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NEWS + ADVICE
What Happens if Your Security Clearance is Suspended or Revoked
Your security clearance can be suspended or revoked at any time. A suspension or revocation can occur as a result of an incident report or as a result of information discovered during the course of your updated background investigation.
An incident report is a report submitted to the agency notifying it of a developed circumstance which could affect your continued eligibility to hold a security clearance. One example is being charged with a criminal offense. If this happens, you are required to notify your facility security officer, who is then required to notify the agency that granted you a clearance. If the agency determines that the conduct described in the incident report is sufficient to propose to suspend or revoke your clearance, it will send notification to your company notifying you of such.
Department of Defense
If you are a Department of Defense contractor, you will receive what is called a Statement of Reasons (SOR) from the Department of Defense Central Adjudication Facility (DoD CAF). The SOR will outline the reasons the DoD CAF is proposing to suspend or revoke your clearance and will provide instructions for responding to the proposal. Depending on your clearance level, your response to the SOR will either be adjudicated (decided) by an adjudicator at the DoD CAF or by an administrative judge at the Defense Office of Hearings and Appeals (DOHA).
Evaluation by CAF
If your response is evaluated by an adjudicator at the CAF, your response will consist of a detailed written response to the allegations outlined in the SOR. You must admit or deny the allegations.
If you deny the truthfulness of the allegations, you will need to provide a detailed reason and provide any documentation which corroborates your assertions. If you admit any of the allegations, you will need to provide a detailed explanation regarding how the concern has been mitigated.
The adjudicator will review your response to the SOR and will render either a favorable or unfavorable adjudication. If the adjudicator renders an unfavorable adjudication, you have the ability to appeal to the Personnel Security Appeals Board (PSAB). You can either provide a written appeal to the PSAB or you can request a personal appearance in front of a DOHA administrative judge.
If you choose a personal appearance, you will present your case to the administrative judge and the judge will render a recommendation, which will be forwarded to the PSAB. The PSAB will review the original SOR, your SOR Response, and the recommendation of the administrative judge and will make a decision regarding your eligibility for a clearance. The decision by the PSAB is final and cannot be appealed.
Evaluation by Administrative Judge
If your response is evaluated by an administrative judge, you can either request a hearing in front of the judge or request to provide only a written response to the judge. If you request a hearing, you will present your case in front of the judge at a formal hearing. You are entitled to be represented by an attorney. The government will also be represented by an attorney. The hearing is recorded.
After the judge receives a copy of the hearing transcript he will review all information collected during the hearing and will render a decision. If you elect to provide a written response, the government attorney will send you the government’s arguments as to why you should not retain your clearance. You will then provide a written response addressing the government’s concerns. The judge will then review all documentation and will make a decision regarding your clearance.
If the judge denies your clearance, you can appeal the decision to the Appeal Board via a written appeal. If you appeal, the government attorney will have the opportunity to submit a reply brief to your appeal brief. The appeal board will review both briefs and will then render a decision. The decision by the appeal board is final.
Intelligence Agencies
Most of the intelligence agencies will send you an untitled letter explaining why the agency has revoked your security clearance. You will generally have two levels of appeal with an intelligence agency and are permitted a personal appearance in front of an agency representative at either your first level or second level appeal. If you elect a personal appearance at the first-level appeal, you will not be able to have a personal appearance at the second-level appeal.
You can be represented by an attorney at the personal appearance. Similar to a written appeal to the CAF, you will admit, deny, explain, and/or mitigate the allegations made against you.
Other Federal Agencies
Other federal agencies have various methods of appealing a suspension or revocation of a clearance. Some only have one level of appeal while others have up to three levels of appeal. Some provide for personal appearances or hearings, while others do not. No matter what method of appeal is provided for, you must still clearly address and mitigate the agency’s reasons for suspending or revoking your clearance.
Whether you are responding to an SOR or appearing in front of a judge, you are entitled to be represented by an attorney. An experienced attorney can assist you with explaining to the agency how and why any concerns have been mitigated.
Greg Rinckey, Esq. is the Managing Partner of Tully Rinckey PLLC, one of the largest federal sector employment law 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.
I only found out about an incident report because the company I was trying to join denied me the job. I was also informed I have a clearance but the incident report prohibits anyone from pulling my clearance over to them. This is all what I have been told at least. I was never told of the report or given a Chance to appeal, or anything for that matter
The incident report does not prohibit a prospective employer from sponsoring you for your clearance. However, the incident report may prevent the employer from immediately starting you in a position requiring an clearance because the incident has to be adjudicated by the Consolidated Adjudications Facility (CAF). What this means is that the prospective employer needs to sponsor you in JPAS and send a request to the CAF to have your clearance adjudicated. As this process can be lengthy at times, many employers do not want/or cannot wait for this to occur. Therefore, many employers deny employment as soon as they see an incident report reflected in JPAS. This information does not constitute legal advice.
Richard, you may request copy of the security clearance investigation to NCIS (if incident and report was done before January 2014) and DODCAF via FOIA (Freedom of Information Act) go on Google search for FOIA and fill out the FOIA request online. It will take some time to get copy of the documents and several agencies will respond to you. At least you’ll know what was reported and you may have an opportunity to rebut or request a hearing to DOHA. It’s a complicated process you may find a lawyer in your area. Good luck, I’m going through this process right now.
From a Non-Lawyer learning Law via Google, that was a beautiful response that I value. I was Terminated and Stripped of ALL of my Clearances on an incredibly wild accusation that my Agency decided not to investigate but thought it was ok to Adjudicate me as guilty. I wanted to see How & Where your particular case was -if you would allow in general terms. Thanks!
AF put a LOJ (Loss of Jursidiction) on my sons security clearance for no reason. He only failed an eye exam while trying to join the Air Force. This now delays the clearance process for any federal job! Why?? And how do I appeal this
How do you contact the DoD security organization to receive written information regarding your security status?
If you know someone who is a security manager or a Facility Security Officer, they can look up your security status in JPAS. Otherwise, the phone number to the Consolidated Adjudications Facility is 301-833-3850. If your clearance was obtained as a contractor, you will want to follow the prompts for the Industry Division. If you want written confirmation, you can submit a Privacy Act Request to the Consolidated Adjudications Facility. This information does not constitute legal advice.
I’m a little confused here. No where in the discussion is there any reference to fighting this matter in a Federal District Court. Why could this not be heard in Federal District Court under a legal challenge of Constitutionality of the Board actions, procedures and concentration of legislative power in one single branch of government, namely the unelected and unaccountable bureaucracy? This would seem to be a prime challenge to the Administrative Procedures Act. See this article for more details: http://imprimis.hillsdale.edu/current?hsCtaTracking=91f6f006-b1e0-48e4-92c9-ee54f541ec40|a1273ad3-9cbf-4db5-b513-672aecee09f2&utm_campaign=Imprimis&_hsenc=p2ANqtz-8HOpcGujx4Adf-4lRH98fBpJwA5TZemX6AntX3VaOvqNn7tKauyorfUtamG-rOjYmO11H3IOfAtaApC0qL8PfC1ccDWg&utm_content=14325273&utm_source=hs_email&utm_medium=email&_hsmi=14325273
Others have tried to challenge the constitutionality of clearance determinations in Federal District Court without success. For example, the Court in El-Ganayni v. U.S. Dep’t of Energy, 591 F.3d 176, 183-85 (3d Cir. 2010) held that the court had jurisdiction to review the plaintiff’s claims that an agency violated his constitutional rights in the process of revoking his security clearance, but concluded that any claim that requires reviewing the merits of the security clearance decision fails to state a claim. This information does not constitute legal advice.
I was told that my clearance have this hold on it
“Eligibility Administratively Withdrawn 2014 9, 27 Collab CAF ”
What is this and how and who put this hold on?
I am laid off and I need to found a job.
Thank you,
Helen
703 441-2970
Hi Helen, That seems to NOT be a withdrawal Or suspension. It is more of a hold since you are no longer actively employed. Let the companies you are applying to know that you hold a security clearance. They will take it from there to get your clearance active again. Certain agencies like to pull your clearance when you leave their employment so that you are not as desirable as you though on your way out.
Clearances expire after 10 years of initial approval and you need to be cognizant of that fact.
I agree with Joseph Kofi. It sounds like you just need someone to sponsor you for your clearance and then your clearance is likely to be reinstated. This information does not constitute legal advice.
How long will it take to get the “Administratively Withdrawn” status removed. I am 2 days from leaving on a new contract and was just told this information, and now I am out of work.
Brian, the entry in JPAS that you were administratively withdrawn likely will not be removed. It’s not an adverse entry, but is an administrative entry regarding the status of your clearance. It just means that you are no longer in a position which requires a clearance. If you were to get back into a position which requires a clearance, your clearance status would then change to “active” provided your clearance eligibility has not expired. This does not constitute legal advice.
If the notation stated that access was withdrawn, I would agree that this is simply a separation; however, the note speaks of “eligibility,” which suggests to me a negative decision, for a reason not stated here. Eligibility will continue for 24 months after a separation is placed in JPAS. As long as you still have viable eligibility, you can be picked up by the same or a new SMO. I would seek additional detail on the notation from your FSO because it doesn’t sound positive.
I was told I had a top secret clearance. I was never told it was revoked. To this day I’m not sure why I was told I could not leave the U S A for 7 yrs when I was getting out of the Army.
Not sure who told you that BS. I left the Marines while holding a TS. I was never told I couldn’t leave the country. As a matter of fact I was living out of the country for 14 months and later took a job as a gov’t contractor which required me to have a TS. I had no issues at all.
Most correct. People , usually Civilians, NON Marines and other NON HACKERS often come up with the silly shit that we are reading in the these post. Having TS does not mean that you can’t live outside the country at all. That’s some non-hacker civy BS!
Lots of misinformation about TS clearance and travel restrictions. Just because you have a TS clearance does not automatically restrict post-service travel. It depends on what you did and what you had access to that determines travel restrictions. With my TS/SCI I couldn’t go to certain countries – period – your passport was flagged. Then after separation there was a 10-year travel restriction to certain countries. I was involved in active intelligence collection / analysis, tasked by NSA. While in Italy, I couldn’t go to Trieste, but others could – in my group. It’s an individual thing. In addition, we had a telephone number to call (FBI-Officer in Charge of Special Intelligence) if we were approached in any way post-service. The number worked spectacularly – btw.
Helen,
I read your entry. I have the same entry on my clearance. Can you tell me if you were able to correct it, and if so, What steps you had to complete to have it corrected?
Thanks
Keith
What if the clearance simply went past the 10 year period and ended. I had a Top Secret clearance with the US Air Force. I would have expired in 1970. Is it possible to have it renewed? Thanks.
1970 through 2014 is 44 years of technology and new investigative tools in between. Hehehehehe. Even if you mention it, the agency will laugh you off and do a full and new investigation.
Not trying to be funny but 44 years is enough time to go betray the US and come back in good time to start a new family and have grand children.
I agree with Joseph Kofi. A company or agency will have to put you in for a brand new background investigation. This information does not constitute legal advice.
I would like to add that even if the judge decides that your clearance should be reinstated the CAF does not have to agree with his decision and reinstate your clearance.
You may be confusing a contractor appeal with a military/federal civilian appeal. When a contractor’s clearance is suspended or revoked, the case goes to a Defense Office of Hearings and Appeals (DOHA) judge. If the judge reinstates the clearance, the Industry Division (which is the division for contractors) cannot override that decision.
However, the appeals process is different for federal civilians and military members. The first level goes to the CAF. If the CAF upholds the denial, the second level appeal goes to the Personnel Security Appeals Board. When an individual appeals to the PSAB, he/she can send a written appeal directly to the PSAB OR can request a Personal Appearance in front of a DOHA judge. The DOHA judge will then make a recommendation to the PSAB, which the PSAB can choose to follow or decide against. This information does not constitute legal advice.
Ms. Nicole, I was enjoying everyone’s Q&A’s, especially your articulate responses and pondered whether to post when I read that portion pertaining to Federal Contractors / individual Industrial Security Sections -paraphrased. So, if I assume correctly, I am overjoyed. As a federal contractor working overseas, I was wrongly and falsely accused of being AWOL. I was terminated and stripped of all clearances based solely on an unfounded accusation and without an investigation. I received my termination from my Agency’s Industrial Security via e-mail and without: 1.) SOR ; 2.) FORM ; 3.) Appeal Rights. I wrote a fairly articulate response and sent it to everyone listed on the MOU and within 26 days of my original termination. I hope I was half a savvy as You! Thoughts?
You may need to contact DSS –Defense Security Services as they issue the clearances.
I am rapidly approaching the 5-year mark since my last periodic review was completed and I have zero job prospects in sight. I have been unemployed since January 2014. When I apply to a position after I have exceeded the 5 years since my last PR (assuming nothing comes up in the next 3 months), what is the proper way to identify my clearance status?
Once the five-year mark passes, your clearance will no longer be current and will be expired. This response does not constitute legal advice.
Hello Nicole or Anyone:
Can I please have your feedback on the issue below? You look very experience. Please direct me or let me know your opinion. Thanks.
I had a small incident at my work place back in FEB. I was new at work. Basically my Cell phone ended up going with me in my pocket to a classified facility. It was reported and entered in JPAS. The issue was closed internally (The FSO entered the incident in the JPAS and closed it). No action was necessary for me other than an online facility training which was also completed. I am working as a contractor. I am still on the SAME project since, and my clearances are fine. I just heard that my contract is coming to an end so I started applying at other positions. For few of the other positions I was selected for their FSO could not make a decision as to go forward or not. I have Secret and TS clearance. My Clearances status showed up fine in JPAS but my name was coming in red which is now becoming a red flag for any new FSO that checks my clearance in JPAS.
I took this matter to our present FSO, and he stated that he has to enter a final report so that some gov department CAF can take a look at it and adjudicate it. The final report was entered last month (not when the incident was closed internally back in FEB). As of now I have not heard anything and my name still appears in red. Making the long story short, I am waiting to start on a new position that requires this issue to be resolved before I can get the permission to work on the new facility. The reason the new FSO is stating is that I have an open incident (clearances are fine).
I have good relation with my current FSO, and now he has sent a RRU (more than a week) to speed up things (to adjudicate the issue). My current FSO is also stating the CAF simply needs to close the issue, since my clearances are fine, and the incident report states “minor issue”. Can someone please tell me how long it will take? I have lost two offers already and this is a third one, and my contract is coming to an end soon. Is there any way I can start on the new position while the adjudication is in process. The best possible option is to get this issue resolved. Is there something I can do? Would you advise me calling the CAF (if it’s possible). Can I talk to some department from my side and get this issue resolved. Please assist in any tips or recommendation. I am looking for any help I can get at this time….Much Thanks.
Other than having your current FSO send requests to the CAF, there is no way to speed up the process. Calling the CAF personally won’t move the process along, either. Unfortunately, the CAF moves at its own pace. However, having said that, the new company can sponsor you while the incident report is being adjudicated by the CAF. Many companies are afraid to do this as they are concerned that the incident report may not be closed out favorably. Nonetheless, they should still be able to hire and sponsor you. This response does not constitute legal advice.
If a secret security clearance was revoked can the individual still receive an NACI ?
Recent JPAS message says that DSS has sent it to CAF for adjudication. I guess the only question now is is how long it wail take…..Thanks
I was recently laid off while appealing my security suspension (credit resolved). As a result I lost my sponsor, so now my appeal is stuck. What is my next best course of action?
My clearance is stuck due to lost of sponsor (layoff), I submitted package of mitigating facts (credit repaired) on why I deserve a re-investigation. I believe if I had a sponsor, I would be granted a clearance again. Do employers frown in these cases?
I went through this for 2.5 years. You need to contact the DOD CAF to see if you are eligible. If you are eligible, they will re-open your case and an adjudicator will investigate your case. They will allow you to submit your information for the adjudicator to investigate. The adjudicator will make a favorable decision or will issue a Statement of Reasons (SOR) denying you. You can then appeal that decision and sit before an administrative judge. I would suggest that if you are eligible to continue the investigation that you would hire a lawyer to help you submit the paperwork that you want to submit. The further this goes along in the process, I felt like the less chance I had for a favorable decision. Ultimately, I got denied my clearance for a couple of minor incidents. Gather as much evidence as you can to fight it.
I ran into some recent tax issues. I hired a company to file some back taxes and handle any tax issues with the state of MD and the IRS. They filed the back tax returns and that was it! They didn’t set up a payment plan or contact the IRS and I was hit with a lien. I immediately set up a payment plan, but my company filed an incident report and put it in JPAS and the Govt. agency that I was supporting told them that I can’t return to work until it gets investigated. I have a TS/SCI with a CI Poly. Can I get as Secret Clearance or do I lose everything?
I’m pretty sure that you lose everything until this gets resolved (you haven’t really lost it until you get denied – Statement of Reasons, but you can’t continue anything until this gets resolved). If you have a sponsor, then CAF will work through it. If you don’t have a sponsor, I would contact the DOD CAF and see if they will continue your case if your last company dropped you before they made a decision. If you can get in contact with the right person, they will push it through to continue your case until a decision is made. If you really want your clearance back, then hire a lawyer that specializes in this clearance process. They should be able to write things up and send the right info so that you will get it back. If an adjudicator denies you, it’s hard to get a judge to overturn your case. The sooner you can get your clearance back in the process the better chance you have. As you go along, the chances of success diminish. Good luck.
I notified my company of an incident in March. I was arrested for DUI and notified them immediately. They submitted an incident report. In October, the charge was reduced to a reckless driving, however, I still lost my job due to my position. I applied for other jobs and one job in particular took ownership of my clearance. They received request from CAF for me to respond to some time sensitive information, however, this company never passed the information on to me. Due to me not responding (because it was never passed on to me and I never knew anything about this), in JPAS it shows a “No determination.” Does this mean I no longer have a clearance? How do I go about finding the information that the CAF requested and respond to them with the information they need to get this resolved.
I can’t start my new job until this is resolved. The new job is telling me that there is nothing that I can do and that the government has to be the one to overturn the decision. How long will this take after they (new company) has made the request for them to overturn decision?
What, if anything, can I do to get this resolved?
I would call this number (DOD CAF Main number) 866-231-3153. Tell them your story and see if they will pass you to the right person. I worked with someone named Meegan who was able to look up my record and determine that I was eligible to continue the process. They had an adjudicator continue the investigator without a sponsor.
I was told by the security specialist of my company that I am not eligible to upgrade to a TS/SCI when it has only been 1 year that it has been inactive. Also, I had a minor criminal incident back on 2012 that I mitigated and reported once I was on a govt. project before then I was not supporting any govt customer. I did not tell the two because my lawyer told me that I did not have to report till I was supporting a federal client. What are my courses of action?
So I have a question. While in the process for elevating a secret to a TS SCI in the military the clearance was suspended and the SOR was responded to it was determined denied as a few items were not addressed fully enough (credit issues), now waiting on a hearing date. But my question is for the worst case if they determine not to reinstate it than am I Abel to reapply for my secret back or do I have to wait the year. As an officer that is a minimum requirement to stay in the TS was for a new position that I will no longer be moving to.
I have a question, I was forced out of government service after 19 years service with all my benefits intact on June 9, 2006 for misuse of a government computer. and I am currently working in the corporate security field as a contractor. I recently applied for a job with a government security agency and they told me they couldn’t hire me because there was a red flag on my Secret, and Top Secret Clearance that came up in JPAS with no determination. I never received anything from the Department of Defense indicating my Clearance was Revoked, or Suspended. What can I do to find out my status
I
Josh, when you separated from the government, your agency likely submitted an incident report to the Consolidated Adjudications Facility (CAF), advising them of the reason for the separation. Once you separated, the CAF lost jurisdiction to actually review the incident to make a determination regarding your continued eligibility for the clearance. Therefore, the CAF could not even make a determination as to whether to revoke or suspend your clearance.
Nonetheless, you’ve been out of a cleared position for so long, you wouldn’t be able to pick that clearance back up anyway. Regardless of the “red flag,” a prospective employer would still have to submit you for a new clearance. Therefore, the “red flag” doesn’t mean much of anything since you’d have to go through a full background investigation.
If you want a copy of your JPAS, you can submit a Privacy Act request to the Defense Manpower Data Center, but that will only give you a copy of the information the prospective employer is looking at. This does not constitute legal advice.
Hi Josh,
If the security agency you applied to is a federal agency, then it will be difficult to get back into any federal employment. The red flag is in place to solely block your re-entry into federal employment. It will be difficult to reverse that flag unless something significant has happened to exonerate you or reverse the reason for which the flag was placed in the first place. It’s even easier to be adjudged if you were still a federal employee. Since you are no longer a federal employee, it will be difficult to even have your case re-opened.
A very bleak outlook if your intention is to get back to government employment.
Hello thanks for your reply, but information you provided is not correct, because I just recently contacted a highly recognized attorney that handles suspended and revoked clearance case in Washington D.C. and he informed my that I could once again gain government employment because of the length of time I have been away from government service and the nature of my case. With I have said already retained this law firm. The information you provide is not truthful.
Hello
My clearance was revoked for a minor DUI by DOHA,. A couple of years has passed – Can I reapply for a clearance being requested by a DOD contracting Company.
In other words how long is the waiting period after a clearance been revoked or suspended by DOHA – for to reapply?
Thank You for your time SR.
I don’t believe there is a set time for a company or gov’t organization to submit you for a clearance. I have heard that over time, there is a better chance that you can have your clearance re-instated. I was given the advice to start for a Secret Clearance, then work your way up from there. I was also told to try for a job in the military reserves or government, as they are more likely to push your clearance through.
Edward, your employer can resubmit you for a clearance one year after having it revoked. When you re-apply, you will receive a letter from DOHA asking you to explain how the concerns have been mitigated. If they agree, then they will allow you to continue with the resubmission. If you have concerns with being approved for the resubmission, you may want to consider following up with a security clearance professional. This does not constitute legal advice.
I thank you Nicole for the info. I will get on it right away. I’m glad and happy there are people like you, Once again thank you
by mistake i send 2 page unclassified info to my hot mail account. now my JPASS says “Information System incident”
it might revoked.
what do i do now, please help i made a stupid mistake.
I just had my 5yr periodic review for my TS clearance with the Army. I meet with an OPM investigator. During the interview he asked if I knew I had a minor in possession of alcohol fine of 50$ that was paid 16 years ago. Well out of the 10yr scope of this review by the way. This was four years before I was in the military. I told him I had no idea what that was. He asked if it was brought up in my past interview and I said no this is the first time I’m hearing off this. I also told him it was not brought up in my initial investigation as well. He wrote down my response and said ok and went on. I am left wondering what I should do? I am checking with the law enforcement where he said this took place to see if its real or a mistake because (which he said It could be) I would remember something like this. Could this effect the re-up of my clearance? When I asked him that he said I would not worry about it. What should I do or is there something I should be doing at this point?
Do not worry about it IF you are convinced it didn’t happen. If it actually happened, your integrity is definitely going to take a hit. In these interviews, it is never an issue when you tell the truth about an event no matter how bad the incident is. However, if you tell a lie over an incident, no matter how minor, it’s a bad look.
Integrity is integrity even if it is 20 years old. Check with the police dept and ask to see a copy of the original report. Hmmmm.
Hi,
My Army reserve unit commander had my TS/SCI clearance suspended but never told me about it nor did he give me the option to challenge it. This was in 7/14, and JPAS shows it as suspended. I left the Army in 10/2014 and no action or adjudication was ever done. My clearance just lays there in limbo, and yet I have never had any official notification of ANYTHING.
Will this matter ever be resolved on its own? Or do I need to contact someone to get them to make a decision? Also, is there an e-mail address I can use to contact these decision makers?
I actually do not know what to tell prospective employers since nothing was ever really done, and it was done out of spite, not a crime on my part.
Contact the physical security officer at your agency and you will be allowed to re-apply via e-QIP. Your position must require that level of clearance though. The idiotic commander probably asked to get your clearance dropped and justified it by suggesting that your day to day work did not require the clearance.
Since there is no issue, you can tell prospective employees of the security clearance you had in the military. As a civilian, it is a new adjudication process anyway. It’s just a faster process because you previously held a military clearance.
Joseph,
I am no longer being sponsored for my clearance since I am no longer in the Army reserves. Therefore I have no contact with a security officer or e-QIP for that matter.
My idiotic commander did this because him and I were are odds which eventually led to me filing an IG complaint against him.
With that being said, I need to get in contact with the agency who can either cancel my suspension or have the case adjudicated. Any contact info? e-mail or telephone?
Joseph,
When I applied to 2 civilian jobs, they both said the same thing: My security clearance has a red flag on it (in JPAS). So that turns them off for possible employment.
Sam was your issue ever rectified ? I am going through the very same situation
Derell NO, it was never taken care of…and its been past 2 years now, so the clearance is dead no matter what. How did your situation turn out?
I’m a nationalized US citizen, and while working at my previous employer I had a secret clearance. While there they (the company) held my other country Passport (it was snipped, actually, rendering it unusable).
I change company, and when I start my new assignment, I was told that I had an incident hence I was flagged (the incident was that I had country of origin passport returned to me) and asked to work with my new company to have this solved.
My questions are:
does anyone have an idea on how will it take to have the “flag” removed or reset so I can go back to my place of work? What kind of status does this “flag” set my clearance to? Note: my country of origin is not on a US Blacklist.
Thanks in advance
Rafael, the “flag” does not actually suspend or otherwise remove your eligibility for a clearance. It’s merely a notification to the CAF that there is a potential issue which could affect your current eligibility. If you haven’t already, you need to give your passport to the Facility Security Officer with your new company and have them submit an update to the incident report reflecting this. This should, in effect, favorably resolve the prior incident report. They should then follow up with the CAF to see if the review of your incident report can be expedited in light of the fact that there is no longer an active issue. Unfortunately, there is no way to estimate how long it will take for the CAF to favorably close out the incident report. The incident report, itself, won’t disappear because it is made a part of your JPAS record. However, as long as your eligibility for the clearance is not removed, then there are no actual problems with your clearance. This does not constitute legal advice.
Thanks Nicole,
I did as you suggested when notified of the “flag”: i provided my useless passport to my new company, now we are waiting for a positive response.
It is a relieve to know that my incident does not merit the suspension of my eligibility.
Thanks again!
I have aTS clearance and was found guilty of misdemeanor domestic assault how will this affected my clearance..
I had a sor issued to me in October of 2014, at that point my clearance expired and I have been in an expired state. I submitted my packet to the caf within the 60 day time frame it has been 7 months and we have not heard anything about my packet and I am still do not have a clearance and I am unable to do my job. I keep in contact with my security officer but is there anything I can do? Will calling the caf hurt my chances of a favorable review of my packet? I had financial issues from when I was going through my divorce a lot of charged off accounts that I am paying down slowly.
I accepted a job overseas, while overseas married a foreign national did not disclose this information to the government or my employer. I was/am already married in the US. There was an investigation opened summer 2014 there is a red flag on my clearance no government companies will hire me, how long is the process to have the red flag removed, how likely is it that I will keep my TS/SCI clearance?
Mike, Despite the negative result, in the security clearance world, honesty is important. Depending on the nature of the facts that caused your revocation, it is definitely possible to reapply and obtain a favorable adjudication. It is always best to show you have made assertive efforts to fix the previous disqualifying concern when you reapply. If you would like to speak further with a member of Tully Rinckey PLLC’s National Security Law Practice Group, call (202) 787-1900. The information provided here does not constitute legal advice.
I was granted the clearance in 2007, 2010 and 2012.
in 2013 there was an open investigation SSBI for the TS and later on I was told that there’s an LOJ on my clearance, I contacted the DOHA and I had a hearing on 2014 I made big mistake I went to the hearing without attorney, the DOHA lawyer grilled me well, in result my clearance was revoked, I appealed with a lawyer but could not do anything. and I was notified that I can reapply a year from that date. so what is the chance to have clearance again?
my problem I was too honest with the screener I over shared the information I should keep my mouth shut!
Mo, Despite the negative result, in the security clearance world, honesty is important. Depending on the nature of the facts that caused your revocation, it is definitely possible to reapply and obtain a favorable adjudication. It is always best to show you have made assertive efforts to fix the previous disqualifying concern when you reapply. If you would like to speak further with a member of Tully Rinckey PLLC’s National Security Law Practice Group, call (202) 787-1900. The information provided here does not constitute legal advice.
I was on active duty with a TS/SCI clearance. I had a court martial which was eventually overturned by an appeals court.
In the meantime my security clearance showed as “loss of jurisdiction” and when I was reinstated to active duty I was told I had lost my security clearance but I never received a statement of reasons or any other letter indicating what happened to my clearance.
I was ultimately put into another career field because I was showing as having no clearance … even though the new field required a secret clearance??
Thank you.
James, It seems to me that you would benefit by checking the JPAS website to determine the true status of your clearance. Since you had unique circumstances, your clearance may have been revoked due to the notice of conviction, but then reinitiated when the conviction was reversed. The information regarding what happened is available if you request it. If you would like to speak further with a member of Tully Rinckey PLLC’s National Security Law Practice Group, call (202) 787-1900. The information provided here does not constitute legal advice.
I was just told by a potential employer that according to JPAS my TS/SCI was suspended in Aug 2014. This is news to me. What do I do now?
Lisa, I would first check the JPAS website to determine the nature of the revocation. You may also obtain information from the Security and Investigations Index (SII), or by telephoning the DoD Security Service Center at 888-282-7682. You can always obtain a copy of your investigation paperwork directly from the OPM. If you would like to speak further with a member of Tully Rinckey PLLC’s National Security Law Practice Group, call (202) 787-1900. The information provided here does not constitute legal advice.
Four years ago I came up positive on a urinalysis while in the reserves. After going through an ADSEP board I was allowed to retire with a Honorable Discharge. I was also told that no mention of this would be retained in my personnel record. After being reinvestigated for my perodic TS/SCI review, the OPM investigator brought it up in my interview and I disclosed all aspects of my situation and showed them paperwork from my ADSEP board which was cited that my reason for “Popping Positive” was UNKNOWING Ingestion of THC. Can my clearance still be upheld or am I fighting a losing battle.
Joel, Security clearance adjudicators are looking at the “whole person” when considering your clearance eligibility. Your military service is a plus, and showing that you don’t knowingly use illegal drugs is important. It’s a battle worth fighting, and you can definitely be successful. If you would like to speak further with a member of Tully Rinckey PLLC’s National Security Law Practice Group, call (202) 787-1900. The information provided here does not constitute legal advice.
While working for DoD my Secret Clearance has been suspended in November, 2014 for testing positive for marijuana. I was eventually removed from my employment but hired an attorney to appeal the decision and settled on me resigning for personal reasons effective in May, 2015. As far as I know my clearance is still suspended since I have not received any notice of revocation, is there a chance that I get my clearance reinstated?
Reinstatement of your clearance is certainly a possibility. Your first step is understanding the current status of your clearance. Many times, that can be a complicated process. You may be in a position where you have to take official legal actions to obtain your personal information through JPAS and the Defense Security Service. Once you understand what is being reported, it is always best to have a sponsor assist you in obtaining your clearance review or adjudication. Generally, a minimal use of marijuana will not permanently disqualify you from having a clearance. Your future adjudicator will want to see that you have sought rehabilitation efforts and continued to abstain from further illegal drug use. If you would like to speak further with a member of Tully Rinckey PLLC’s National Security Law Practice Group, call (202) 787-1900. The information provided here does not constitute legal advice.
Question: I had a Mental Health issue in May 2015, which I voluntarily reported to my Security Office. As a result, my TS Clearance has been temporarily suspended and I was placed on Admin Leave pending the outcome of the CAF’s investigation. Since this process could take years (according to DISA HQ), I want to get a part-time job. How will my suspension look on a background check with a non-federal employer?
Mental health concerns do not automatically cause a clearance revocation. You can mitigate the concern by showing you have received treatment and it is not an ongoing problem. It is good that you reported it voluntarily because it is a further sign of your responsibility. It does take time to work through an adjudication process, but in the long run it is worth the effort. Please remember you have committed no employment misconduct, and you have not been “fired” in the traditional sense. Review the questions on job applications closely, and consider seeking help from a professional to make sure you are confident in your employment history reporting. If you would like to speak further with a member of Tully Rinckey PLLC’s National Security Law Practice Group, call (202) 787-1900. The information provided here does not constitute legal advice.
This is in regard to military/federal employee security clearance. My husband went through a divorce 5 years ago which required him to spend half his pay in child support and alimony the he was hosed by all the debts they jointly acquired. He had to pay everything and wasn’t able to. In the meantime his security clearance for his Full time Civilian Air National Guard job came up for renewal. He’s served a combined 24 years active duty/reserves. They revoked his clearance siting unpaid debts in collection status. We appealed the decision to revoke his clearance. Explaining that we would work on paying off the debts. That appeal was denied. We then sold everything we had and paid off the debts except one because they will not return our calls. We submitted new paperwork with receipts and proof but They removed him from his shop today without proper notice or any letters. Do we have any recourse???
I am disappointed to hear about your husband’s circumstances. As you are aware, the DOD CAF and DOHA Administrative Law Judges take debt matters seriously. It is positive to hear that you have taken substantial steps to alleviate any outstanding debts. Many times, even though you have provided documentation to the appropriate authorities, it still takes extra advocacy efforts to get your arguments heard by the right people. I recommend consulting with a security clearance professional that can help you figure out where you stand in the process and outline your options. You may still have remedies available to fix the problem. If you would like to speak further with a member of Tully Rinckey PLLC’s National Security Law Practice Group, call (202) 787-1900. The information provided here does not constitute legal advice.
I had a proposal to revoke my Top Secret clearance. I responded to the proposal, however noting to the review that the proposal was missing a page. I have since been removed pending mspb decision, however the deciding official has never responded to my appeal of revocation. It’s been 2hrs still no response. Since the revocation is missing pages, is it still legally sufficient and why is there no answer after 2 yrs?
Generally, a technicality such as a missing page will not make a revocation proceeding legally insufficient. However, one of the most important due process rights you have in a revocation action is notice – if you did not receive full notice of the allegations behind the revocation – you could have a valid unfairness argument when your clearance is reviewed in the future. Always keep accurate records of everything you receive and submit. Also, sometimes deciding authorities are sloppy and do not practice appropriate follow-through – particularly when you are no longer in the position you were removed from. There are legal mechanisms in place to request and receive records regarding the status of your clearance. I suggest working with a professional to request your records. You will then know your options to make good decisions about your clearance. If you would like to speak further with a member of Tully Rinckey PLLC’s National Security Law Practice Group, call (202) 787-1900. The information provided here does not constitute legal advice.
Question: I was recently told that my clearance could not be crossed over due to, “unadjudicated reasons.” How can I get this issue fixed so that I can get my clearance back active so that I can use it? this is coming from the VA client?
It is not unusual to have security concerns noted in your security profile that have not been fully adjudicated. The concerns can arise either from your answers on clearance questionnaires, or if someone makes an incident report. Typically, concerns are not adjudicated unless you are currently holding a job that requires a clearance. In this situation, gathering the appropriate information is the first step. There are processes to gather that information. I encourage you to seek help from a security clearance professional to ensure inquiries are made through the proper channels. If you would like to speak further with a member of Tully Rinckey PLLC’s National Security Law Practice Group, call (202) 787-1900. The information provided here does not constitute legal advice.
I just went through my personal interview today with an OPM investigator. I learned that my sponsoring contractor is losing the contract on 9/18 of this year, and another contractor is taking over and will sponsor all current applications on that date. Will this cause my current application to be put on hold or even start the process all over again?
It appears from your question that you are well into the investigation process, since you have submitted your paperwork and had a personal interview with the OPM. If the new contractor is willing to take sponsorship of the pending clearances, there should not be any unusual holds or delays in the process. Typically, oncoming contractors are in a rush to find approved employees, so, there is a strong likelihood that your application will continue to move forward since you are so far into the investigative process. If you would like to speak further with a member of Tully Rinckey PLLC’s National Security Law Practice Group, call (202) 787-1900. The information provided here does not constitute legal advice.
A mandatory requirement of my job a minimum of a NACI/SF85 investigation clearance. My secret clearance was revoked in June 2013 (while active military) and I retired October 2014. Reason for revoked was Financial Considerations (divorce debt from ’09) that I have been mitigating and showing effort on debt management plan. Company FSO has sent an RRU to downgrade my clearance to Public Trust to CAF in August 2015, but as of today nothing has been heard.
My hire date was May 2015. If I am not able to get appropriate clearance by September 2015 they will be terminating my employment.
What recouse do I have? Who can I contact? I have already pinged my FSO quite a bit, but nothing has been updated in JPAS as of yet. I asked my FSO to contact CAF but I don’t think they’ve heard anything.
The reasons associated with your previous revocation will be the main hurdle you will need to clear. Your FSO can only help so much if you have a negative adjudication history that has not been resolved. Work on paying off any delinquent debt that may show on your credit report. Keep records of everything, because you may need to prove you paid it. Also, get a copy of your security clearance records. This is probably going to be a long-term project. Ultimately, when you have an employer that will sponsor you for a clearance, you want to be confident there are no outstanding problems. If you would like to speak further with a member of Tully Rinckey PLLC’s National Security Law Practice Group, call (202) 787-1900. The information provided here does not constitute legal advice.
I am due to be terminated next week because I have been unable to gain a Public Trust in enough time to hold my contracting position. My Secret was revoked in 6/2013 due to Financial COnsiderations (Divorce Debt). I retired from the active military after 17 years of honorable service. When I was hired I thought all the FSO had to do was resubmit my information and my mitigation plan that has been effect for the last couple of years. However the FSO thought the government agency we work for would push my package to CAF, but they didn’t and so the FSO pushed an RRU to downgrade me to Public Trust. My job requires a NACI/SF85. I provided my previous OPM investigation (SF86). The RRU was submitted late August. Now I have one week remaining before my firing due to inability to obtain/retain a clearance. Other than annoying my FSO, what other steps can I take? They said they only deal with DSS, and to date do not see a change in JPAS for me to remove the revoked status. My management says they have never seen any favorable outcome for people in similar circumstances. Please advise.
Your clearance matter sounds complicated because you have a previous revocation to contend with. It sounds like the FSO has tried to make things work. I think you need to view this as a long-term process. Unfortunately, there is no quick fix. I would advise you to continue paying off any delinquent debt. Make payments in a timely manner, and keep records of everything showing you have paid off the debts. I would also advise you to obtain a copy of your security clearance records. Ultimately, you will need to have an employer sponsor you for a clearance. If you can show you have fixed the problems, the better your chances of a favorable outcome. If you would like to speak further with a member of Tully Rinckey PLLC’s National Security Law Practice Group, call (202) 787-1900. The information provided here does not constitute legal advice.
Nicole or whomever can answer:
5 years ago when I enlisted with the Army National Guard, I enlisted in an mos that required a secret security clearance. 5 months after I enlisted, while in basic training, I was informed by Active Duty Army that my security clearance had been suspended 4 months earlier. However, my state national guard nor my recruiter had informed me. Since I was in training, I was unable to respond to my sor or resolve any of the sor reasons. My state national guard decided to reclass me to a non-security clearance mos. I finished mos school and came back home and continued serving in the guard. A year later, I got a federal technician position with my state national guard. When I requested access to the network domain I was denied because of my suspended security clearance application 2 years prior. I talked to our security officer and he said I must respond to the sor and have a favorable result in order to be given access. However, my position does not require a security clearance and I do not need access to classified info. My question is, is it too late to respond to a 5 year old sor? I have resolved all the issues on it but I’m worried that because of the time that has passed that it might not matter.
I am sympathetic to your position. It is unfortunate that the basic training command didn’t give you time, and assistance, to respond to the statement of reasons. Clearly, your security clearance was part of your military training and qualifications – which was their mission. Five years later, you have a complicated circumstance. At this point, I would definitely follow the direction of your unit security officer. Units have the authority to request clearance adjudications for their assigned service members who require clearances. Typically, they will submit a current SF 86 and submit it to e-Qip. Remember, you must report that your clearance was previously suspended or revoked. The OPM will investigate the issue, so prepare to show you have fixed the previous problems. Be proactive, and make sure your chain of command is a part of process. The reality of our current operational tempos require assertive command influence to resolve complicated circumstances. If you would like to speak further with a member of Tully Rinckey PLLC’s National Security Law Practice Group, call (202) 787-1900. The information provided here does not constitute legal advice.
I was hired as a government civilian with a temporary secret clearance. I actually started the position and have been in it for 9 weeks. However due to some indebtedness on my part I received an SOR today. I plan on addressing the SOR but can I lose my job while the appeal of the SOR is going on? Also, can I end up losing my job if the SOR appeal doesn’t come back in my favor?
If you receive a Statement of Reasons, it doesn’t automatically mean your clearance will be suspended. The seriousness of the security concern is the most important thing when determining the status of the clearance during the adjudication and response process. Typically, employers do not suspend clearances for financial matters. However, if the financial concern is not mitigated, it could eventually cause a clearance revocation and loss of employment. I suggest that you seek legal advice before responding to the Statement of Reasons. Many times, once the debt issue is fully analyzed and explained, it can be successfully mitigated. If you would like to speak further with a member of Tully Rinckey PLLC’s National Security Law Practice Group, call (202) 787-1900. The information provided here does not constitute legal advice.
I am a newbie when it comes to clearance.I applied for a DoD job few weeks ago and after successfully being offered a job as a contractor I was subjected to top secret clearance.I had information last week OPM did not offer me interim to start work but rather investigation is PENDING.What does this mean?Will it affect future employment?For your info I became a naturalized citizen few months ago.
It is not uncommon when you are new in the security clearance process for you to have a “Pending” characterization. That essentially means that the information you provided in the SF 86 is being reviewed and investigated. It does take time for the OPM and the DoD to fully review the information before they will provide a secret clearance. This particular status should not affect future employment, but, hopefully your current employer will be patient and wait for the review and investigation to be completed. Based upon your comments, there is a potential that your past will be scrutinized under the Adjudicative Guidelines for Foreign Influence and Foreign Preference. There automatically will be some scrutiny due to your citizenship history, so make sure that you are accurate and thorough when responding to your security questionnaires. If you would like to speak further with a member of Tully Rinckey PLLC’s National Security Law Practice Group, call (202) 787-1900. The information provided here does not constitute legal advice.
Question if I had a security clearance and it was revoked due to adverse action, could I have it reinstated or is this the end of my career?
CJ, It is generally not the end of your career just because your clearance has been revoked. There are processes that allow for reinstatement of security clearances. However, you have two main obstacles to overcome. First, you will need a sponsor. You cannot simply reapply yourself, but will need to have a job that requires a security clearance. The employer would submit a reapplication, and it will be considered under the same processing requirements as any new application. Second, you must provide evidence that you have resolved or mitigated the circumstances that caused the initial revocation. For example, if you were revoked because of financial reasons, you need to show that you currently have no delinquent financial matters. Please also remember that you are barred from reapplying for one year after the date of the unfavorable decision. If you would like to speak further with a member of Tully Rinckey PLLC’s National Security Law Practice Group, call (202) 787-1900. The information provided here does not constitute legal advice.
Last month I received a job offer from a contractor. I completed my e-qip and last week my investigation was assigned and “opened”, which was great news. My start date is early Jan. Last weekend I was arrested for DUI (first arrest/DUI) Ultimately, I should inform the security officer of my DUI since they are sponsoring my clearance – even though I am not an employee. However, chances are they will drop me. I have an attorney, we are working to get the charge reduced to “reckless” but obviously my e-qip will need to be resubmitted with the new information. Can I start the adjudication process with CAF even though the DUI case is in process? What time frame am I look at to get my clearance back to normal so that any contractor can hire me?
Amber, your circumstances definitely create difficult decisions. It is important to remember that the DUI arrest will show up during the clearance investigation process, but a single DUI arrest is not an automatic disqualifier. With those factors in mind, you are in a “catch 22” scenario. If you disclose the arrest now, the employer could lose interest or withdraw the offer. If you don’t disclose the arrest now, the clearance adjudicators could view your lack of disclosure negatively and deny the clearance. Either way, honesty is the best policy in the security clearance arena. So, your best option is convincing the employer to stick with you until the background investigation is completed. If the employer sees you as a good risk, I encourage you to have all of your DUI paperwork ready for the clearance investigator. Your honesty, and showing of responsibility, will ultimately be the most important factor. If you would like to speak further with a member of Tully Rinckey PLLC’s National Security Law Practice Group, call (202) 787-1900. The information provided here does not constitute legal advice.
Hey all!
Just a little worried about my re-investigation. I got a ticket at my last duty station for a “pay and go”, for 10$ in gas. It was a dumb mistake and got cleared up, but I had my rights read to me by a cop.
That being said I am separating while my re-investigation is happening and it has been 7 months. Has anyone else had theirs take 7 months and still be fine?
Also, if I get my TS denied for that will my Secret be denied as well?
Thank you to anyone who has time to answer this wall of text.
Derrick, regarding criminal offenses, typically the information you need to report is whether you have been arrested or convicted of a crime. From your description, it doesn’t sound like you were convicted of a theft, but you may have been arrested. Evidence that you did not commit the offense is important. Have all of the event documentation organized and ready for future investigative responses. It is not unusual for reinvestigations to take several months, so you shouldn’t assume that the “pay and go” incident is the reason for the hold-up. Your concern should be whether your clearance reinvestigation will ever be finalized. Since you are separating from the military you will most likely go into a “loss of jurisdiction” status – and the reinvestigation process will end. It may be best for you to remain in the military until the reinvestigation is finalized. I encourage you to work closely with your security manager during the adjudication process, and to seek legal assistance to avoid potential pitfalls. If you would like to speak further with a member of Tully Rinckey PLLC’s National Security Law Practice Group, call (202) 787-1900. The information provided here does not constitute legal advice.
I have a clearence and job currently and was applying to another job with another command still DOD. The company said I didn’t pass their pre employment drug screen. It was reported to JPAS but my current company didn’t report it but says and incident report was filed by the other company and now they need to notify my current organization of the report. Am I in danger of losing my clearence. Will I get a new test to take or will the decision be based on the previous test.
Illegal drug use is a common concern considered in clearance suspensions and revocations. A new drug test, at this point, will generally not fix the concern. However, a pattern of clean drug tests may provide evidence that you are not currently using illegal drugs. I recommend mitigating the concern by showing you take responsibility and don’t have a drug problem. Be honest during future security investigations regarding any drug-related incidents so that you don’t raise additional concerns about your honesty or trustworthiness. Also, begin developing a “treatment” record showing that you do not have a problem associated with drug use. In some rare instances, it may be possible to have the initial sample re-tested if you believe there was an error. However, it is best to confront the issue honestly and responsibly. If you would like to speak further with a member of Tully Rinckey PLLC’s National Security Law Practice Group, call (202) 787-1900. The information provided here does not constitute legal advice.
Hello,
My ex husband claims that his security clearance was taken away and now he has lost his job and is no longer able to provide for our daughters as the court orders. He has a history of lying and being vindictive and was wondering if there was anyway that I could determine if his clearance was really taken away? Our 2 daughters depend on his support and this has happened without any warning on his end and has left me in a very vulnerable position.
Your ex-husband’s security clearance status is protected under privacy laws, and some agencies will not disclose information to third parties because of classification issues. In other words, there is no way for you to independently identify his security clearance status. However, family law court’s require parties to fully disclose financial and employment information. So, if he is claiming inability to meet an obligation, he will be required to disclose why. Have your family law attorney or child support advocate obtain his security clearance records through discovery directly from him. In that instance, he may be compelled to provide the information without regard to his privacy rights. I encourage you to consult with an attorney who specializes in security clearance laws. If you would like to speak further with a member of Tully Rinckey PLLC’s National Security Law Practice Group, call (202) 787-1900. The information provided here does not constitute legal advice.
I had my TS suspended by state for a false reason. Rather than fight it i resigned. Now I was just selected for a dod job. I need a secret. What am I facing.
In my experience, the Department of Defense (DoD) provides more due process regarding clearance matters than other agencies. As such, the DoD may not be concerned about a clearance suspension that happened with the Department of State. However, be prepared by organizing your explanation regarding the suspension. You will likely have to meet with an OPM investigator, so, try to have some solid documentary evidence (affidavits, written statements) to support your side of the story. I would recommend seeking legal assistance to help you plan your defense. If you would like to speak further with a member of Tully Rinckey PLLC’s National Security Law Practice Group, call (202) 787-1900. The information provided here does not constitute legal advice.
I had my TS clearance denied and my Secret revoked back in 2007 due to financial concerns. I have since repaired my credit and I am now in good standing. I recently reapplied for a Secret clearance back in November of 2014. My investigation was closed in July 2015 and is “awaiting adjudication”. I started a new job that requires a Secret clearance and now I am just waiting. My current FSO has submitted an RRU to help push the adjudication but it has now been two weeks and I am afraid that I may lose my new job if the adjudication doesn’t happen soon. How long does it take for the CAF to respond to an RRU?
There are no hard deadlines regarding adjudications or re-certifications, and unfortunately there is typically a backlog of responses to inquiries. The best practice is to have the security office request a status check, but expect a wait. In the meantime, I recommend having all of your financial information updated and ready to present to the adjudicator or OPM investigator. Also, make yourself valuable to your current employer so they are motivated to wait for the clearance decision. If you would like to speak further with a member of Tully Rinckey PLLC’s National Security Law Practice Group, call (202) 787-1900. The information provided here does not constitute legal advice.
I have had a TS/SCI for 17yrs, I got a DWI-1st in July 2015. I was placed on Admin Leave with pay and my access to classified information was suspended at the Agency. I plead guilty to DWI 1st, Misdemeanor Alluding, Speeding and Refusal in late SEP 15. The Commander made a recommendation to DODCAF to revoke my clearance in late OCT 2015 after my court hearing and subsequent punishments. This is the first time I have ever been in trouble. In FEB 2016, I was put on indefinite suspension for failure to maintain a security clearance and for the “efficiency of service”. The Dod Agency suspended my access…. and put me on IND SP for not having access. The Agency can’t suspend my clearance, DoDCAF has the responsibility to adjudicate and/or issue an SOR. I am on IND SP until DODCAF makes a determination and/or any appeals. Other important facts. I self-reported the first business day after the arrest for DWI. Another employee got a DWI in late OCT 2015 and was convicted in late JAN 2016. That female employee has not had any adverse action taken against her and is still at work. I have been told she did NOT self-report but that the S2 found out through other means. So, can I make an EEO Claim regarding discrimination based on gender that I am being punished and she is not? Can I use that in my appeal to the MSPB? It also doesn’t seem right that the Agency suspended my access then suspended me for not maintaining my access. Can the Agency really arbitrarily suspend me and not take adverse action against her? Thanks. I am filing my appeal to the MSPB on Monday 8 Feb 16.
It is disappointing to hear that your Agency is treating you more severely than a similarly situated employee. I encourage you to consult with an attorney specializing in federal employment law. Agencies have the authority to suspend clearances, and likewise suspend your employment status, based upon alleged security concerns. However, it will ultimately be the decision of the DODCAF and potentially an Administrative Judge whether to permanently revoke the clearance. In my experience, it best for you to fully comply with the terms of your probation. Pay your fines as ordered, and fulfill all of the sentencing requirements. Your documented compliance will be an important piece of your defense. If you would like to speak further with a member of Tully Rinckey PLLC’s National Security Law Practice Group, call (202) 787-1900. The information provided here does not constitute legal advice.
I’m a contract investigator on the OPM contract. I was recently suspended from the contract due to incurring a battery offense which was dropped 3 weeks later due to insufficient evidence/lack of a case. I’ve submitted court documents showing the case has been dismissed, yet my suspension hasn’t been lifted. How long does it generally take for the agency to make a determination in a situation such as this?
No way to know. The government has no time constraints in security clearance processing. In my opinion OPM is incompetent since they allowed the Chinese to hack their database and Peking now has my personnel records. You have my condolences.
During the past Summer, the website used to input my clearance information to start the 5 year review process was taken offline due to hacking. My SSO never notified me that the website was brought back online and many months have passed now… My clearance expired in Oct 2015. Just today I brought this to their attention and am waiting for word back.
Will I be able to continue my job since I am active duty or will they have me work at the gym on base until everything is updated and a review has started?
Totally slipped my mind and now leadership is livid that I dropped the ball on this.
You and your command both dropped the ball but I expect the command will CYA and blame you. Your SSO should contact DSS and explain the situation. You may have to contact the Defense Office of Hearings & Appeals (DOHA.) If that doesn’t work you may need to retain counsel.
My TS clearance was revoked in 2011. I have waited the 1 or 2 years to reapply for it. However, when my name is put in JPAS it still reads revoked. How will an agency know that I am now eligible to reapply for a clearance? I have had 2 job offers within 6 months. Can someone help me get this cleared up? Shouldn’t the Agency that revoked my clearance now change my status to eligible to show other agencies that I can now apply for a new clearance?
You should have been eligible one year after revocation. Work with the FSO or SSO at your prospective employer.
Hello Mr. Graham. Since I posted my question, I have received a letter from the Agency that revoked my clearance stating that I can apply for a security clearance since I have been out for a year or more. The position that I am in now only requires a Public Trust investigation which was adjudicated favorably. The CVS is showing favorable but JPAS is still reading revoked status. The SSO or FSO here doesn’t deal with JPAS. So what do you suggest that I do in the regard? I am being told that the only way the revoked status can be removed is that an agency picks me up and put me back in for a clearance. Is this true? I was told I also can request to do a RRU? I don’t know what it is. IF so, how do I do that? trying so hard to show an Agency my eligibility…
If your security clearances is suspended without any proper reasons, you can consult with an attorney specialized in federal employment law. if you are looking for any assistance in federal employment cases visit our law firm or contact our attorney 888 977 2254
While on active duty I had my TS suspended for an investigation. I received a letter of reprimand and my TS was reinstated. I retired honorably from service and held a contractor job with a TS SCI. I have since moved on to other employment and my TS expired (a year and a half ago). I just got accepted for another contracting job that requires a secret and was told I am not in JPAS and have to start the process over again. Do i have anything to worry about with a secret. I have no criminal or financial issues–only the suspension and reinstatement.
You should be able to activate your clearance within two years of when it was deactivated. I would have the security officer check with DSS. Otherwise you should be able to obtain a clearance. Caveat: common sense is in short supply in security clearance adjudication.
I received a denial from DOHA, and according to the denial I am barred for one year from applying for a new clearance.
Would this affect applying for a contract with a company that does work for the Dept of Education? There is a clearance requirement, but I am unsure whether the bar from applying for a new clearance is only for DoD clearances or for all government clearances
You should apply to other departments and agencies. DOE issues its own clearances. While these agencies will have access to your records they may mitigate the security concerns and elect not to be bound by a DOD decision.
Last year, a DOHA judge revoked my secret clearance because of a nine-year-old incident in which I retained software/database work that I had done on an unclassified DoD contract and which had been abandoned by the client. My possession of the old work came up when I was being recruited by the intelligence community two years after retaining the work and a year after leaving the DoD office where I had done the work. I mentioned to the intelligence people that there may have been PII present in that work, but that I had deleted the work without checking for data. Intelligence then rejected my TS/SCI application. I reported the TS/SCI rejection when my DoD secret clearance came up for renewal five years later. Two years after filing my renewal application, a DOHA hearing was held. Three months after the hearing, the DOHA judge concluded that I had shown mitigation since the incident (eight year documented record of asking permission to keep copies of work, eight years of security training and industry certificates), but he ruled against me, saying my inconsistent statements concerning the presence of PII in the abandoned software/database wiped out any mitigation. My statements: told intelligence there probably was PII, stated in my DoD clearance renewal explanation five years later that there may or may not have been PII, and testified in DOHA hearing that, upon review of old correspondence and documentation, there could not have been PII.
I have been eligible to re-apply for a clearance for some time now, and I have several prospective employers who will sponsor me, but it seems that I probably cannot even get a Public Trust because I have no idea what kind of mitigation I can offer for what the judge perceived as inconsistent statements.
Your thoughts?
Since you have a DOHA decision revoking your clearance, if you re-apply DS will send you a notice that you must submit an application with the Director of DOHA to get permission to proceed with adjudication. If he approves that is no guarantee you will receive a clearance, just that you may proceed through a regular adjudication. You could receive another SOR and have to go through the entire process again. To obtain DOHA approval you will need to show how your circumstances have changed since the revocation. The passage of time is one mitigating factor. Without having more information it is difficult to speculate. My advice is seek counsel.
Question, My husband is military and CAF is questioning his clearance due to some credit issues, he had to submit reasons, so you think he will be revoked?
His clearance could be revoked. It depends upon how much unpaid debt there is, how delinquent are any payments, and what steps he has taken to work with creditors? It is up to him to make good faith efforts to resolve indebtedness.
I am currently an Active Duty officer in the Air Force and was punished under Article 15 UCMJ for marrying an enlisted member. All of my paperwork has been closed out, however, I just received notification from a possible future employer that my incident report is still open. I am expected to separate in the next 3-4 months and am not sure who I need to contact to begin the process to close out the incident report. I also was never given the chance to write a rebuttal when I first received notification of “suspension.” My commander told me my clearance isn’t revoked or suspended, but my access to classified at this base is suspended…not sure if that’s the same thing or not but either way, I’m not sure where to even begin.
Unless you can get your command to withdraw the incident report, when you separate your clearance file is closed as there is loss of jurisdiction when you no longer need the clearance. The person or entity that issued the incident report is the only one who may withdraw it. The government has no time deadlines when adjudicating clearances. Your suspended clearance is in limbo and my guess the AF is just sitting on it waiting for you to separate. They will then close your case file. Your new prospective employer will have to work with DOD to resolve the unadjudicated issue. You could be issued a Statement of Reasons allowing you to provide mitigating evidence, and may require a hearing before an administrative judge at the Defense Office of Hearings & Appeals (DOHA.) If you have an opportunity for a hearing always take it. Do not submit your case on the record without a hearing. The denial rates are extremely high.
I had a GOMOR and had my TS suspended but eventually reinstated. It has since expired and I need a secret clearance. Will this likely pass since the TS/SCI was reinstated?
If the clearance expired more than two years ago you will have to go through the process ab initio – from the beginning. If it is within two years you should be able to have the clearance activated.
I had my secret clearance suspended and I was placed on paid administrative leave. The investigation revealed nothing that would revoke my clearance and my clearance was restored, but a letter was placed in my file. I looked at the investigation through a FOIA request and it is basically all information provided by a single source and much of it is undocumented hearsay. Will this prevent me from getting another Federal job requiring a clearance? How can I get this embagoed or pulled? It’s inaccurate and insulting. I have a current Secret clearance.
Talk to your security officer. This also sounds like a HR matter and we do not make suggestions involving employment law.
I was removed from the OPM contract in 7/2015. Subsequently I was laid off as a contract investigator. I wasnot given a reason for the removal and I requested thru official channels to receive the reasons from opm. I still have not heard anything. I held a TS with DOD and a Q with DOE. I have a new contract position waiting on credentials to ne issued for CBP/ICE if there was an issue or flag would my current employer be aware, its been in process for 9 mos?
Clearance adjudication contains no deadlines for the government so it can take a long time in some cases. There isn’t much that can be done to expedite. You might have your security officer investigate if he/she has any contacts at DoD CAF.
Its been 10yrs now my clearance was revoked and how I can get my clearance back. Please help!!
I am a contractor who works in the Intelligence Community. Recently I was sited for downloading a virus on an Govt. unclassified system. The same unclassified system also had some mp3 files that had been downloaded. I was told these were security violations and I would have to report them on future SF 86’s and pre-screening forms. There was also a report sent to the Government on these so-called violations. My question is that since these incidents occurred on an unclassified Govt. system are they technically security violations? According to the NISPOM definition of a security violation, these incidents don’t appear to be since they do not involve classified information.
May depend on what your company IT rules are. If it’s a government computer and you downloaded a virus I believe that is a problem for you.
Hi, I was in the military for I got out of the military in 2009 in which I had a secret clearance. I joined the army reserves shortly after and found out that my clearance had been revoked for bad credit. My security manager gave me a copy of the SOR to rebuttal. I have done everything they asked and its been over 3 years and she keeps telling me that its in adjudication. I applied for a government job and was offered the position. Completed EQIP and OPM started their investigation. My security manager the said that OPM took over the investigation and still pending. that’s been over a year also. The job offer was retracted because the agency did not want to wait any longer. What can I do? I cant progress in the army reserves anymore because of my clearance issue.
Unfortunately the government has no deadlines when it comes to acting on applications for security clearances. In my experience it has not been uncommon for OPM to mishandle a case file. I suggest writing the Defense Office of Hearings & Appeals and requesting a status of that case. Did you answer the SOR allegations? If so the case should be ready for hearing before an administrative judge. If you have not done so you should contact DOHA and request a hearing. With respect to OPM a Congressional inquiry is appropriate. Contact your Congressman and/or Senator.
Chris, I was terminated and stripped of my clearances even though I was never issued a S.O.R. I wrote CAF & DOHA within 30-days of my revocation requesting a S.O.R. or an appeal and in 13-months I’ve not gotten a single response. I’ve had my Congresswoman write EEOC and DOHA and her office has received Zero. Bizarre, no? Is there a better attack?
EEOC generally has no jurisdiction in security clearance matters unless you can demonstrate the employer did not follow statutory guidelines in processing your clearance. Employers like to terminate employees on the basis of a security clearance violations as the EEOC and MSPB generally have no jurisdiction. It’s a way around the discrimination laws. Perhaps your Congresswoman might work through a colleague who is a member of the agency or department appropriation committee. Those voices are heard. Who did you write at DOHA? Send another letter to the Chief Department Counsel at DOHA, 875 N Randolph St, Arlington, VA 22203-1995.
Hello,
I was taken off my contract in March 2016 and terminated from my company. the next month my reinstatement process was started and nothing, I interviewed with investigator in June and still the process was stalled. I was informed that it was showing Pending Subject Interview. A few weeks later it was denied, but there was no interview. Also a company who first sponsored me out processed my clearance but I work for a different company. The FSO said there’s no bad comments on my file and I have not received a letter from NSA. Now I had a pending Poly adjudication that was not completed and I wonder if that may be the reason for the denial. The company I am going to submitted a RRU for a position. Is this how the process works and will it be better to just wait a year or go through an appeal? I see no reason why there would be a denial. I’ve had my clearance for over 25 years.
If your clearance was denied you should have received a Statement of Reasons (SOR) or Letter of Intent to Revoke or Deny (LOI). This would give you the opportunity to provide mitigating evidence. Have your FSO contact DOHA and/or DSS to see why one wasn’t issued.
What IF your employment & clearances are revoked -AND- you never receive a S.O.R. ever? In my case, DoS said coldly, “yeah, I don’t think we even did an investigation on you.” I was not given Due Process; could I sue in Federal Court?
Federal Courts have no jurisdiction in security clearance matters. Department of the Navy v. Egan, 484 U.S. 518 (1988)
I am currently in a reinvestigation with the VA gov agency and currently working on a contract that requires a TS/SCI FSP which I am actively using. I have been looking for other positions and was told by other companies that I could crossover to their company in the middle of a reinvestigation. However, as of yesterday the company that I got an offer with came back and told me that my crossover was denied by the agency due to “un-adjudicated information.” The company asked since I am actively using my clearance on an agency contract was there anything that could be done and they were told no because the un-adjudicated issue has to be resolved and reinvestigation finish before I can crossover to another company. This is frustrating because my reinvestigation started last November 2015 when I submitted my sf86 and I met with the OPM investigator in February 2016 and the only thing that came up was a Verizon Fios debt in collection for 750.00 which I reported on my credit as a dispute and that amount wasn’t correct and there was one other item on the credit report that didn’t belong to me that I also disputed. In March of 2016, my husband settled with Verizon FIOS for a lower amount and this has been removed off my credit report. Also, the other item that was incorrectly reported was also removed by May of 2016 after I disputed it so there are no more negative remarks on my credit report. At the end of August 2016, I also took my polygraph and explained this info and according to the person who did my polygraph he confirmed the results with his supervisor and I was told that according to what they see I passed the polygraph and that they didn’t forsee me having to retake it again and that was 5 months ago. I am concerned because my reinvestigation is still opened and the company I tried to go to said that the gov security told them that I can’t crossover til this unadjudicated information is resolved and reinvestigation is completed yet no one has contacted me from security at the agency to tell me what this unadjudicated information is that needs to be resolved. How am I suppose to resolve this if I don’t know what it is? My current security officers have been checking monthly and all they are is that my reinvestigation is still in process and as I stated, no one has told me what these unadjudicated info is and I don’t know if it is the Verizon thing or the other item that was on the credit report is the unjudicated info they are referring to because those issues have resolved. What can I do? This waiting around is frustrating me and I am tired of waiting around. My security officers claim that the agency is backlogged but it is unfair to be in this limbo that I have been in for the last year. I am currently using my clearance yet I can’t leave this position until they adjudicate my reinvestigation.
Unfortunately the government has no time deadlines when adjudicating security clearances. The only suggestion would be talk to your Senator or Congressman’s office. But even a Congressional inquiry is often blown off by the agencies saying the matters are under investigation and are processed in the order they are received.
If you have your clearance revoked by your agency, follow the process and have it reinstated by the CAF is this forever marked on your record that something happened? Would it prevent you from being hired at a new job…ie…the new employer goes to pull your clearance file and finds out you once had it revoked? Or would it cause problems with getting at TSA Precheck? Thanks!
You must list it on an eQIP. The fact the CAF reinstated after being provided mitigating information is a plus. Whether it will prevent you from future employment I can’t determine. It shouldn’t but remember you are dealing with the federal government and common sense is in short supply. Ask DHS about TSA Precheck.
I’m a government employee and noticed that I have a “LOI pending SOR”. I haven’t seen the actual SOR yet but this stemmed from an incident at a previous employer. I tested negative for a urinalysis testing but positive for an illicit drug during a hair follicle testing (previous employer conducts this type of testing). After this positive hair follicle testing, I immediately took another urinalysis which tested clean again. I’m wondering how to mitigate this issue as I have never taken illicit drugs during my career. I’m worried that my career and good name is jeopardy. Have you seen or heard of anything like this before? Normally the employer terminates employees when they test positive during a urinalysis but I was told by them that hair follicle is not the standard testing so I would be allowed to continue my career but elsewhere. I have transferred to another location but I believe the incident was reported. I am confused as to what to do and how to mitigate. I know this may not be the proper forum for this type of question but am desperate for good advice.
Have your SSO check JPAS and see if an incident report was filed.
The incident was reported and my clearance has been revoked. I feel as though the incident shouldn’t have been reported in the first place.
Does anyone have advice on a TS/SCI that is Inactive on JPAS? The last time my TS was active was 2014 and I was recently laid off from a promising private sector job where a clearance was not needed. I qualified, clean, and inside of my “5 year window”- yet because the 24 months of inactivity has passed it seems as if I am almost completely non hirable by ANY contracting company. Please any advice would be much appreciated
I had my Secret clearance denied due to financial reasons and I am currently in the Appeals phase (which I have low expectations that it will be overturned). If I file for bankruptcy before I apply for a Clearance after a year, do I stand a better chance of having it reinstated?
Depends upon the bankruptcy details, number of delinquent accounts, was there a strategic default on a mortgage? Facts and circumstances. Bankruptcy is a legitimate method of resolving debts but the total financial picture will be adjudicated. The act of filing bankruptcy does not in and of itself guarantee you will receive a clearance. If you are revoked you will need to show what mitigation you have done on the security concerns enumerated in the SOR/Decision.
I have just found out that my clearance was suspended by industry. Industry claims that they did not initiate the incident report and the DODCAF did. DODCAF responded saying that they did not initiate the Incident report. After looking into JPASS, the incident report says that the incident report was initiated by industry. Industry states that if they did initiate the incident report then they would be able to see the incident report to include to SOR. They cannot find the incident report nor SOR because they did not initiate it but it shows in JPASS that they did.
How is this possible? Who do you recommend that I go to see to:
-verify if the incident report has the right guy?
-verify and see if the originator of the incident report that does not exist?
I am completely lost…….
Contact DSS.
Since I posted my question, I have received a letter from the Agency that revoked my clearance stating that I can apply for a security clearance since I have been out for a year or more. The position that I am in now only requires a Public Trust investigation which was adjudicated favorably. The CVS is showing favorable but JPAS is still reading revoked status. The SSO or FSO here doesn’t deal with JPAS. So what do you suggest that I do in the regard? I am being told that the only way the revoked status can be removed is that an agency picks me up and put me back in for a clearance. Is this true? I was told I also can request to do a RRU? I don’t know what it is. IF so, how do I do that? I have lost 3 positions where an Agency has given a tentative offer but then withdrew the offer. I have appealed to the MSPB but they are asking me to show that they have jurisdiction over the case. I have until July 21 to answer. Can you give me some guidance?
Same situation man. The new agency can hire you and submit you either a new clearance or RRU which goes hand in hand. That’s exactly what I’m going through right now.
I lost my clearance after taking a poly 3 times @NGA. Results, Inconclusive, passed, inconclusive. Mind you, the one I passed was a previous inconclusive. I let the examiners know that I have nerve damage, throws issues and a heart murmur. Still, I never failed any of the tests buy after 30 years, I’m unemployed and will lose everything I’ve worked for. The only explanation……an unsuccessful poly. My lawyer is still waiting on my file but I only see homelessness.
Does having a suspended clearance flag you from any federal employment? Such as non-sensitive positions. I was medically seperated from active duty for a mental health issue and my clearance was put into suspension. Does this effect other government jobs? State, city etc? If my re-evaluation proves that the mental health issue was temporary (which the diagnosis as of now stands) can I reapply for a clearance? Are you only able to reinstate your clearance if a employer sponsers you?
Has there been any DOD CAF decisions overturned by a standing President?
I prefer not to go into details. However, after I resigned because my clearances were denied, after going through the whole appeals process and standing before the DOHA judge, I got a letter from the Director of the DOHA that said the President got involved. A month later the SECDEF, then two weeks later, the SECAF.
I have that same question because of it being an Executive order. I figured the POTUS can be involved. How did you get the president involved. Did you write a letter to him or did you have a Congressman or Senator get the POTUS involved? I need to go down that road as well.
My full Secret and Interim Top Secret clearances were rescinded last week. My FSO advised me to check my recent financial records. I find that my account is Delinquent in Property Tax Account (Car). Does this cause the rescission of my clearances? If yes, how may I help to resolve this matter at my end? I have already paid the delinquent amount. Please advise.
I have started with my current employer with Full Secret Clearance in June 2016. My current employer gave me an option to upgrade my secret clearance to Top Secret Clearance, which I took and applied for Top Secret Clearance. I got the Interim Top Secret Clearance right away after starting with my current employer. However, I am told by our FSO this week that the government has temporarily rescinded its interim secret clearance decision pending the completion of investigation and I don’t have any clearance. The same FSO has told me in November last year that my investigation is ended and my case is at adjudication. My current work only requires Secret Clearance.
How long the adjudication process will take in my case?
Hello everyone, I have an incident report in my record in JPAS, it’s been put by myold company’s FSO, the new company who hired me right before the incident report was put in my record notified me about it, now they can’t put me in a position so I’m just hanging and waiting, my question is: will CAF suspend (or revoke) my clearance with out an SOR/LOI, or they will let me know first or how that will work? I am just afraid that I will loose my current job and loose my clearance, will they conduct an investigation before they act on it? I can give more details if needed. Thanks in advance.
Frank
They give the new company options depending on the alleged incident. They can do a re-investigation or validate the incident because unless you admit the incident you innocent until proven guilty but the current job has to be willing to allow you to work or get recleared.
the FSO of the current company contacted me and said that DSS want me to fill out an SF86 even though my PR is not due till next year, she said its because of the incident report, so they might wanna clear me? if they wanted to suspend my clearance they could have with out requesting SF86? im not sure what I am expecting any ideas? and questions about more details just let me know thanks for responding by the way.
Frank
I have a sponsor now and im waiting to be cleared, the new company had me filling a new SF86 and now my clearance pending due to an incident report, waiting for adjudication but how long that will take? been 4 months almost so far, my incident report is personal conduct there is no valuation of security and the allegations against me isn’t true as clamed. any ideas? thanks in advanced.
Uh, so my situation has been more or less going on for years. So, I suppose I will start at the beginning. I met who is now my wife in October of 2014. She is a foreign national who at the time had just graduated with her Phd. We got along well and she was doing her thing but, then had to make a decision as she came here on a student VISA. So, she decided to join the US Army via the MAVNI program to earn her citizenship and around the same time I we decided to get married and I over the summer had been referred and hired for a position requiring a TS. Unfortunately, though I had been hired in June of that year. OPM had been hacked and I couldn’t start until October of that year. I am a former Navy Vet so, along with many others I’m sure our information was compromised. Either way we proceeded on from there believing that her enlistment would progress and everything would be fine. So, that didn’t happen as the MAVNI program ground to a halt and her ship dates had been pushed back time and time again we began becoming frustrated. They had implemented new requirements, “which ultimately make sense” but, were poorly implemented as they went through I believe 5 seperate forms of investigation ranging from SSBI to CI etc. Since we had no idea of whether anything would move forward with that we attempted to apply for her green card/work permit. Unfortunately, and I don’t understand how but, her application was for all intensive purposes lost. She, has been waiting for over a year for that and immigration won’t give us any answers that lead anywhere. Along the way I was issued a requirement to respond to what the government said were reasons I shouldn’t have a clearance. Namely it was the fact that my wife is a foreign national from Taiwan and had a student loan to acquire her doctorate. So, I decided to present our situation to an administrative judge along with a lawyer I hired to help represent me. The decision has come back as revoked due to her being a foreign nation and having a loan as stated above in January. I initially intended to appeal to DOHA but, my lawyer advised against it. Which I don’t even know is the right decision even now. And within a few weeks of the decision, the news we had been waiting for years for finally came back. My wife is scheduled to interview for her citizenship in April and will ship to boot camp in June. Along with that her paperwork indicates that she is cleared to acquire a TS security clearance once she is a citizen. I am at a complete loss on what to do with this situation. My lawyer indicated that I should attempt to find a sponsor in a year after the decision and bring the new evidence to light regarding the decision that led to revoking my clearance in the first place but, I don’t even understand how it was decided in this way!? All I know is I was very successful in my position as a Network Engineer for the government and was proud to serve. I would appreciate any information/recomendations since as of right now I feel completely lost on this matter. Thank you.
can DSS suspend clearance?
Is a “Letter of Intent” required to be provided to an active duty Soldier if their security clearance is going to be revoked?
You will get a notification from issuing agency and they will list each infraction, witnesses and give you a chamce to answer which most likely won’t matter. The notice will pretty much sound as though the decision has been made and it has…you may need a lawyer to help you.
If a letter of intent is not provided, and a security clearance is suspended or revoked; is there any recourse for the individual who’s clearance it affected?
Pm Mike ?
“Dev,”
I am not sure what “PM Mike” means.
Personal message . Just wanted to chat off the record if you were available
Sure whats up??
Sure…what’s up?
Sure… how can I reach you?
Dang I thought they had a inbox option here, guess not. Do you have any other media site outside of this? I’m only wanting to conversate based off your questions here I think I might can help you or you can help me with information.
Unfortunately, I don’t.
Email is fine at this point [email protected]
I work for the government. I am part of an FBI investigation, but not charged. My agency suspended my TS clearance and put me on Admin Leave. This has been going on for over one year. Now my agency sent me a letter stating that I cannot perform my job because my clearance has been suspended so they are releasing me from my position. I’m on terminal leave and haven’t worked in my position for over one year. Thoughts?
Come pull yourself up a seat right next to me in Limbo Rick. :/
Not exactly the same scenario but my clearance is in the same position.
It seems next to impossible to find a sponsor and I literally live in the DMV area.
My clearance was revoked and appealing it through the appearance to Judge. It was due to finances. Why did they take my computer access from me? I had access to an unclassified computer. Can I get it restored so that I can check email and acces military unclassified files.
When your security clearance is revoke does it mean that you are no longer eligible for a Public Trust as well.
If security clearance is revoked can members of that agency still contact this person for information?
I was fired for misuse of government property (going on Facebook). At the time I had a TS/SCI. I was told my SCI was revoked ONLY. As I apply for jobs I’m being told my TS has been red flagged. What does that mean and how do I get it unflagged?
The FSO of your previous company put an incident report on your Jpas and that’s why there is a red flag,
The only solution for this problem is you have to be hired by some company to have your clearance sponsored and they will have to request a new PR to renew your clearance to be adjudicated and after the adjudication the incedent report will be taken off your record, you can also request a copy of that incedent report to see what they have put in there against you, good luck I have an incedent report as well in my record (flagged) over also stupid shit have nothing to do with security
After I retired from a military I am hired as DoD government employee(GS) and worked overseas with no issues on clearance. After 5 yrs overseas on Jan 2014 I reported to a military base in the US. The Security manager told me I need to fill up an e-quip (March 2014) since I did not do a disclosure coming from overseas. By May 2014 according to the Security manager my clearance came adjudicated and have 10 years(2014) on it as a secret. On June 2015 I was hired by VA and they did a Public Trust with no issues obtaining it. Now I was hired by DoD overseas but according to my Security manager have status of Collab CAF administratively withdrawn on 9/2017 which i have no idea and never received any communication pertaining to it. My Security manager submitted a request and i have to start all over again. My question is why the security manager cannot communicate with CAF instead have me go through again submitting tons of information to obtain a clearance again? Is it because i transferred from DoD(secret) to VA(public trust)? Can they just reactivate my clearance which suppose to be expired 2024? Now,I’ve been told I might be release as a DoD employee and end up paying thousands of dollars re-assigning me overseas.Please, advise
I just recently got out of the Army on active duty back in November 2018. I am now applying for a position with a government contractor who has informed me that i do not have a security clearance. the problem with that is i would have had to have a sexret clearance to work in the S-6 shop where i worked for 3 years while i was in the Army.
Is there a way to tell if i never had a clearnance at all or if the clearance was revoked for some reason?
what is: investigation is closed, adjudication is completed with determination of null.
what is that mean?
do I still have clearance?
can I be sponsored ?
I had an incident report on my JPAS and my company requested a PR, after the PR, in my JPAS it shows that
adjudication is completed with determination of null.
thanks to yall in advance
I’m currently a civilian employee with a secret clearance that was renewed in 2012. Until March of 2018 had no issues with finances or suitability. March of 2018 had to begin travel back and forth to NC every weekend to assist with taking care of my father who became wheel chair bound causing financial strain so wound up having to short sale our home and now our annual income is getting ready to be reduced by approximately $36,000. Our only option at this point appears to be bankruptcy in some form. Is there a way to reach out to issuing authority prior to beginning proceedings to pre determine effect on my ability to maintain my clearance?
My question is i had a secret clearance, my company has me applie for a TS. My background investigator and i had a conflict. I reported that to my sponsor agency.
My TS was denied but i never received an SOI or SOR letter. My status show unfavorable. What do i do now?
My clearance was revoked in 2008, I left the Army with an honorable discharge. In 2011 I started working as a DoD Employee, currently I am about to apply for a job that has a Secret clearance-is the revocation permanent? Should I not bother to apply? Thank you in advance.
While in the reserves part-time I was hired by an aeronautical company Before i left the reserves I had an incident report filed against me but i was never notified of any further action. I continued to work for the other company with now issue. When I transferred to another military base to work for the same company that incident was still on my JPAS but it was never sent to the CAF. When I applied for my credentials for the new location the squadron commander saw the unresolved incident and decided to revoke my base access. My CAC card was taken and I was escorted off base with no warning or details to why it was needed for me to be kicked off base. My security clearance was still intact but I was kicked off anyway. The company I worked for had to let me go because i couldn’t get on base to do my job. I have been given no chance to appeal the commanders decision or make my case. That incident is over a year old and was finally sent to the CAF. With no current sponsor I am at risk of losing my clearanc. What can I do? The security managers on base do not know how to handle my requeat for appeal. They just give me the run around. How can I fight this?
Former adjudicator, I have a podcast and you can find me on FB. Secured Solutions and Federal Contractor Business Secrets, The Only Clearance Podcast. TC Mitchell
Upon seperation 4 months ago from the military, I had clearance and had a job offer upon leaving with military contractor outside of the US. I was let go 6 weeks showing my clearance was suspended by the military and they never sent the proper paperwork back through so JPAS still shows my suspension yet CAF. Now I’m stuck overseas with my family, no income because of a slip up with military paperwork. How do I go about getting the military paperwork corrected and fast. Plus do I hire an attorney to deal with the complete mess with my seperation? The person I spoke with at CAF said this is crazy how the military screwed up my seperation. Cant get unemployment because no paperwork DD214 is uploaded. Seriously dont know what to do. Military also didnt upload my CompTIA for renewal either so I’m scrambling to figure that out. Military told me to bad your a civilian now.
For just a little over 10 years, I was employed by a military contractor drone producing company. Due to a political change and a hostile environment was installed in the workplace focused on me, I was terminated from this company, for contrived reasons that no attorney would take on in a suit against the company nor my supervisors. For a period just over a year I have been actively searching out employment. Finally I land a good paying position only to find out that my previous company made a reporting to have my TS revoked. “Loss of Jurisdiction” as stated by the new company’s FSO/HR. First, I had no previous knowledge that my clearance was in a “revoked” status. No SOR was received. No opportunity to debunk or appeal the revocation was given. Now I’m tasked with going another route to at least have allowable entry to a military base but no access to government P.C. or other accesses because I can not receive a CAC ID. What can I do to reverse the revocation and have my clearance re-unstated? Very troubled and confused over all of this due to previous supervisors working out of spite and just plain evil intentions. What do I do now?
I work as a contractor at a military base. I work in a secured lab, I know its not suppose to be done but I wrote down the combination to the door on a small piece of paper as I had a hard time remembering it. It fell out of my pocket without my knowledge, someone found it and turned it in and there was no compromise of classified information, A PI was done and and it was not ruled an infraction or a violation (a lesser term was used) . My access is temporarily suspended while the CAF may re-do my clearance adjudication. In house and contractor have already conducted their inquiries/investigations and been entered into JPAS. Currently red flagged in JPAS, I have my eligibility but not access. Both contractor and base want me to continue employment once CAF makes a decision. Has anyone else had a situation like this?
Jason, yes just happened to me as well and in the same situation.
Each agency can decide whether or not they want to flag something it is purely subjective at the federal civilians level in that security office. I would say how they handled your case is not unique, But you’re choosing to write it down is a big no-no. And then the worst possible thing happened – that you have shown yourself to not abide by the rules. And the fact that you lost that piece of paper with the combination on it. In this industry it is much more difficult to gain the trust of your superiors then it is to go to your superiors and admit that you’re having trouble. You are not the first to be challenged with trying to remember a combination. This was your opportunity to talk to your SSO and ask how they remember codes and combinations. Because keep in mind, they didn’t just give you the rule to memorize it, all of us have to memorize it. Every installation in every state in every country and on every continent, we are all charged with the same requirement: memorize the combination and never write it down. Your decision could’ve cost you your very livelihood. I encourage you to stick to the rules, and And while you’re waiting for a final adjudication and for your record to turn back black, you may also send a letter requesting an expedient adjudication.
Hello,
Thanks for the replies. The CAF re-adjudicated my clearance all back to normal and back in black. Not sure if there is an incident report link within JPAS but nothing adverse happened.
Good luck Joe and hang in there. (are you gov or contractor)
Hello all,
My secret clearance was revoked back in April 2019 due to financial reasons to which I didn’t know how to answer the SOR. All in all I went in person to appeal with AJ in October 2019. In March 2020 I received an email from the AJ that her decision for me was favorable and she would send the information over to PSAB for a final determination. It is now the end of July and I have not heard a thing and the clearance status is still “revoked awaiting final decision from Army PSAB”.
Dpes anyone know how long PSAB takes? The contact information on their website is invalid and nobody that I have talked to knows how to get in contact with them to find out what is going on.
My Son who is Active Military U.S. Navy is brand NEW .. was pulled into the office today and told his “SECURITY LEVEL” was an ISSUE and he was being placed in another dept.
He’s had absolutely ZERO CHANGES IN LIFE SINCE JOINING OTHER THAN HIS .
NEW MARRIAGE
ADDRESS
AND WAITING ON GOVERMENT TO GRANT HIS HOUSING WHICH THEY SHOULD HAVE DONE BUT HAVEN’T
PLEASE HELP ME UNDERSTAND .
BECAUSE IM WONDERING IF THERES A PERSONAL ISSUE. THATS UNCONSTINTITUNAL
Hello,
Does anyone know if a NACI can be granted if the CAF has not made a determination? Also does anyone know if an agency submits a request for a clearance and the position does not require one what are the steps to address this. It would seem to me that this would be waste of resources to request a clearance when the duties do not require it. thanks
No it can’t. Just went through this thinking I would be able to take a NACI or Public Trust but it was declined since my adjudication is still pending review from PSAB since last year
If you were fired due to verbal threat to fight a co worker will the company flag you in JPAS? and if so and you get another job that requires a clearance the next month will that prohibit job opportunities until its cleared?
I filled out the SF86 March 2020 and I spoke to a woman, we went through credit report in detail, I filled out the 10 years of info provided a ton of extra info/backstory. I have already done fingerprinting, have a CAC working on installation and for some reason I got a weird cryptic email with a password protected pdf asking me to email a DCSA address for a passcode. What does this mean?
I would have to ask you a few more questions. But given that I’m replying a week later, did you ever contact DCSA?
Your website indicates one can file a FOIA request on behalf of a client whose security clearance has been revoked to obtain a copy of the investigative file. Does this mean that the revocation decision (SOR) and investigative file are discoverable by FOIA requests from any member of the general public or the media?
No. It can only be requested by the individual or a person with standing on behalf of the individual. Not general public or media.
I have worked for dod for 13 years 7 years ago split from my ex girlfriend. After five years fighting in court over custody of our kids she was able to get a restraining order. I was adjudicated and allowed to keep my clearance, at the request of my ex the restraining order was renewed for another five years. I have not violated at all but now I’m told that I have to report and sign papers tomorrow at security department? Can I appeal this? Would they really pull my clearance if I haven’t had anything new change?
At this point you’ve probably already reviewed the papers and signed them. But you certainly have a right to review the papers for about 24 to 48 hours. Next time shoot me an email ([email protected]) and I can respond quicker to you. Your company security department cannot determine your clearance, only the federal government can. So because this is a continuance of a situation it’s already been adjudicated, you can pretty much rest assured that you were fine and that your clearance is not in jeopardy.
Five years ago, I was upgrading from a Q to a TS/SCI clearance and I self-reported negative information that lead to my Q clearance being revoked. I had it adjudicated and my Q clearance was restored. Now I have the opportunity to work on another TS/SCI project. Is there any way that I will be able to upgrade my clearance after having my clearance revoked and restored?
I have served in the army for 22 years, and now they suspended my security clearance due to questioning my citizenship and I was not notified or my command either. Now it caused me to lose my new civilian job that I got. Is there anything I can do about it
I have served in the army for 22 years, and now they suspended my security clearance due to questioning my citizenship and I was not notified or my command either. Now it caused me to lose my new civilian job that I got. Is there anything I can do about it
I am victim of domestic violence. I got a FRO agains my ex gf. In vengeance, she filed false accusations against me and she received an FRO against me as well.
My trail attorney did not use any exculpatory evidence I sent him via email to show I was the victim and boost my credibility (the judge decision was based on credibility because zero evidence was presented)
Now I have in litigation for legal malpractice against that attorney.
What options do I have? I just received notification that my clearance is suspended/revoked. I have 18 years In so far.
If NRO denies a crossover—will I be able to keep my clearance at NGA