Security Clearance Suspension or Revocation Defense
If you are a government employee and your job is contingent on your ability to maintain an active security clearance, losing your clearance can jeopardize your ability to work. Even common struggles like financial troubles or mental health problems can put your clearance at risk. Suspensions and revocations can occur swiftly and without warning, so it is critical to get legal support right away.
At Capovilla & Williams, our attorneys are experienced in defending federal employees and contractors against security clearance denials, suspensions, and revocations. With our in-depth understanding of adjudication guidelines and proven appeal strategies, the security clearance defense attorneys at Capovilla & Williams are dedicated to protecting your clearance and your livelihood.
Contact us for a free consultation: Call 866-951-0466, or complete our online form.
Why are Security Clearances Suspended or Revoked?
The federal government may deny or revoke a security clearance based on concerns about an individual’s trustworthiness, stability, or reliability. When looking at an individual’s conduct and the totality of circumstances, adjudicators use 13 guidelines to determine whether to suspend or revoke a clearance.
These guidelines identify aspects of a person’s life that may make them security risks and lead to the denial, suspension, or revocation of their security clearance. These include:
Financial Difficulties or Issues
Unexplained financial gain.
If an individual appears to be more affluent than can be explained, concerns about unethical activity arise.
Excessive debt or unpaid bills.
Conversely, if an individual has a pattern of unpaid debt or a history of failing to meet financial obligations, it may signal a security vulnerability.
Tax issues.
If an individual has unpaid or unfiled taxes, this is a serious concern and can be a disqualifying factor for a security clearance.
Indication of gambling addiction.
If records indicate significant gambling losses or gains, concerns will arise about the individual’s stability and trustworthiness.
Addiction or Mental Health Issues
Alcohol-related incidents
These incidents may be domestic disturbances, DUI citations, arrest for public intoxication, or a pattern of alcohol misuse that becomes evident to others.
Drug Use
A pattern of drug use may lead to a revocation of a security clearance. Drug use is taken very seriously in clearance actions.
Diagnosis of mental health conditions
A diagnosis of depression, anxiety, or other mental health conditions may present a problem for those holding a security clearance. This is particularly true if the individual has been noncompliant in treatment. Other disorders are incompatible with any security clearance.
Foreign Nation Ties
Business ties or financial interests.
Significant business ties or property ownership in a foreign nation may present an issue for a security clearance holder.
Family or Personal Ties.
Having close friends or family members from some countries may cause a red flag for the holder of a security clearance.
Criminal Arrest or Misconduct
Arrests or convictions
The more serious the arrest or charge, the more likely it is to cause a review of security clearance status.
Pattern of Personal Misconduct
Any workplace or administrative discipline for rule violations may lead to the revocation of a security clearance.
To summarize, the federal government will consider issues in certain key areas when suspending or revoking a security clearance. If problems in these areas come to light, it may lead to the loss of a security clearance. It is vital to understand, however, that extenuating and mitigating circumstances are also crucial for each of these factors. While some issues may raise a “red flag” for review, upon closer evaluation, the security holder may be acting in a reliable and trustworthy fashion, given the totality of the circumstances.
What is the Difference Between Suspension and Revocation?
The suspension of a security clearance is often an interim step taken while adjudicators determine whether to revoke the license. While a security clearance suspension is less severe than an immediate and clear revocation, its consequences can still be devastating.
The suspension of a security clearance typically leaves the employee unable to perform all job functions. For this reason, many employees with suspended clearances are quickly placed on administrative leave or a similar status. Because suspensions usually continue until the proposed revocation is reviewed, the holder of a suspended clearance may be on leave from their job for months. Unfortunately, the suspension of a security clearance cannot be appealed, so it is crucial to expedite the revocation review process as much as possible. Revocation involves a permanent loss of a security clearance, and it can be appealed.
What Should I Do If My Security Clearance is Suspended or Revoked?
Once you receive Notice of Intent to suspend or revoke your security clearance, the process has begun, and it is vital to secure experienced legal counsel to proceed to the next steps.
Step One – Respond to Notice of Intent
At this point, it is vital to get your documentation in order and ensure you fully understand the notice letter. Particularly if the notice letter contains errors, is based on misinformation, or is a misunderstanding, it is vital to obtain information proving this in order to provide it to the agency or adjudicator.
Step Two – Read and Understand Statement of Reasons (SOR) Notice
If your security clearance is revoked, the federal government must provide a Statement of Reasons (SOR). The SOR will provide the basis for the revocation and inform holders of their appeal rights. These justifications must be set out in detail in the SOR. It is critical to read and fully understand the reasons for revocation contained in the SOR as you move to appeal the revocation.
Step Three – File Appeal of Revocation
The appeal of a revocation is typically done in writing by submitting a response to each justification for the suspension or revocation. It is therefore vital to know and understand each specific reason for the suspension or revocation contained in the SOR. Regardless of the nature of some allegations, it is crucial to address these issues frankly and honestly. It is also critical to address and expand on your efforts to mitigate the issues contained in the SOR. For example, if the basis for the suspension or revocation was drug or alcohol use, then your engagement with rehabilitation, extended period of sobriety, and attendance at meetings are mitigating circumstances.
Step Four – Hearing
Where a written response is deemed insufficient by the adjudicator or adjudicating body, the security clearance holder may have the opportunity for a hearing. This hearing usually takes place before an administrative judge (AJ) or similar person or body. At this stage, a revocation defense attorney will typically call witnesses and present arguments.
Step Five – Decision of AJ or Hearing Body
The AJ or hearing body will have a limited time to make a decision on a security clearance revocation. The AJ or hearing body will issue the decision and advise the holder of appeal rights.
Step Six – Appeal AJ or Hearing Body Decision
Often, the decision of the AJ or hearing body may be appealed to a higher authority.
Every security clearance suspension or revocation process is a little different, depending on the agency involved and the employee’s status. For example, the process used at an intelligence agency may look very different from that used by the Department of Energy. To ensure that you fully understand the process applicable to your case, you must speak with an experienced attorney.
The appeal of a security clearance suspension or revocation is a complex, multistep process with critical deadlines. Because these deadlines are often short, federal employees must act quickly after receiving initial notice of the suspension or revocation of a security clearance.
Do Clearance Holders Have to Self-Report Personal or Financial Issues?
To maintain a security clearance, holders must demonstrate diligence in reporting changes in their life circumstances. This means that holders must report the following issues:
§ Divorce or separation.
§ Changes in finances.
§ Foreign travel.
§ Criminal citations.
§ Potential conflicts of interest.
§ Any other issue that may reflect on personal trustworthiness.
If you have questions on whether you need to self-report a particular issue, you should consult an experienced security clearance attorney. When in doubt, it is generally a good idea to self-report. It is possible, however, to mitigate the reporting of issues such that they present as little concern as possible. The duty to self-report problems is vitally crucial since every individual with a security clearance is subject to periodic reinvestigations. The last thing you want is for an issue you should have self-reported to become known during a reinvestigation.
Security Clearance Revocation FAQs
Will I lose my job while my security clearance is suspended or revoked?
Most federal employees who lose their security clearance are unable to perform their duties without access to classified information. For this reason, many employees receive a proposed indefinite suspension from their federal jobs (without pay) if they receive a Notice of Intent to suspend or revoke a security clearance. If the security clearance is subsequently revoked, a federal employee will typically be terminated.
What should I do if I receive a Notice of Intent?
If you receive a Notice of Intent to suspend or revoke your security clearance, do not panic. Make sure you read and thoroughly understand the basis for the intended revocation. Get your documentation together and consult an experienced security clearance attorney. If possible, take mitigating action to limit the magnitude of any listed concern.
What if I have already received an SOR?
If you have received an SOR for the revocation of your security clearance, you must quickly begin to prepare a challenge to the revocation. Most SORs require a response within 30 days, although you may seek an extension under some circumstances. It is finally to challenge each reason on the SOR, and to provide supporting documentation. Consult an experienced clearance defense attorney to prepare your response to the SOR.
Are some issues particularly harmful for security clearances?
Some issues are particular “red flags” for the federal government to review security clearances. Among these “red flags” are drug use, criminal activity, serious financial delinquencies or tax issues, and sudden foreign ties in business or family.
What if the reasons given in the SOR are true?
Even if the reasons given in the SOR are essentially true, it is still vital to address mitigating factors. Perhaps particularly extenuating circumstances led to financial difficulties, or you have gone through addiction treatment and are sober. Whatever the issue, it is often possible to mitigate the effect of a transgression and keep your clearance. In this type of situation, it is vital to speak with an experienced attorney.
Contact Capovilla & Williams for Security Clearance Revocation Defense
Capovilla & Williams is one of the nation’s premier law firms serving military and government employees. Founded by two former JAG Officers, the attorneys at Capovilla & Williams have a deep understanding of security clearance regulations, procedures, and strategies. We have extensive experience defending federal employees, military personnel, and federal contractors in security clearance suspension and revocation actions.
To schedule your consultation, call 866-951-0466 or use our online form.