Yet only 20% of applicants chose to be represented by an attorney. Just because you were previously denied a security clearance before, that doesn’t mean that you can’t get one now. Things That Get Your Top Secret Clearance Denied. Security personnel and the adjudication guidelines weigh misdemeanors much less than felonies. For example, they may receive a letter stating concerns about their financial security. In short, the SOR will explain the basis for the potential denial or revocation and will list the specific security concern(s) at issue as … The Department of Defense (DoD) denial rate stood at 0.1% and the revocations at 0.1%. The National Reconnaissance Office (NRO) had 4.7% denials and 0.6% revocations. Also does the DoD do all the security clearances for the military? After referring himself to alcohol counseling and by reducing his drinking to more moderate levels, this security clearance applicant was eventually granted clearance upon appeal. Case # 17-02794.h1 – Originally denied for financial reasons, the applicant failed to demonstrate that she had mitigated the security clearance decision. That publication showed that: Notice how the security clearance denial rate is highest for the intelligence community. Denial of interim clearance is not necessarily denial of clearance. ... - Even if no rate conversion, working outside your rate for a period of time due to clearance issues will most often have a … SCHEDULE YOUR FREE CONSULTATION WITH OUR ATTORNEY TODAY, SCHEDULE YOUR FREE CONSULTATION WITH OUR ATTORNEY TODAY -. Published reports note that in 2017, the Defense Office of Hearing and Appeals (DOHA) Board heard 2,054 clearance denial appeals. Knowing why those people were denied can also help you avoid the same mistakes. The National Security Agency denied the most applicants–9.2 percent. Is it easy to get a security clearance? As experienced security clearance attorneys, we can help you mitigate any security concerns and file a successful appeal to obtain the security clearance you need for your level of employment. Contact a Security Clearance Attorney to Represent You, Pre-Clearance Counseling & SF-86 Assistance, As experienced security clearance attorneys, The Central Intelligence Agency (CIA) denied 8.5% of applicants and. Of that number, a little over 250 of those appeals were for clearance denials for “foreign influence.” Compare that number with the whopping 1400 plus security clearance denials on grounds of financial issues. Keep in mind that these are only the DoD denials and appeals, and do not represent data from the military and intelligence community agencies. NEXT STORY: The SOR is the key document that must be reviewed and analyzed when attempting to prevent your security clearance from being denied or revoked. The proven security clearance attorneys at Tully Rinckey PLLC are ready to help you appeal your security clearance denial. Our security clearance lawyers will challenge your security clearance denial and will work hard to present a persuasive, diligent, and thorough appeal. In 2018, the number of appeals decreased to 1,844. Let’s take a look at how to complete this process. Of the 400 pro se applicants only 32% were granted security clearances. If this is the case, an applicant hasn’t been denied a clearance, but rather denied employment after already submitting a security clearance application. You have the right to request an appearance in front of the DOHA administrative judge. Of all the reasons for a denial, financial considerations tend to drive security clearance denial rates the highest. Go back through your application and do a thorough job explaining your past with regards to all residence, employment, education, and personal conduct information. Stringent suitability requirements, particularly in the intelligence community, weed out many unqualified applicants before they ever reach security clearance processing. If you had significant credit card debt caused by medical issues, but then contacted your creditors to set up a payment plan, your situation will be considered more favorably than someone with a shopping habit. Denials can happen frequently, but the decision can be appealed. In 2013, Director of National Intelligence James Clapper criticized the size of the cleared workforce in a memo that called for reducing the number of individuals with access to intelligence. This is likely due to the high scrutiny and elevated standards that are required to apply … What Happens if Your Security Clearance is Denied? In 2017, the Defense Office of Hearing and Appeals (DOHA) processed 2,054 appeals, the majority of which were for foreign influence, financial considerations, and personal conduct reasons. If you’re part of the four percent that is denied security clearance, you also have the right to appeal the denial of security clearance and possibly have it overturned. You can gain the upper hand and increase your chances of approval, or approval upon appeal, by calling Security Clearance Law Group in Carlsbad, California. As a reminder, these are only the results from DOD Industrial Security contractor appeals and do not include security clearance denials or appeals processed for the military, the Intelligence Community agencies, State Department, Department of Energy, or the various other government agencies that grant their own clearances. The National Reconnaissance Office and the Central Intelligence Agency had the next greatest number of denials, at 7.4 percent and 6.5 percent, respectively. Case #17-03265.h1 – The applicant had foreign influence and personal conduct concerns stemming from a linguist position he held and lost in Iraq. Even if you have a squeaky-clean past and list everything on your questionnaire that you should, your application for clearance can be denied due to: ALLEGIANCE TO THE UNITED STATES – A REASON FOR DENIED SECURITY CLEARANCE. Is that data accurate? The Department of Defense (DoD) denial rate stood at 0.1% and the revocations at 0.1%. Many military and government employees and contractors need security clearance to fulfill their roles. The majority of the 2018 appeals were for foreign influence, financial considerations, personal conduct, and drug and alcohol involvement. According to these DNI reports, DIA has a 0.0% security clearance denial rate. A former roommate from college asked if I would have any issues being a reference for his security clearance process. As of December 7, 2018 the Defense Office of Hearing and Appeals (DOHA) Board … Adjudicators struggle to decide cases that lack sufficient information or contain unresolved issues. If you are applying for security clearance and you have an issue with one or more of the above areas, you could be denied security clearance. Look for applicants who were denied clearance due to concerns you may have. By continuing to use this site, you agree to our use of cookies. Most intelligence jobs are excepted service positions. DoD 0.1% denial rate So I found some information that the DoD only denies 0.1% of security clearances. Therefore, her security clearance denial decision was upheld. Adjudicative criteria are the most significant cause of delays, according to ODNI’s 2014 report. That means an applicant is evaluated based on the host of criteria provided, including any mitigating information. The applicant successfully mitigated the alcohol-related concerns and was subsequently granted access to classified information. Send Your Rebuttal Within 20 Days of the SOR The applicant failed to mitigate those concerns, namely foreign connections he still held. Therefore, his eligibility for access to classified information was denied. I Need Help WithSecurity Clearance Denials & AppealsPre-Clearance Counseling & SF-86 AssistanceMilitary & Government Security ClearanceResponding To SOR/LOIAdministrative Hearing & Personal AppearanceOtherMessage Our Attorneys100% Confidential. A security clearance application can be denied for a wide number of reasons. Or that anyone with a foreign-born spouse is unclearable? Nationwide Security Clearance Attorneys Every aspect of the national security clearance application is important but the process can be very complex, especially if you have a record of substance abuse or alcohol problems. Yes, Government Executive can email me on behalf of carefully selected companies and organizations. The same ODNI report that outlined reductions in the cleared workforce provided insight into the rate of denials within the intelligence community, as well as the reasons behind significant delays in security clearance processing time. Applicants for security clearance go through an intensive background check and interview process. Case # 18-01150.h1 – This security clearance applicant was denied for financial and personal conduct reasons. Security clearance applicants who have amassed a substantial amount of debt, or who have experienced mortgage defaults or even foreclosures, have frequently had their clearance applications denied. Government Executive uses cookies for analytics and personalization. Obtaining a security clearance is no easy task, and not everyone who applies will be granted access. The security clearance denial rate is a hot topic among clearance applicants for the DoD and other agencies like the NSA, CIA, and FBI. This is likely due to the high scrutiny and elevated standards that are required to apply and be approved for such a high level of clearance. If your misdemeanor occurred over seven years ago (10 years for a Top Secret clearance) you do not have to report it on the SF-86, the "Questionnaire for National Security Positions," that serves as a security clearance application. 1990), cert. The denial rate for final security clearances is only about 2.5%; whereas, the declination rate for interim security clearances has been about 20% to 30% 3. Sometimes polygraphs are used when there are potential issues with lifestyle, or if the candidate poses a counterint… Rx for 21st-Century Government: Nimbler Hiring and Trained Managers. It depends on who you ask. Then, when you find an applicant who successfully mitigated those concerns, follow in his or her footsteps to potentially overturn the negative decision. A security clearance refers to a formal determination by an executive branch agency However, because she did not mitigate the concerns by working on her debt or filing her federal and state income tax returns by the deadline, the applicant’s denial was upheld. Since 2007, time required to conduct a background investigation has been significantly reduced, but this has resulted in a decrease in the quality of investigative reports. Case # 17-02962.h1 – The clearance applicant received repeated DUI offenses while in the military. These are just a small sample of the 2018 case studies that you can use to draw inspiration. denied, 499 U.S. 905 (1991). I’ve been trying to google/find out what it entails but wasn’t able to find much online. Those who have gone through the security clearance process understand the significant headaches involved in both the initial background investigation as well as periodic reinvestigations. The National Security Agency (NSA) had 6.1% denials and 2.3% revocations. Whether you are applying for Confidential, Secret, or Top-Secret clearance, you may have anxiety about your security clearance application being denied. They are often faced with the choice of further delaying a case by requesting additional information or making a poor d… As a result, today the most time consuming delays normally occur during the adjudication phase of the clearance process. Notice how the security clearance denial rate is highest for the intelligence community. These cases showed that at the final stage of clearance adjudication, applicants with attorneys or personal representatives were granted clearances 60% more often than those who represented themselves (pro se). “An initial denial of security clearance isn’t always etched in stone,” Griffith says. Being denied a security clearance or having your security clearance revoked can have lasting effects that ripple through your personal and professional life. The applicant was accused of falsifying her clearance application, which she denied doing. The National Security Agency denied the most applicants–9.2 percent. Home » Blog » Security Clearance Denial Rate Explained. A critical element in the security clearance adjudicative process is the “whole-person“ concept. The last comprehensive on approval and denial data for security clearance applicants was issued by the intelligence community in 2015. I agree to the use of my personal data by Government Executive Media Group and its partners to serve me targeted ads. TABLE A: Top Defense Industrial Security Clearance Office (DISCO) Rejection Reasons. Dorfmont v. Brown, 913 F.2d 1399, 1401 (9th Cir. We personally understand the process of applying for clearance, as well as adjudicative guidelines and mitigating factors. So it seems that over a 5 year period there were roughly 0.0% denials of security clearances, and I don't understand how that is possible, unless I'm misunderstanding something. A study of the cases and their outcomes offers a good chance to see the trends in security clearance denials, and what issues are likely to cause issues in your own background investigation. Why Would a Security Clearance Be Denied? Not at all. If your security clearance application was rejected, chances are you omitted critical information. After filling out paperwork and submitting to a background check, individuals trying to gain security clearance are interviewed, as are their associates. Read our, Yes, I want to receive occasional updates from partners. Whistleblower: White House overruled 25 security clearance denials The individuals 'had a wide range of serious disqualifying issues' including drug use and criminal conduct, aides wrote in … A candidate could have debt, drug problems, emotional issues, foreign family members or some combination of these 13 guidelines used to establish eligibility. A significant portion of security clearance denials is upheld because the applicant simply doesn’t respond once they receive a Letter of Intent and a Statement of Reasons. Denial of a clearance can occur for a variety of reasons, including financial problems, mental disorders and criminal violations. All rights reserved. Help us tailor content specifically for you: Agencies Are Using Direct Hire Authority Much More Often, A Call for Stronger Presidential Transition Laws, Frustration Over Homeland Security's Slow Vaccine Rollout, New Labor Authority Chair Shares Priorities, Podcast: Paying Feds More to Fix the Civil Service, Fixing Federal Compensation Should Be Civil Service Reform Priority No. The National Reconnaissance Office and the Central Intelligence Agency had … These numbers might seem relatively low, but there’s a reason for that. Applicants have a chance to respond to these concerns. It means that of the people who make it to the final stages of the security clearance process, 2.5% are denied a clearance. © 2021 by Government Media Executive Group LLC. You can mitigate the security concerns for investigators by attempting to resolve your debt, signing up with a credit counseling service, and by making better credit decisions moving forward. 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