Security Clearance Reconsideration: What the Process Actually Involves

If your clearance was denied or revoked, or a Statement of Reasons says it may be, the decision is usually not the last word. Most cases provide a written reply and often a hearing or appeal. A later request may also be possible. The steps, deadlines and decision-makers depend on whether you are a contractor, civilian employee or service member.

A Statement of Reasons tends to arrive without much explanation. The person holding it is often trying to work out several things at once: what the allegations mean, how long there is to answer, and whether answering is likely to matter. This article explains the stages that the word "reconsideration" can describe. It also covers the standards adjudicators apply and what remains open after a final denial.

What Security Clearance Reconsideration Means

"Reconsideration" is a loose word in clearance practice. Different authorities use it for different steps. People often use it for the whole process of challenging an adverse decision. In Department of Defense rules, it also has a narrower meaning: a request made after a denial or revocation has already become final.

Whatever the label, reconsideration is a formal administrative step that follows an adverse determination. It is not the same as filing a new application. A typical DoD-affiliated sequence runs like this: a Statement of Reasons, then a written response, then a hearing or personal appearance where one is available, then an appeal, and possibly a later reconsideration or reapplication. Not every case passes through every stage. The broader security clearance process leads up to these steps.

The process is generally tied to a denial or revocation. A clearance that simply lapses or is not renewed is a different situation, and this article does not address it. Some agencies, including intelligence community agencies, handle these matters in-house without DOHA involvement. Their procedures and deadlines differ from those described here. The federal adjudicative criteria are common to all agencies. The procedure described below applies most directly to DoD-affiliated cases.

The Statement of Reasons: Where Reconsideration Begins

A Statement of Reasons (SOR) is the written notice from the adjudicative authority. It sets out the factual allegations and security concerns behind a proposed adverse decision. Its contents define the scope of everything that follows. For DoD civilian employees and military members, DoD Manual 5200.02 states that the SOR must state the basis for the proposed unfavorable national security eligibility determination, and that it must:

"explain each security concern, state the specific facts that trigger each security concern, identify the applicable adjudicative guideline(s) for each concern, and provide the disqualifying conditions and mitigating conditions for each adjudicative guideline cited."

The SOR is organized around the adjudicative guidelines in Security Executive Agent Directive 4 (SEAD 4), discussed below.

Deadlines depend on personnel category:

• DoD civilian employees and military members: under DoD Manual 5200.02, the written reply is due no later than 30 calendar days from receipt of the Letter of Intent and SOR. The employing organization may grant one extension of up to 30 calendar days. The written request for it must be made before the original deadline expires.
• Contractor employees: DoD Directive 5220.6, which governs the industrial program, states that the applicant's sworn answer must be received by DOHA within 20 days from receipt of the SOR. The answer must admit or deny each allegation. A hearing must be requested in the answer itself.

Other agencies may set different rules.

The response is the first formal chance to contest allegations, offer mitigating evidence and address the whole person. Missing the deadline has consequences. For DoD civilians and military members, a decision issued after no reply still lists every concern in the SOR. Contractor letters of instruction explain the adverse consequences of not responding.

How the DOHA Process Works

The Defense Office of Hearings and Appeals (DOHA) sits within the Department of Defense Office of the General Counsel. DOHA's part in a case depends on the person's category.

For contractor employees, DoD Directive 5220.6 refers cases to DOHA when a clearance cannot be affirmatively found clearly consistent with the national interest. DOHA may then grant the clearance, issue an SOR, or take interim steps. Those steps include further investigation, written interrogatories or an interview. Contractor cases then follow one of two tracks:

1. Decision on the written record. If neither side requests a hearing, an administrative judge decides on the file. The applicant has 30 days from receiving the government's materials to submit a documentary response.
2. Hearing before an administrative judge. Both the applicant and the government may present evidence, and a verbatim transcript is made. The judge then issues a written decision with findings and conclusions.

Either side may file a notice of appeal with the DOHA Appeal Board within 15 days after the judge's decision. The Board can remand a case to correct identified error or reverse the decision.

For DoD civilian employees and military members, the path is different. After a final Letter of Denial or Revocation, the person has 10 calendar days to state whether they intend to appeal. They may appeal in writing to the Component's Personnel Security Appeals Board within 30 calendar days. They may instead request a personal appearance before a DOHA administrative judge.

DOHA publishes redacted decisions that the public can search. That body of decisions shapes how cases are argued. DOHA is a Department of Defense office, so it does not handle cases for every federal agency.

The 13 Adjudicative Guidelines and the Whole-Person Standard

SEAD 4 is issued by the Office of the Director of National Intelligence as Security Executive Agent. It replaced the earlier 2005 adjudicative guidelines and sets 13 guidelines:

• Allegiance to the United States
• Foreign influence
• Foreign preference
• Sexual behavior
• Personal conduct
• Financial considerations
• Alcohol consumption
• Drug involvement and substance misuse
• Psychological conditions
• Criminal conduct
• Handling protected information
• Outside activities
• Use of information technology

SORs often arise under financial considerations (Guideline F), drug involvement (Guideline H), criminal conduct (Guideline J) and foreign influence (Guideline B). They also arise under the other guidelines. Our financial considerations page addresses Guideline F in more depth.

Each guideline lists disqualifying conditions and mitigating conditions. A disqualifying condition does not automatically result in denial. Under the whole-person concept, adjudicators weigh the full record. That includes the nature and seriousness of the conduct, how recent and frequent it was, and the circumstances surrounding it. It also includes rehabilitation or corrective action and the likelihood of recurrence.

Because mitigating conditions are defined within each guideline, much of a challenge consists of evidence aimed at those specific conditions.

What Happens After a Final Denial: Waiting Periods and Reapplication

A final denial can still leave a path forward, but the timing rules vary by category.

For contractor employees, DoD Directive 5220.6 bars reapplication for 1 year from the date of the initial unfavorable clearance decision. The employer, not the individual, must start the reapplication. The applicant then gives the Director, DOHA, the adverse decision and evidence that the earlier concerns have been rectified or sufficiently mitigated. If the Director declines reconsideration, that decision is final. It bars reapplication for one more year from the date of the rejection.

For DoD civilians and military members, DoD Manual 5200.02 allows commanders to request reconsideration after 1 year. The year runs from the denial or revocation, or from the final appeal determination if the person appealed. The request must meet an operational need, and the person must be selected or tentatively selected for a national security position. The manual states that reconsideration "is not a personal right or entitlement." No due process is afforded if the request is denied. Individuals who leave DoD for 24 months or more are processed through a new investigation instead. Other agencies set their own rules.

Courts offer little help on the merits. In Department of the Navy v. Egan, 484 U.S. 518 (1988), the Supreme Court held that a clearance decision is a discretionary, predictive judgment committed to the executive branch. That is why review of these decisions is limited.

Changed circumstances such as new evidence, passage of time or rehabilitation can support a later request. Our clearance reinstatement page covers this further. Employment consequences, such as removal from a cleared position, may run through separate processes like an MSPB appeal.

What to Look for When Evaluating Representation

Representation is not required at any stage. The work is still demanding. Each stage is document-intensive and runs on its own deadline, and each calls on different skills:

• The SOR response requires precise admissions, denials and supporting evidence.
• A hearing involves witnesses, exhibits and testimony.
• An appeal brief focuses on identified error in the record.

Familiarity with DOHA procedure and published DOHA decisions can matter. Those decisions show how administrative judges have applied the guidelines to similar facts. The whole-person analysis is easy to describe and harder to document well.

Security Clearance Defense Group focuses on clearance defense matters. Some cases call for coordination with other counsel, such as those that involve parallel criminal proceedings or that have already reached judicial review. A general discussion of the process has limits. How a particular set of allegations fits a guideline is a question for a consultation, not an article. Our page on legal representation for clearance issues explains what representation involves.

Frequently asked questions

What will disqualify you from a security clearance?

No single issue does so on its own in most cases. Each of the 13 SEAD 4 guidelines defines disqualifying conditions, covering areas such as finances, drug use, criminal conduct and foreign contacts. Adjudicators also apply that guideline's mitigating conditions and the whole-person standard. The overview of common denial reasons gives examples.

How can you tell if your security clearance is in the adjudication process?

A security office or sponsoring organization can often confirm status. Receiving an SOR is a clear sign that adjudication has reached a preliminary adverse finding. Processing times vary by agency and workload.

What is a red flag for a security clearance?

"Red flag" is an informal term. Adjudicators measure conduct against each guideline's disqualifying conditions. Commonly cited concerns include recent delinquent debts, undisclosed foreign contacts, drug use and inconsistencies on the SF-86, the federal background questionnaire. Context and mitigation matter, and a single issue rarely decides a case.

What is the timeline for a security clearance reconsideration?

It depends on category, agency and whether a hearing is requested. The SOR reply period is 20 days for DoD contractor employees under DoD Directive 5220.6. It is 30 calendar days for DoD civilians and military members under DoD Manual 5200.02. Hearing scheduling and decisions add time that varies.

Is a security clearance reconsideration the same as an appeal?

Not exactly. An appeal is review of a decision, such as by the DOHA Appeal Board or a Component appeals board. In DoD rules, reconsideration often refers to a later request made after a final denial. In everyday use, people sometimes call the whole response process reconsideration.

Can a security clearance denial be reversed?

It can be. The Appeal Board may reverse a decision when correcting identified error requires it, and judges may rule favorably after a hearing. Published DOHA decisions show favorable outcomes across many guidelines. Results depend on the allegations and the available evidence, and outcomes vary.

Does a security clearance denial affect federal employment?

It can affect a position that requires a clearance and may lead to reassignment or removal. Those employment actions may involve separate processes that are distinct from the clearance decision. The two tracks can run in parallel.

If You Want to Talk Through the Process

The stages, deadlines and decision-makers in these cases depend on category and agency. Talking with an attorney can make the path clearer. Attorneys at the firm offer consultations to discuss how the SOR process works, which guidelines may be involved and what representation at various stages typically entails. No lawyer can promise a result. To learn how the process works and what options may be available, call Security Clearance Defense Group at 888-606-8957 for a free consultation.