Many government contractors have lost their Department of Defense (DoD) security clearances over the years after a denial by the Defense Office of Hearings and Appeals (DOHA). However, the good news is that individuals can seek reconsideration and potentially get cleared again. The DoD security clearance reconsideration process can be complicated, and it is critical to fully understand the steps, the type of response needed and timeline when seeking reconsideration. Having an attorney is highly recommended when going through this process.
The Reconsideration Process
The DoD provides a reconsideration process where an individual who previously lost a security clearance can seek to get cleared again. Typically, once a security clearance has been denied or revoked, the individual is barred from seeking reconsideration of the denial or revocation for one year.
For DoD federal contractors, the reconsideration process is best explained through DoD Directive 5220.6, which outlines how individuals can request reconsideration after receiving an adverse security clearance decision from DOHA. While these rules specifically apply to DoD federal contractors, they serve as a strong framework for understanding how other federal agencies handle similar reconsideration requests. The typical DoD/DOHA reconsideration process usually occurs as follows:
Step 1: Final Denial or Revocation
A DOHA administrative judge makes a final decision denying or revoking an individual’s security clearance, or the DOHA Appeal Board upholds the DOHA administrative judge’s adverse security clearance decision.
Step 2: Mandatory One-Year Waiting Period
The individual must wait at least one year from the date of their final clearance denial or revocation before they can seek reconsideration. During this time, the individual should attempt to correct or mitigate the issues that caused the original adverse decision.
Step 3: Obtain Clearance-Eligible Position
The individual seeks and obtains a new employment position that requires a DoD security clearance.
Step 4: Submitting New Clearance Application
The individual completes the required clearance application forms (SF-86/e-QIP/eApp) and submits them to the government.
Step 5: Notice and Reconsideration Submission
After submitting their security clearance forms, the individual will receive notice from the Defense Counterintelligence and Security Agency, Vetting Risk Operations Center (VROC) stating that they must apply for reconsideration before DOHA before proceeding through the security clearance process. There is typically a deadline of 60 days from receiving this letter to respond. The individual will be required to provide DOHA with (1) a copy of their original adverse security clearance decision; and (2) any evidence that would provide a basis for reconsideration, such as information demonstrating that the individual has successfully mitigated the original security concerns.
Step 6: Submission of Response to DOHA
An individual should make every effort to submit a detailed and complete response with their request for reconsideration. When we prepare a reconsideration request, it is usually somewhere in the range of a 8-14 page written response, along with several exhibits. The goal is to be as detailed as possible to show how the individual’s security concerns have been resolved or mitigated since the original decision.
Step 7: DOHA Review and Decision
Once the individual has submitted the required documentation, a DOHA official will review the request and other documents and issue a decision at their own discretion. If DOHA finds that the concerns have been mitigated, they can grant reconsideration and allow the clearance application to proceed. However, if DOHA denies reconsideration, the individual is barred from reapplying for reconsideration for another one-year period starting from the date of this decision.
When is the Right Time to Seek Reconsideration?
Many individuals are eager to seek reconsideration as soon as they are eligible. However, just because the mandatory one-year waiting period has passed does not necessarily mean that it is the right time to seek reconsideration. A successful clearance reconsideration request depends on whether the security concerns underlying the original denial have been fully resolved or sufficiently mitigated.
For example:
- For denials based on alcohol or substance abuse, the individual will need to demonstrate that they have been successfully rehabilitated. This includes evidence of regular counseling, medical treatment, psychological evaluations, and lack of relapses.
- For denials based on major financial issues, the individual will need to demonstrate that they are working towards resolving unpaid debts and improving their financial situation. This includes evidence of consistent repayments, improved credit scores, working with CPAs or other financial professionals, and living within one’s means.
- For denials based on criminal misconduct, the individual will need to demonstrate that they have they have changed their behavior and fully complied with any penalties. This includes evidence of payment of fines, completion of court-ordered classes or probation, and lack of further unlawful behavior.
DOHA is not just looking for promises of improvement, but for significant evidence that the individual has mitigated concerns and is no longer a security risk. Therefore, even if the mandatory one-year waiting period has passed, an individual should make sure that they have corrected any prior issues and gathered as much supporting evidence as possible before seeking reconsideration.
Final Thoughts
The DoD reconsideration process for government contractors often leads to restored security clearances when approached correctly. An individual will have to put the time in to successfully demonstrate that they have rectified the original security issues. When facing this type of issue, it is best to have counsel assist you in the process.
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.
