In the world of security clearances, few phrases are as confusing or as stressful as Loss of Jurisdiction.” You might see it on your clearance record in DISS (pre-JPAS), or Scattered Castles and wonder what it means for your job, your cleared career, and your eligibility moving forward. The good news is this: Loss of Jurisdiction does not mean your clearance has been denied or permanently revoked. But it does mean your eligibility has been paused, and you must take specific steps to resolve it.

Understanding “Loss of Jurisdiction”

“Loss of Jurisdiction” (commonly LOJ) occurs when the Defense Counterintelligence and Security Agency or another adjudicating federal authority no longer has the legal ability to make a determination about your security clearance. LOJ typically occurs when:

  • You leave federal service or separate from the military while your clearance investigation is still pending.
  • Your clearance eligibility expires because the reinvestigation wasn’t completed before you departed.
  • You had an open issue (financial, personal conduct, criminal, etc.) and left your position before a clearance adjudication was finished.
  • A sponsoring employer removes sponsorship, leaving adjudicators without authority to continue the case (often occurs during a termination of employment).

Once jurisdiction is lost, your security clearance is essentially frozen. You cannot access classified information or be assigned to classified work until jurisdiction is restored.

What “Loss of Jurisdiction” Doesn’t Mean

Because LOJ appears alongside denied and revoked statuses in clearance databases, it can be alarming, but it shouldn’t be mistaken for either. An LOJ does not mean that you failed a security clearance investigation. Additionally, an LOJ doesn’t mean that your security clearance was revoked or that you have been permanently disqualified from holding a clearance. LOJ simply means there’s no active authority to complete or adjudicate your case. It’s an administrative pause, not a final judgment.

Why LOJ Happens So Often

LOJ cases have increased in recent years for several reasons:

  • More frequent personnel transitions between contractors and agencies;
  • Higher scrutiny under Continuous Vetting (CV) programs;
  • Delays in reinvestigation timelines;
  • Contractors unwilling to continue sponsorship when issues arise;
  • Employees separating before pending issues are resolved; and
  • Sponsorship gaps during job changes.

A security clearance is tied to active sponsorship. When sponsorship breaks, no matter the reason, LOJ often follows.

Fixing Loss of Jurisdiction

There is usually no quick fix to an LOJ, but there is a path back. The path back to active eligibility depends on your employment status and the nature of your case. Here are the key steps to attempt to remedy LOJ:

1. Obtain a New Sponsorship

You must first have an employer or agency willing to sponsor you in order to reactivate your security clearance. Without sponsorship, the government cannot reopen your investigation, review an incident or restore jurisdiction. Once sponsored, the new employer can request: (1) reinstatement; (2) reinitiation; or (3) reopening of the prior investigation. Sometimes the new sponsorship requires the individual to be evaluated through the submission of a new SF-86 and/or the reconsideration process.

2. Do your Best to Resolve the Underlying Issues

If your LOJ stemmed from security concerns like financial delinquencies, unresolved criminal matters, or personal conduct concerns, address them before a new review begins. Documentation showing corrective action taken with respect to security concerns can significantly strengthen your case.

3. Update and Organize Your Records

It is often the case that an individual that moves into LOJ doesn’t have the appropriate documentation ready when another opportunity to get cleared arrives. It is important to keep records regarding any security concerns. These can include, but are not limited to:

  • Prior clearance eligibility determinations
  • Investigation closing notices
  • Statements of Reasons (if any)
  • Rebuttals or mitigation evidence

These can assist your new security office reestablish jurisdiction quickly and accurately.

Preventing Loss of Jurisdiction

While LOJ is not always avoidable, you can reduce the chances of falling into LOJ status:

  • If separating from service, try to complete your investigation beforehand.
  • Maintain communication with your FSO, especially when switching employers.
  • Keep your SF-86 information current, clean, and ready to submit (adjudicators may have you submit a new SF-86 instead of reviewing a prior incident report).
  • Stay on top of any security concerns that may have been relevant when you went into LOJ.

The more proactive you are, the smoother future adjudications can be.

Final Thoughts

Loss of Jurisdiction is often misunderstood, but it doesn’t have to derail your career. Think of it as a procedural hold: the government simply lacks the authority to continue your clearance case until you regain sponsorship and provide any needed information. With the right steps, principally consisting of securing a new sponsoring employer, addressing underlying concerns, and preparing documentation you can move forward with your cleared career. LOJ isn’t the end of the road. It’s a problem that can be fixed but can take some time.

 

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.

 

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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.