If your security clearance has been revoked, it is important that you make informed decisions about your next steps. It goes without saying that losing your security clearance can have serious consequences—and, if you have grounds to fight your security clearance revocation, there is a clear process for doing so. Learn more from an experienced New York security clearance lawyer at Bell Law Group:
7 Important Steps to Take if Your Security Clearance Has Been Revoked
If your security clearance has been revoked, what should you do? Here is an overview of the steps involved in fighting to have your security clearance restored:
1. Carefully Review Your Statement of Reasons (SOR)
The first thing you should do is carefully review your Statement of Reasons (SOR). Your SOR should state the reason (or reasons) for your security clearance revocation, and it should also state the deadline for your response.
Knowing exactly why your security clearance has been revoked will be critical to understanding your options and deciding what to do next. If you miss the deadline for filing your response, you could lose the ability to fight to have your security clearance restored.
2. Start Gathering Relevant Documentation
After reviewing your SOR, begin gathering relevant documentation. To fight your security clearance revocation, you will need to be able to affirmatively demonstrate that the reasons for the revocation are invalid. While your lawyer will be able to assist with gathering and preparing the documentation you need (more on this below), you can begin by collecting any records that you think might be relevant to your security clearance defense.
3. Hire an Experienced Lawyer to Advise and Represent You
The federal laws and regulations that govern security clearance eligibility are extremely complex. The procedures for fighting security clearance revocations are complex as well. As a result, it is important to have an experienced lawyer on your side. A lawyer who is experienced in helping clients fight security clearance revocations will be able to assist you with assessing the reason (or reasons) stated in your SOR, gathering the evidence you need, and fighting your revocation through all available means.
4. Request a Hearing Regarding Your SOR
When you are facing loss of your federal security clearance, you have the right to request a hearing—as long as you do so in time. Requesting a hearing provides an opportunity to present your evidence and arguments to a neutral decision-maker, and if your hearing is unsuccessful, you have the right to file an appeal. You have the right to legal representation during your security clearance revocation hearing; and, here too, there are several ways an experienced attorney will be able to help you.
5. Work with Your Lawyer to Address the Reason(s) Stated in Your SOR
After requesting a hearing and preserving your legal rights, you should work with your lawyer to address the reason (or reasons) stated in your SOR. To fight your security clearance revocation successfully, you will need to overcome all of the issues identified in your SOR. If you overlook any of these issues, this oversight alone could be enough to prevent you from having your security clearance restored.
6. Work with Your Lawyer to Gather Mitigating Evidence and Prepare for Your Hearing
Once you have preserved your legal rights and determined that you have grounds to fight your security clearance revocation, you will need to work with your lawyer to gather mitigating evidence and prepare for your hearing. Mitigating evidence can take various forms—from employment records, court records and other documents to witness testimony. Your lawyer can help you understand what you need and then work with you to ensure that you know what to expect when your hearing date arrives.
7. Attend Your Hearing and Present Your Case for Reinstatement
When your hearing date arrives, you will need to attend your hearing with your lawyer, and your lawyer will present your case for reinstatement. Your lawyer will present your mitigating evidence, and your lawyer will make the case for why your security clearance should be restored. After your hearing, you will receive a decision from the hearing body; then, based on this decision, you can either focus on getting back to work or consider your options for filing an appeal.
What Not To Do in This Scenario
In addition to taking the necessary steps to fight for your security clearance, there are also several potentially costly mistakes you need to avoid. These mistakes include (but are not limited to):
- Do not assume that you know why your security clearance was revoked. When your security clearance is at risk, you should not make any assumptions. Work with your lawyer to ensure that you are making informed decisions.
- Do not assume that the reason for your security clearance revocation is valid. While some security clearance revocations are valid, others are not. Just as you should not assume that you know why your security clearance was revoked, you should not assume that the reason for your revocation is valid.
- Do not overlook reasons for the revocation or potential defenses. As stated above, when fighting to protect your security clearance, you need to address all of the reasons stated in your SOR. You also need to ensure that you are considering all potential defenses.
- Do not give up if your hearing doesn’t go your way. While you should be able to have your security clearance restored at your hearing if your revocation was invalid, you may need to take the next step and file an appeal.
- Do not try to handle your security clearance revocation on your own. To help give yourself the best chance of fighting your security clearance revocation, you should not handle your fight on your own. Instead, you should hire an experienced security clearance lawyer to help you.
Schedule a Free and Confidential Consultation with a New York Security Clearance Lawyer at Bell Law Group
Do you need to fight to protect your federal security clearance? If so, we can help. Call us at 516-280-3008 or contact us online for a free and confidential consultation with a New York security clearance lawyer at Bell Law Group today.
