Losing your security clearance can feel like losing your career. For many professionals in defense, intelligence, government contracting, or related fields, clearance eligibility isn’t just a credential, but an essential part of keeping your job. When an individual loses their security clearance it can be extremely difficult. Many times, the loss may keep you out of the cleared field for a period of time. However, losing a security clearance is not the end of the road. With the right approach, it is often possible to get cleared again.

How to Get a Security Clearance After a Denial

The following are some steps to consider when attempting to return to the cleared world. We often advise clients with different security clearance strategies for doing this:

1. Understand Why You Lost Your Clearance

The first step to get a new clearance is to understand the reason for your revocation or denial. Common grounds include:

  • Financial concerns (unresolved debts, bankruptcy, tax issues)
  • Substance use (alcohol or drug-related concerns)
  • Criminal conduct (even misdemeanor charges can raise concerns)
  • Foreign influence or preference (relationships, travel, or financial ties abroad)
  • Personal conduct (falsifying forms, lack of candor during investigations)

Focusing on the cause of your original clearance loss will give you a roadmap to try to get cleared again. As part of this, it is often important to seek information, if you don’t already have it, through a Privacy Act (e.g. DISS records) request to the government. In many cases, you can obtain information that may have been unknown to you in understanding your denial or revocation. Understanding the reason why you are denied can help you plan for reapplication.

2. Gathering Evidence of Rehabilitation

Clearance reinstatement is focused on what has changed since your previous clearance denial or revocation. You need to be able to explain why what occurred will not happen again (and has not happened since the previous denial/revocation). Also, it helps to acknowledge how you previously made mistakes and have changed. Documentation for this purpose is critical. Depending on the issue, this might include:

  • Proof of paid debts, credit counseling, or financial management courses
  • Substance abuse treatment or alcohol counseling records or group rehabilitation
  • Criminal case dismissals, completion of probation, or letters from witnesses attesting to changed behavior
  • Evidence of stable employment, strong community ties, or character references

Focus on responsibility for your prior mistakes and what you have done to ensure that they will not happen again.

3. Obtain a Position Where a Clearance is Required

If your clearance was denied or revoked the strategy for getting cleared again depends on which federal agency is handling your application. If it is the Defense Counterintelligence and Security Agency (DCSA), and you have previously lost your security clearance through the Defense Office of Hearings and Appeals (DOHA) you will likely have to file for reconsideration before your new investigation can begin. Some other agencies, like the CIA/NRO simply ask you to reapply and are processed anew. Each federal agency is different. It is important to be aware of the process for reapplication.

4. Plan for the Long Term

Regaining your clearance is not always immediate. Sometimes, the best course is to wait and rebuild your record before reapplying for a security clearance. Demonstrating several years of responsible behavior and letting time elapse can help these applications. Other evidence, such as employment, financial stability, and the lack of further negative security concerns can also help.

Final Thoughts

The process of regaining a security clearance is rarely simple, but it is possible with preparation, documentation, and a strong presentation of your rehabilitation. For professionals whose careers depend on clearance, working with a lawyer familiar with the adjudication process can make the difference between denial and reinstatement.

 

 

This article is intended as general information only and should not be construed as legal advice. Although the information is believed to be accurate as of the publication date, no guarantee or warranty is offered or implied.  Laws, regulations and government policies are always subject to change, and the information provided herein may not provide a complete or current analysis of the topic or other pertinent considerations. Consult an attorney regarding your specific situation.

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John V. Berry is the founding partner of Berry & Berry, PLLC, and chair of the firm’s federal employment and security clearance practice. Berry has represented federal employees and security clearance holders for over 26 years. Berry also teaches other lawyers about federal employment and security clearance matters in continuing education classes with different state bar organizations. You can read more about Berry & Berry , PLLC at berrylegal.com.