Previously Denied Clearance
Federal contractors, civilian government employees and military personnel can reapply for a security clearance after a period of one year. Don’t be discouraged by a previous denial. It’s no big deal to reapply; it happens successfully all of the time. Don’t close the door to cleared job opportunities. Just because you were previously denied a security clearance before, that doesn’t mean that you can’t get one now. 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). In many instances, no security clearance = no job. While you may be the most qualified candidate for a position, you will not get the job if you can’t get the clearance that goes with it.
In reapplying for a security clearance, the most important word to remember is the word “mitigate.” You must be able to eliminate, or at least mitigate, all of the previously noted disqualifying conditions or concerns cited by the U.S. government. You must show that you are no longer a security threat.
Below are real security clearance cases adjudicated in favor of the U.S. government, not the applicant. These applicants failed to demonstrate or prove, at least in good-faith efforts, that the previously cited disqualifying conditions or concerns no longer exist. If a case is border-line close, the applicant does not get the benefit of the doubt; in all decisions, DOHA applies the "clearly consistent with the interests of national security" standard. The U.S. Supreme Court has held that the "clearly consistent with the interests of national security" test indicates that "security-clearance determinations should err, if they must, on the side of denials." Dept. of Navy v. Egan, 484 U.S. 518, 531 (1988).
Security Clearance Cases Adjudicated in Favor of the U.S. Government
Case Number: 12-12003.h1
Drugs; Personal Conduct
Applicant used marijuana weekly in high school and college, stopped in 2004 when he began working for a defense contractor, and then used it four times between November 2009 and December 2011. He has not used marijuana since December 2011. On his October 2004 security clearance application, he disclosed only one use of marijuana in 2000. Security concerns raised by his drug use are mitigated, but security concerns raised by his falsification of his October 2004 security clearance application are not mitigated. CLEARANCE IS DENIED.
Case Number: 14-00964.h1
Applicant failed to file his state tax returns for nine consecutive years and failed to file his federal tax returns for six consecutive years. He also has not resolved a 2009 $1,178 judgment for failure to pay a credit card account, and a long-overdue $2,686 collection account. CLEARANCE IS DENIED.
Case Number: 13-00625.h1
Applicant is 29 years old, and she was born in Afghanistan. She left Afghanistan in March 2005, and became a naturalized United States citizen in 2012. Her father, mother, brother, four sisters and three brothers-in-law are all citizen and residents of Afghanistan. Applicant has continuing contact with her immediate family, including daily contact with her mother, and she traveled to Afghanistan to visit her family in 2009 and 2011. Applicant's connections to foreign individuals creates a potential conflict of interest between Applicant's obligation to protect sensitive information and Applicant's desire to help the foreign individuals. Mitigation has not been shown. CLEARANCE IS DENIED.
For federal contractors, the process usually begins with a letter from the Personnel Security Management Office for Industry (PSMO-I) of the Defense Security Service. (See below). For civilian government employees and military personnel, the process is somewhat similar.
Another letter is sent to your company’s Facility Security Officer (FSO), respective federal department/agency security office or the appropriate military security command unit/office. (See below).
After a consultation with DC Security Clearance Consultants, a successful reapplication for a security clearance determination for a federal contractor in the National Industrial Security Program (NISP) would ultimately result in the following affirmative eligibility determination as entered into the Department of Defense’s Joint Personnel Adjudication System (JPAS). JPAS is the DoD’s official repository of security clearance eligibilities. (See below). Civilian government employees and military personnel have similar processes.
Contact DC Security Clearance Consultants for your reapplication process. We know what to mitigate and how to mitigate. We have all the answers and understand every step of the reapplication process. We’ve walked clients through the DOHA reapplication process and all the way through, if necessary, to the actual DOHA hearing.
Most of the clients of DC Security Clearance Consultants never even get to the DOHA hearing stage. We take care of most adverse security clearance-related issues in the early stages of the process.
Additionally, most applicants really do not need an actual security clearance lawyer. Contact DC Security Clearance Consultants prior to retaining expensive professional counsel for your security clearance needs. We can handle most issues. DC Security Clearance Consultants will advise you accordingly whether or not legal professional representation is the recommended course of action for your case.