1990), cert. Look for applicants who were denied clearance due to concerns you may have. Whether you are applying for clearance and worry about denial, or you have been denied and now face the appeals process, this is no time to go it alone. It depends on who you ask. Call now for a free case review to discuss your concerns. Does this mean every candidate who has declared bankruptcy or has credit card debt will be denied a clearance? A security clearance refers to a formal determination by an executive branch agency This is likely due to the high scrutiny and elevated standards that are required to apply … In 2018, the number of appeals decreased to 1,844. If concerns are found, applicants will receive a statement with the reasons for these concerns. I agree to the use of my personal data by Government Executive Media Group and its partners to serve me targeted ads. Case # 17-02794.h1 – Originally denied for financial reasons, the applicant failed to demonstrate that she had mitigated the security clearance decision. I’ve been trying to google/find out what it entails but wasn’t able to find much online. For applicants with unfavorable information in their personal histories, it’s necessary to mitigate this information at the clearance application stage of the process in order to receive an interim clearance. A critical element in the security clearance adjudicative process is the “whole-person“ concept. The applicant was accused of falsifying her clearance application, which she denied doing. Dorfmont v. Brown, 913 F.2d 1399, 1401 (9th Cir. However, because she did not mitigate the concerns by working on her debt or filing her federal and state income tax returns by the deadline, the applicant’s denial was upheld. A significant portion of security clearance denials is upheld because the applicant simply doesn’t respond once they receive a Letter of Intent and a Statement of Reasons. Most intelligence jobs are excepted service positions. Applicants for security clearance go through an intensive background check and interview process. Many military and government employees and contractors need security clearance to fulfill their roles. If your misdemeanor occurred over seven years ago (10 years for a Top Secret clearance) you do not have to report it on the SF-86, the "Questionnaire for National Security Positions," that serves as a security clearance application. The proven security clearance attorneys at Tully Rinckey PLLC are ready to help you appeal your security clearance denial. Knowing why those people were denied can also help you avoid the same mistakes. Lindy Kyzer is the editor of ClearanceJobs.com and a former Defense Department employee. Adjudicative criteria are the most significant cause of delays, according to ODNI’s 2014 report. Obtaining a security clearance is no easy task, and not everyone who applies will be granted access. Applicants have a chance to respond to these concerns. The security clearance denial rate is a hot topic among clearance applicants for the DoD and other agencies like the NSA, CIA, and FBI. A study of the cases and their outcomes offers a good chance to see the trends in security clearance denials, and what issues are likely to cause issues in your own background investigation. Security Clearance Denial Guidelines The DoD’s “Directive 5220.6” gives the 13 guidelines used to determine an applicant’s eligibility for a DoD security clearance . denied, 499 U.S. 905 (1991). That publication showed that: Notice how the security clearance denial rate is highest for the intelligence community. For example, they may receive a letter stating concerns about their financial security. If you had significant credit card debt caused by medical issues, but then contacted your creditors to set up a payment plan, your situation will be considered more favorably than someone with a shopping habit. Those who have gone through the security clearance process understand the significant headaches involved in both the initial background investigation as well as periodic reinvestigations. Contact us to schedule an initial consultation. Of all the reasons for a denial, financial considerations tend to drive security clearance denial rates the highest. Imperfect financial circumstances, such as bad credit scores, can have a negative influence on your application and potentially cause your security clearance to be denied. According to these DNI reports, DIA has a 0.0% security clearance denial rate. A former roommate from college asked if I would have any issues being a reference for his security clearance process. The National Reconnaissance Office and the Central Intelligence Agency had the next greatest number of denials, at 7.4 percent and 6.5 percent, respectively. Then, when you find an applicant who successfully mitigated those concerns, follow in his or her footsteps to potentially overturn the negative decision. If your security clearance application was rejected, chances are you omitted critical information. Recently released figures show a 12 percent decline in the size of the cleared workforce. The Department of Defense (DoD) denial rate stood at 0.1% and the revocations at 0.1%. Yes, Government Executive can email me on behalf of carefully selected companies and organizations. All rights reserved. A security clearance application can be denied for a wide number of reasons. Of the 400 pro se applicants only 32% were granted security clearances. If you are about to apply for clearance, you may want to know the security clearance denial rate so that you can become more informed. As reported by Pro Publica, security clearance attorney Sheldon Cohen's 2010 study found a direct correlation between applicants' faltering finances and Department of Defense security clearance denials. The presence of these issues does not automatically mean a rejection of your security clearance application. These are just a small sample of the 2018 case studies that you can use to draw inspiration. Read our, Yes, I want to receive occasional updates from partners. If this is the case, an applicant hasn’t been denied a clearance, but rather denied employment after already submitting a security clearance application. The National Security Agency denied the most applicants–9.2 percent. Being denied a security clearance or having your security clearance revoked can have lasting effects that ripple through your personal and professional life. Catie Young is one of our security clearance law partners and is known for representing hundreds of clients at the administrative level. Just because you were previously denied a security clearance before, that doesn’t mean that you can’t get one now. Case #17-03265.h1 – The applicant had foreign influence and personal conduct concerns stemming from a linguist position he held and lost in Iraq. So it seems that over a 5 year period there were roughly 0.0% denials of security clearances, and I don't understand how that is possible, unless I'm misunderstanding something. If my post violates any rules let me know and I’ll take it down. In short, the SOR will explain the basis for the potential denial or revocation and will list the specific security concern(s) at issue as … Rx for 21st-Century Government: Nimbler Hiring and Trained Managers. Looking through these public files can help you mount your own defense to potentially overturn a decision if you are ever denied a security clearance for any reason. Things That Get Your Top Secret Clearance Denied. Home » Blog » Security Clearance Denial Rate Explained. Stringent suitability requirements, particularly in the intelligence community, weed out many unqualified applicants before they ever reach security clearance processing. 1, Viewpoint: How Biden Can Foster a More Inclusive America, Help Us Find the Government’s Boldest Innovators. Related: Search for security clearance jobs. What Happens if Your Security Clearance is Denied? As a result, today the most time consuming delays normally occur during the adjudication phase of the clearance process. Therefore, his eligibility for access to classified information was denied. When you apply for security clearance, your financial history and current standing are extensively reviewed. Send Your Rebuttal Within 20 Days of the SOR The applicant successfully mitigated the alcohol-related concerns and was subsequently granted access to classified information. © 2021 by Government Media Executive Group LLC. For example, a recent DUI conviction or Chapter 7 bankruptcy, or a recent diagnosis of PTSD, or a recent charge of solicitation (of a prostitute) can all bar you from receiving security clearance, but there are many other ways to be denied as well. TABLE A: Top Defense Industrial Security Clearance Office (DISCO) Rejection Reasons. If you are applying for security clearance and you have an issue with one or more of the above areas, you could be denied security clearance. “An initial denial of security clearance isn’t always etched in stone,” Griffith says. I Need Help WithSecurity Clearance Denials & AppealsPre-Clearance Counseling & SF-86 AssistanceMilitary & Government Security ClearanceResponding To SOR/LOIAdministrative Hearing & Personal AppearanceOtherMessage Our Attorneys100% Confidential. Yet only 20% of applicants chose to be represented by an attorney. Denials can happen frequently, but the decision can be appealed. If you’re part of the four percent that is denied security clearance, you also have the right to appeal the denial of security clearance and possibly have it overturned. We personally understand the process of applying for clearance, as well as adjudicative guidelines and mitigating factors. The National Reconnaissance Office and the Central Intelligence Agency had … A candidate could have debt, drug problems, emotional issues, foreign family members or some combination of these 13 guidelines used to establish eligibility. criticized the size of the cleared workforce, Rx for 21st-Century Government: Nimbler Hiring and Trained Managers. Even if you have a squeaky-clean past and list everything on your questionnaire that you should, your application for clearance can be denied due to: ALLEGIANCE TO THE UNITED STATES – A REASON FOR DENIED SECURITY CLEARANCE. It has been quite the tumultuous year in the security clearance realm: the record number of investigations backlog, clearance reform efforts, and the impending transfer of responsibility for investigations from the National Background Investigations Bureau (NBIB) back to the Department of Defense (DoD). The same ODNI report that outlined reductions in the cleared workforce provided insight into the rate of denials within the intelligence community, as well as the reasons behind significant delays in security clearance processing time. Case # 18-01150.h1 – This security clearance applicant was denied for financial and personal conduct reasons. ... - Even if no rate conversion, working outside your rate for a period of time due to clearance issues will most often have a … Notice how the security clearance denial rate is highest for the intelligence community. Waiving that right or going before the judge all on your own can put you at a disadvantage. The Defense Intelligence Agency (DIA) had 0% denials and 0.5% revocations. Contact a Security Clearance Attorney to Represent You, Pre-Clearance Counseling & SF-86 Assistance, As experienced security clearance attorneys, The Central Intelligence Agency (CIA) denied 8.5% of applicants and. You have the right to request an appearance in front of the DOHA administrative judge. As experienced security clearance attorneys, we can help you mitigate any security concerns and file a successful appeal to obtain the security clearance you need for your level of employment. Keep in mind that these are only the DoD denials and appeals, and do not represent data from the military and intelligence community agencies. The SOR is the key document that must be reviewed and analyzed when attempting to prevent your security clearance from being denied or revoked. The National Geospatial-Intelligence Agency (NGA) had 7.0% denials and 0.6% revocations. After filling out paperwork and submitting to a background check, individuals trying to gain security clearance are interviewed, as are their associates. That means an applicant is evaluated based on the host of criteria provided, including any mitigating information. The Federal Bureau of Investigation (FBI) had 0.1% denials and 2.0% revocations. Don’t be part of that statistic. They are often faced with the choice of further delaying a case by requesting additional information or making a poor d… Or that anyone with a foreign-born spouse is unclearable? The last comprehensive on approval and denial data for security clearance applicants was issued by the intelligence community in 2015. The average security clearance denial rate among federal agencies is about 2.5%, but that doesn’t mean that 97.5% of the general population will be eligible for a clearance. This means an applicant can be denied a position based on employment suitability—and the government is not required to provide a specific reason. The applicant failed to mitigate those concerns, namely foreign connections he still held. This could mean a history of poor credit choices, a history of unpaid or late-paid debt, and deceptive financial activities, like theft, embezzlement, and tax evasion. SECURITY CLEARANCE DENIED: THE MOST COMMON PITFALLS FOR SECURITY CLEARANCE APPLICATIONS By: Ziran Zhang "There is a strong presumption against granting a security clearance." Of that number, a little over 250 of those appeals were for clearance denials for “foreign influence.” Compare that number with the whopping 1400 plus security clearance denials on grounds of financial issues. These cases showed that at the final stage of clearance adjudication, applicants with attorneys or personal representatives were granted clearances 60% more often than those who represented themselves (pro se). You can gain the upper hand and increase your chances of approval, or approval upon appeal, by calling Security Clearance Law Group in Carlsbad, California. DoD 0.1% denial rate So I found some information that the DoD only denies 0.1% of security clearances. In today’s times, whether you can keep your current job or apply for others is often contingent upon your ability to obtain and maintain a certain requisite level of security clearance eligibility, including for Positions of Trust (POTs). The security clearance process is rather complex and may require help from a national security clearance attorney who is familiar with how the process works. Go back through your application and do a thorough job explaining your past with regards to all residence, employment, education, and personal conduct information. The National Security Agency (NSA) had 6.1% denials and 2.3% revocations. Security clearance applicants who have amassed a substantial amount of debt, or who have experienced mortgage defaults or even foreclosures, have frequently had their clearance applications denied. By continuing to use this site, you agree to our use of cookies. Namely, the applicant failed to file her federal income tax returns in a timely manner. This is likely due to the high scrutiny and elevated standards that are required to apply and be approved for such a high level of clearance. As of December 7, 2018 the Defense Office of Hearing and Appeals (DOHA) Board … Published reports note that in 2017, the Defense Office of Hearing and Appeals (DOHA) Board heard 2,054 clearance denial appeals. Case # 17-02962.h1 – The clearance applicant received repeated DUI offenses while in the military. Among the uncleared population there sometimes is a misperception that anyone can get a clearance, based on the millions of clearance-holders out there. Help us tailor content specifically for you: Agencies Are Using Direct Hire Authority Much More Often, A Call for Stronger Presidential Transition Laws, Frustration Over Homeland Security's Slow Vaccine Rollout, New Labor Authority Chair Shares Priorities, Podcast: Paying Feds More to Fix the Civil Service, Fixing Federal Compensation Should Be Civil Service Reform Priority No. Security personnel and the adjudication guidelines weigh misdemeanors much less than felonies. Since 2007, time required to conduct a background investigation has been significantly reduced, but this has resulted in a decrease in the quality of investigative reports. Case #18-00049.h1 – This applicant was denied for committing four offenses related to alcohol and criminal conduct spanning between 1991 and 2016. After referring himself to alcohol counseling and by reducing his drinking to more moderate levels, this security clearance applicant was eventually granted clearance upon appeal. Obtaining a top secret clearance is a lengthy process that involves an in-depth background check. Not at all. Government Executive uses cookies for analytics and personalization. SCHEDULE YOUR FREE CONSULTATION WITH OUR ATTORNEY TODAY, SCHEDULE YOUR FREE CONSULTATION WITH OUR ATTORNEY TODAY -. The majority of the 2018 appeals were for foreign influence, financial considerations, personal conduct, and drug and alcohol involvement. Let’s take a look at how to complete this process. It just means that something in your paperwork raised their eyebrows, and they decided they didn't want you looking at classified information until they'd dug a little deeper, to make certain you weren't a security risk. Adjudicators struggle to decide cases that lack sufficient information or contain unresolved issues. Whistleblower: White House overruled 25 security clearance denials The individuals 'had a wide range of serious disqualifying issues' including drug use and criminal conduct, aides wrote in … NEXT STORY: The denial rate for final security clearances is only about 2.5%; whereas, the declination rate for interim security clearances has been about 20% to 30% 3. Whether you are applying for Confidential, Secret, or Top-Secret clearance, you may have anxiety about your security clearance application being denied. Is that data accurate? Nationwide Security Clearance Attorneys Every aspect of the national security clearance application is important but the process can be very complex, especially if you have a record of substance abuse or alcohol problems. Catie is also considered an expert in adjudicative mitigation while being well-versed in all security risk guidelines. As a reminder, these are only the results from DOD Industrial Security contractor appeals and do not include security clearance denials or appeals processed for the military, the Intelligence Community agencies, State Department, Department of Energy, or the various other government agencies that grant their own clearances. Denial of a clearance can occur for a variety of reasons, including financial problems, mental disorders and criminal violations. Is it easy to get a security clearance? In 2013, Director of National Intelligence James Clapper criticized the size of the cleared workforce in a memo that called for reducing the number of individuals with access to intelligence. You can mitigate the security concerns for investigators by attempting to resolve your debt, signing up with a credit counseling service, and by making better credit decisions moving forward. These numbers might seem relatively low, but there’s a reason for that. The Department of Defense (DoD) denial rate stood at 0.1% and the revocations at 0.1%. The National Security Agency denied the most applicants–9.2 percent. It means that of the people who make it to the final stages of the security clearance process, 2.5% are denied a clearance. The National Reconnaissance Office (NRO) had 4.7% denials and 0.6% revocations. The DOHA publishes a yearly ledger of all industrial security clearance decisions. Therefore, her security clearance denial decision was upheld. Why Would a Security Clearance Be Denied? Sometimes polygraphs are used when there are potential issues with lifestyle, or if the candidate poses a counterint… In 2017, the Defense Office of Hearing and Appeals (DOHA) processed 2,054 appeals, the majority of which were for foreign influence, financial considerations, and personal conduct reasons. 1 on the list and financial trouble is two. Our security clearance lawyers will challenge your security clearance denial and will work hard to present a persuasive, diligent, and thorough appeal. Of the single issues causing significant security clearance delays, foreign influence is No. Denial of interim clearance is not necessarily denial of clearance. If your clearance was denied because of allegiance to a foreign entity, sexual behavior, financial considerations, drug and alcohol involvement, psychological conditions, or your previous handling of confidential information, there are steps you can take to appeal the decision. 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