Losing a security clearance which has been adjudicated by the Defense Office of Hearings and Appeals (DOHA) can feel career-ending for many government contractors. A negative security clearance decision by DOHA on your security clearance can prevent you from working in cleared positions and may limit employment opportunities. The good news is that you can seek reconsideration of a denial or revocation after waiting a year.
DOHA Reconsideration Process
A DOHA denial is not permanent. The Defense Counterintelligence and Security Agency (DCSA)/DOHA provides a reconsideration process that allows individuals to reapply for a security clearance after addressing the issues that led to the original adverse security decision. Navigating this process is not easy, and most applicants benefit significantly from legal representation to ensure they meet all procedural and evidentiary requirements.
Reconsideration is governed by DoD Directive 5220.6 and the adjudicative guidelines in Security Executive Agent Directive 4 (SEAD 4), which are updated to reflect practices and expectations as of today. Many federal agencies utilize their own similar reconsideration processes. However, other federal agencies, such as many intelligences agencies (IC), prefer to handle previous denials the same as other new investigations and have no reconsideration process.
The general steps in the DOHA security clearance reconsideration process are:
1. Statement of Reasons (SOR) and Hearing
After an investigation, DCSA may issue a Statement of Reasons (SOR) outlining concerns under adjudicative guidelines such as financial issues, foreign influence, personal conduct, or psychological conditions. If the applicant requests a hearing, the case is assigned to a DOHA Administrative Judge for hearing or review on the written record.
2. Final DOHA Decision
After a hearing, the Administrative Judge either grants or denies the clearance. If denied, the individual may appeal to the DOHA Appeal Board.
Once the appeal window passes, or the Appeal Board affirms the denial, the decision becomes final, which is important because this triggers the mandatory one-year waiting period before reconsideration. Even if the security clearance is denied by DOHA, individuals should keep copies of all prior filings, exhibits, and decisions, as you will likely need to provide many of these documents to DOHA again.
3. Mandatory Waiting Period: One Year or More
Under Directive 5220.6, E3.1.37, an individual must wait at least one year from the final denial or revocation before submitting a request for reconsideration. However, the one-year mark is just the minimum. Applicants should not seek reconsideration until they have successfully mitigated the original concerns, which may require more time depending on the issues involved.
4. Find a Sponsor: A Contractor Must Request the Clearance
Reconsideration cannot begin until the individual has:
- Secured a conditional job offer with a contractor requiring a DCSA-adjudicated security clearance, and
- Obtained sponsorship from that employer.
5. Submit a New Clearance Application
Once sponsored, the applicant completes required application forms (SF-86) and submits the form to the government. When the system detects a prior denial or revocation, the case is automatically diverted by DCSA instead of moving forward. Essentially, the security clearance case then is paused until reconsideration is evaluated.
6. Reconsideration Notice from DCSA/VROC
Once notified of your application, the DCSA Vetting Risk Operations Center sends written notification to the individual that they must petition DOHA within 60 days if they want to seek reconsideration of the previous denial/revocation.
The letter will generally state that the applicant must provide:
- A copy of the previous DOHA adverse decision, and
- All evidence supporting reconsideration, particularly documentation showing mitigation of the original concerns.
In some cases, there has been no DOHA decision. This may be because the hearing was scheduled and then canceled or for other reasons. In that case, you will have to address the original concerns listed in your SOR or Interrogatories. Failure to respond by the deadline usually results in the sponsoring employer being unable to continue the clearance process.
7. Preparing and Responding to the Reconsideration Notice
This stage is often the most important. A strong reconsideration written response usually includes:
- A detailed written response (often 10–15 pages) explaining what has changed since the Administrative Judge’s decision.
- Evidence showing actual behavioral or situational improvement with respect to the security concerns, not just intentions.
- Supporting exhibits dependent on the issue, such as character letters, medical reports, updated credit reports and debt-repayment documentation.
Applicants should provide comprehensive, organized, and credible evidence as reconsideration decisions rely heavily on documentation.
8. DOHA Review
Once the reconsideration request is received, a DOHA attorney traditionally evaluates the submission. They may:
- Request supplemental information,
- Ask clarifying questions, or
- Issue a decision based solely on the submitted package.
It is not uncommon that DOHA counsel will speak with your counsel, if you have retained one, and ask for specific information relevant to your case in an effort to determine whether or not you should be granted reconsideration.
9. Final Decision on Reconsideration
If DOHA concludes that the security concerns have been mitigated, they will grant reconsideration and the clearance process resumes through DCSA as a normal investigation.
If DOHA denies reconsideration:
- The individual must wait another year before trying again.
- The applicant should assess whether additional mitigation or support is needed.
Even after a second denial, a future reconsideration is still possible, and applicants frequently succeed after additional time has elapsed and further mitigation has taken place.
When Is the Right Time to Seek Reconsideration?
Eligibility is not the same as readiness. Applicants should wait until they can make a strong showing that the issues from the initial denial are resolved or fully under control. A successful clearance reconsideration request depends on whether the security concerns underlying the original denial have been fully resolved or sufficiently mitigated.
Final Thoughts
DOHA does not grant reconsideration based on promises or hopes for improvement. It requires documented, verifiable progress demonstrating that the individual no longer poses a security concern. Because the process is document-heavy, most applicants benefit from consulting counsel who understand DOHA procedures and can help prepare a persuasive, organized written response.
Taking the time to prepare a strong reconsideration petition greatly improves the chances of regaining your eligibility to work in a cleared position.
This article is intended for informational purposes only and does not constitute legal advice. Clearance adjudication processes and government policies may change. Consult an attorney regarding your specific situation.
