appeals Panel

Under the existing process, if an individual has elected to present an in-person response (which is recommended), the next step is a meeting with the AAP. Any additional supporting documents must usually be submitted no later than 14 days prior to the AAP hearing. The AAP hearing is an in-person presentation. During this hearing before the AAP, counsel and the individual will present their case asking for a reversal of the negative security clearance or SCI determination.

The AAP normally has 5-7 people present (panel members and an NSA attorney/advisor) and typically asks several questions during the presentation so it is important to be prepared. We recommend legal counsel during this process to ensure adequate preparation for the AAP hearing. The presentations are usually conducted at the NSA and in person.

5. The NSA Access Appeals Panel Final Decision

Lastly, under the older adjudication process, following the personal appearance hearing, the AAP would issue a decision, typically within 1-3 weeks. This makes the NSA unique among most of the intelligence community given how quickly they issue decisions. They will either grant or deny the clearance appeal. In a few cases, the AAP can seek additional information or ask for an additional response from the individual.

If the AAP issues a final denial, the individual may re-apply for a security clearance or access a year later. The relatively quick clearance review process at the NSA is unique among intelligence agencies where the security clearance process can often take much longer.

6. Other Considerations for Appealing NSA Decisions

If an adverse clearance decision is rendered by the NSA under either process, it is important to plan for the reapplication process with the NSA. It is also important to determine any impact that a final NSA clearance denial might have on other security clearances held by the contractor. Separate security clearances may require representation before other agencies.

For example, a negative NSA decision could affect an individual with a Department of Defense security clearance. In those types of circumstances, it is critical to respond to the NSA SOR or Clearance Decision Statement. The response will remain in NSA security files and will be potentially available to other federal agencies in other security clearance evaluations.

Common Reasons NSA Clearances Are Denied or Revoked

Security clearance decisions are based on trustworthiness and reliability factors. Common issues include:

• Financial problems or unexplained debts

• Criminal history or misconduct

• Foreign influence or preference

• Personal conduct concerns

• Failure to disclose relevant information on clearance forms

• Polygraph-related issues

Identifying the root cause of your clearance denial is the first step in building an effective appeal strategy.

How a Security Clearance Lawyer Helps

Security clearance appeals are not ordinary legal cases — they involve:

• Complex federal regulations

• Tight deadlines

• Technical adjudication guidelines

An experienced lawyer can help you with:

✅ Reviewing your investigatory file and allegations
✅ Developing a persuasive written response
✅ Preparing you for your Security or AAP hearing
✅ Gathering and organizing strong mitigating evidence
✅ Communicating with NSA adjudicators on your behalf

Legal counsel at this stage significantly increases your chance of retaining or regaining clearance.

Frequently Asked Questions About NSA Security Clearance Appeals

Can you appeal an NSA security clearance denial?

Yes. Contractors and employees may appeal NSA security clearance denials or revocations through a written response and, in many cases, a hearing before a security officer or NSA Access Appeals Panel.

How long do I have to appeal an NSA clearance decision?

Deadlines are short. Security clearance applicants and holders have between 10 to 45 days to respond to an initial decision. They also have as little as 15-30 days to request a hearing or appeal after an adverse determination.

Do I need a lawyer to appeal an NSA security clearance?

While not required, legal representation significantly improves outcomes. NSA appeals involve classified procedures, strict deadlines, and detailed evidentiary standards.

What issues commonly cause NSA clearance denials?

Financial issues, foreign contacts, criminal conduct, personal conduct concerns, and omissions on security forms are common reasons.

Speak With an NSA Security Clearance Appeal Attorney Today

Whether you are a contractor, federal employee, cleared professional, or pending applicant, our security clearance lawyers understand the NSA’s unique process and appeal requirements. We offer personalized legal representation to help you navigate and win your appeal.

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