If you have been denied security clearance, a lawyer from our firm can help you take action by appealing the denial. Due to the fact that the government defaults to security clearance denial when it is unclear if a person is fit for clearance, many people are denied every year in the United States. After a person is denied, there is an opportunity to appeal the denial. The process of appealing security clearance denial is very different from appealing criminal & civil rulings, so it will be necessary to hire a lawyer who is well aware of these differences and who is fully capable of handling this type of case.
Once an Administrative Judge makes a decision regarding an applicant’s security clearance, either the applicant or their attorney can request a security clearance appeal to reverse the judgment. The security clearance appeals process is far more strict and unforgiving than other types of legal procedures and the government has much more power during security clearance appeals than during other criminal and civil appeals. During the appeals process, the Appeals Board will evaluate the original hearing to ensure that the judge adhered to Executive Order procedures. If the security clearance appeals board finds the judge’s decisions arbitrary, contrary to the law, or capricious, the board may reverse the judge’s original order.
The best thing you can do to ensure a security clearance appeal is to retain the services of an experienced security clearance attorney early in the security clearance application process. Your lawyer will protect your rights and will look out for your best interests during all phases of the adjudication, including the appeal, and will fight hard to obtain a favorable outcome in your case.
If your security clearance has been denied or revoked, please contact a security clearance attorneyat Claery & Green for help!