The denial or revocation of a security clearance or program access is a career-altering event which has serious career and economic consequences not only for your current employment, but also for your reputation in the cleared community, family life, and future employment consequences. While appealing the adverse decision seem arduous and complex, the results are often well worth the effort. The effort begins by making the initial determination as to whether or not to appeal. This decision should be made as promptly as possible after the government issues its written decision, frequently called a Statement of Reasons (SOR) or Letter of lntent which summarizes the government's case against you which may have taken months to compile. Collateral security clearances issued by DoD are adjudicated in accordance with DoD Directive 5220.6. The time for you to respond is short, short sometimes as little as 45 days. In making its determination of eligibility for a new or higher-level clearance or program access, the government must consider a wide range of criteria, including allegiance to the United States, foreign influence, sexual behavior, personal conduct, financial considerations, alcohol and drug use, emotional, mental, and personality disorders, criminal conduct, security violations, outside activities and misuse of information technology systems in determining whether granting access to the Applicant is clearly consistent with the national security. Under this standard, any doubt is resolved against the Applicant, although the government is required to weigh any mitigating factors presented by the Applicant.
During the course of an investigation the Applicant may be asked to submit to a polygraph examination. Such an examination is mandatory if the Applicant is seeking to obtain a Sensitive Compartmentalized Information (SCl) or Special Access Programs (SAP) clearance or must otherwise comply with the standards of Intelligence Community policy Memorandum (ICPM) 704.2. An Applicant's admissions made during these polygraph examination and interview sessions frequently form the basis for an adverse decision regarding the Applicant's suitability for a security clearance or program access. In this unique situation, the Applicant is placed in the mind-numbing position of being the government's prime witness against his or herself.
The attorneys at HENAULT & SYSKO, CHARTERED are experienced in every facet of security clearance process, including making initial determinations of whether to appeal, making initial contact with the government, engaging experts and consultants, preparing the written appeal and all attachments thereto, representation before the administrative judge or at a personal appearance, and the handling of any further appeals, whether written or in person before the Appeals Board. Because of our prior intelligence community involvement, we are familiar with the inner workings and mind set of the various agencies in a way that only can be gained through personal experience. we are committed to produce for you the best possible outcome. see our Publication on Security Clearance Appeals and Adjudication.