Losing your security clearance, even temporarily, can have long-term impacts on your career. As a result, if your security clearance is suspended, it will be critical to make informed decisions about your next steps. If you have grounds to challenge your suspension, you should do so promptly, and you should hire an experienced New York security clearance lawyer who can advise and represent you every step of the way.
Key Steps for Challenging Your Security Clearance Suspension
If you have been notified that your security clearance is being suspended, what can (and should) you do? In this scenario, it will be important to:
1. Make Sure You Know Why Your Security Clearance is Being Suspended
First and foremost, it will be critical to understand why your security clearance is being suspended. There are several possibilities, including (but not limited to):
- Facing criminal charges
- Financial issues
- Foreign contacts or influence
- Misuse of information technology (IT) systems
- Omitting required information
- Security violations
- Substance abuse
Again, these are just examples. The reason (or reasons) for your security clearance suspension should be stated in your Statement of Reasons (SOR). You should review your SOR carefully and have it reviewed by an experienced New York security clearance lawyer as well.
2. Make Sure You Know the Deadline to Respond to Your Statement of Reasons (SOR)
Your Statement of Reasons should also specify your deadline to respond. You do not want to miss this deadline. Responding effectively to an SOR can take significant time and effort, so you will want to get started on your response as soon as possible.
3. Hire a Lawyer to Assess Your Grounds to Challenge the Suspension
While you are not required to hire a lawyer to assist with responding to your SOR, there are several reasons to put an experienced New York security clearance lawyer on your side. Among them, your lawyer will be able to assist you with assessing your grounds to challenge the suspension.
Generally speaking, security clearance holders can challenge their suspensions on both substantive and procedural grounds. Once you hire an experienced lawyer to represent you, your lawyer will be able to assess all potential grounds for challenging your suspension and then help you make informed decisions about how best to proceed.
4. Start Collecting Records that Could Be Relevant to Your Case
If you have grounds to challenge your security clearance suspension, you will need documentation to support your claim. With this in mind, you should start collecting any records that you believe may be relevant to your case based on the reason (or reasons) stated in your SOR.
Once you hire a lawyer to represent you, your lawyer will be able to assist you with identifying and gathering the records you need. But if you begin the process now, you will be able to respond to your SOR as soon as possible.
5. Work with Your Lawyer to Prepare Your Written Response
Responding to an SOR starts with preparing a written response. Your written response should clearly rebut the reason (or reasons) stated in your SOR, and it should be firmly rooted in applicable law. This is another reason why it is important to have an experienced New York security clearance lawyer on your side.
6. Work with Your Lawyer to Prepare for Your Hearing
Along with submitting a written response to your SOR, you also have the right to request a hearing. Requesting a hearing provides the opportunity to plead your case to a neutral decision-maker, and if your hearing doesn’t go your way, you have the right to file an appeal. If you hire a lawyer to represent you, your lawyer will be able to properly request a hearing on your behalf, help you prepare for your hearing, and represent you when your hearing date arrives.
7. Protect Your Ability to File an Appeal if Necessary
As we just discussed, if you request a hearing and your hearing doesn’t go your way, you will have the right to file an appeal. But you must protect your ability to file an appeal if necessary. Here, too, an experienced lawyer can explain everything you need to know and take appropriate legal action on your behalf.
5 Tips for Responding to a Security Clearance Suspension Notice
With these key steps in mind, here are five important tips for individuals who are facing security clearance suspensions in New York:
- Take Action Promptly – If you are facing a security clearance suspension, time is of the essence. To maximize your chances of avoiding unnecessary consequences, you should take action promptly.
- Avoid Making Assumptions – When facing a security clearance suspension, avoid making any assumptions about your situation. This includes making assumptions about why you are facing a suspension.
- Avoid Making Misrepresentations and Omissions – When facing a security clearance suspension, making misrepresentations or omissions can jeopardize your defense. An experienced lawyer will be able to help you deal with any unfavorable information.
- Focus on the Unique Aspects of Your Case – When it comes to fighting a security clearance suspension, the details matter. The “whole person concept” means that the government will be looking at all aspects of your life to determine whether your suspension should be overturned.
- Do Not Do Anything that Could Jeopardize Your Security Clearance – Regardless of whether your impending security clearance suspension is justified, you do not want to do anything that could jeopardize your security clearance at this stage. You need to be careful and focus on doing everything you can to protect your security clearance long-term.
Schedule a Free Consultation with a New York Security Clearance Lawyer Today
If you are facing a security clearance suspension in New York, we encourage you to contact us promptly for more information. Call 516-280-3008 or contact us online to schedule a free consultation with a New York security clearance lawyer at Bell Law Group.
