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NEWS + ADVICE
Security Clearance Reapplication after Denial or Revocation
Some of you may ask, “If I had a security clearance ultimately denied or revoked after exhausting all potential appeals, can I ever be granted a security clearance in the future?”
The answer: Yes! The process is different between various agencies. The most common agencies will be discussed for purposes of this article.
Department of Defense
If you are a Department of Defense contractor who has had a clearance denied or revoked by the Defense Office of Hearings and Appeals (DOHA), you can reapply for a clearance one year after the denial or revocation of your clearance. (See DoD 5220.6). Before you do this, you must first have a sponsor for your clearance. Your sponsor will have you complete an SF86, which will then be submitted for processing.
Due to the fact that your clearance was previously denied or revoked, your security clearance application will be forwarded to DOHA. DOHA will then send you a letter acknowledging receipt of your reapplication and will request you to explain how or why the concerns which led to the previous denial or revocation have been mitigated.
You will submit your response in written form. Your request will then be reviewed by DOHA. If DOHA determines that it appears as though concerns which previously resulted in the denial of your clearance have been mitigated, DOHA will advise you that it accepts your application. Your background investigation will then continue to be processed. Similar to before, the agency will conduct a background investigation on you to determine your eligibility for a security clearance.
Even though DOHA made a preliminary determination that the prior concerns appear to have been mitigated, if the investigation in fact determines that the concerns still exits, or that there are new concerns affecting your eligibility, you will be issued a Statement of Reasons to deny your clearance.
Intelligence Agencies
Most intelligence agencies have a one-year requirement as well. If an intelligence agency denies you a clearance, you may reapply for your clearance one year after the denial of your clearance.
In order to reapply, you must have a sponsor and there must be a program need for you to have a clearance. If those elements are met, the agency will conduct a background investigation similar to before. In order to be successful in a subsequent application for a clearance after a denial with an intelligence agency, you must be able to show that the concerns which led to the prior denial have been resolved (such as for financial delinquencies), or that prior concerns have been mitigated through the passage of time (such as for concerns surrounding personal conduct).
What if you are denied a clearance by an intelligence agency, but then subsequently apply for a security clearance with the Department of Defense. Do you need to go through the DOHA reapplication process described above?
The answer is no. You only need to go through the DOHA reapplication process if DOHA revoked or denied your clearance. If you apply for a security clearance with the Department of Defense one year after the denial of your clearance from an intelligence agency, the Department of Defense will conduct a background investigation under the normal process.
If you are reapplying for a security clearance after having one denied or revoked, it is recommended that you consult with a security clearance professional to assist you with the reapplication process.
Greg T. Rinckey, Esq. is one of Tully Rinckey PLLC’s two founding partners. Tully Rinckey PLLC is one of the largest federal sector employment, military law and security clearance representation firms in the country. Mr. Rinckey is a recognized leader in the military and federal employment law sectors.
Nicole Smith, Esq., a Tully Rinckey PLLC Associate, represents government employees and contractors in a wide range of security clearance matters, to include providing security clearance application assistance and working with clients going through appeals processes for denials, revocations and suspensions. Ms. Smith spent nine years as a national security background investigator.
This information does not constitute legal advice.
