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how to revoke a security clearance

how to revoke a security clearance插图

Security Revocation ProceduresSecurity Clearance Revocation Procedures – Initial Finding: The first step when your security clearance is being revoked is that you will receive a Statement of Reasons (SOR). It will tell you exactly why your security clearance is called into question.Security Clearance Revocation Procedures – Written Response: You,or hopefully,your attorney,will need to write a written response. …More items

Why does a security clearance be revoked?

Why Security Clearance May Be Revoked: Statement of Reasons. The manner in which the situation usually arises is that the government issues a Statement of Reasons (SOR) expressing an intent to revoke a security clearance. That document is provided to the facility security officer who, in turn, gives it to the person whose clearance is being …

What will automatically disqualify you from getting a security clearance?

You may be a naturalized citizen, but you can’t be an illegal immigrant or green card holder. Outside of citizenship, there is only one thing that is an automatic disqualifier for obtaining a federal security clearance – that is current, ongoing use of an illegal drug. That’s thanks to the Bond Amendment, which became law in 2008.

Will my security clearance be revoked after a DUI?

The good news first; it is not likely to be a deal-killer. A typical misdemeanor DUI arrest or conviction is highly unlikely to result in revocation of your clearance. There are thirteen (13) adjudicative guidelines used to evaluate people for access to classified information. In my opinion, a DUI could affect five (5) of those guidelines.

Why is security clearance denied?

The Most Common Reasons for Being Denied Security ClearancesA history of poor credit choicesDeceptive or illegal financial activities including theft,embezzlement,tax evasion,and other financial “breach of trust” problemsA history of unpaid or late-paid debtBeing unable to source or explain recent acquisitions of cash or assetsFinancial problems from gamblingMore items…

Why did Jared Kushner edit his security clearance?

Jared Kushner just edited his security clearance forms in desperate attempt to save his skin

What is a concern in a security case?

1) The Concern is a simple statement that sets forth the concerns the security community has about each Adjudicative Guideline. 2) The Potentially Disqualifying Conditions are conditions that, if present in the applicant’s life, may potentially disqualify him or her for eligibility or access. 3) The Mitigating Factors are used by adjudicators …

What is the adjudication process?

The adjudication process is the careful weighing of a number of variables known as the whole-person concept. All available, reliable information about the person, past and present, favorable and unfavorable, is considered in reaching a clearance determination. Each Guideline is comprised of three parts: 1) the Concern, …

What are the mitigation factors?

3) The Mitigating Factors are used by adjudicators to balance against the Potentially Disqualifying Conditions. The Mitigating Factors consist of conditions that, if present in the applicant’s life, may cancel or lessen the severity of the Potentially Disqualifying Conditions. One of the best ways to understand the guidelines for revoking …

What is criminal sexual behavior?

Criminal sexual behavior, sex addiction, sexual behavior that suggests a “lack of discretion or judgment.”. Refusing to cooperate with the clearance investigation, refusing to complete requested paperwork, refusing testing. Associating with known criminals, adverse reports from past employers, neighbors or friends.

How many guidelines are there for a clearance?

There are 13 guidelines that are common to all agencies of the federal government that are used to determine eligibility for a clearance and to determine if an existing clearance ought to be revoked. There is an appeals process which varies with the employment status of the individual. The Defense Security Service has this to say about …

What is dual citizenship?

Dual citizenship, service in a foreign military, accepting benefits such as scholarships or retirement benefits from a foreign country.

What is EO 12968?

EO 12968 requires that applicants be provided: A written explanation of why their clearance is being denied or revoked (this is commonly called a Statement of Reasons or SOR); An opportunity to reply to the SOR in writing and to request a review of the decision.

What is due process for a security clearance?

Most federal agencies have their own written “ due process ” procedures for handling security clearance denials and revocations. Those procedures vary somewhat from agency to agency, but they are rooted in and should conform to the requirements of Presidential Executive Order (EO) 12968 or 10865.

What happens if you are denied a building pass?

This was mentioned in a 2014 DoD Inspector General report. It usually affects only cleared contractor employees who need access to a Government building to do the job they were hired for. Denying a contractor employee a building pass effectively prevents them from accessing classified information and doing their job, and it usually results in them losing their job. The denial of a building pass can also affect a cleared federal employee specifically hired to work on a joint project in a building controlled by another federal agency. The federal agency that controls access to the building can refuse to issue the employee of the other agency a building pass because it doesn’t like something in the employee’s background that didn’t result in clearance denial. There are no Government-wide rules requiring agencies to give people the right to appeal the denial of a building pass. When there’s a security concern (even one that’s been favorably adjudicated), it’s much less cumbersome and expensive to simply deny a person a building pass than to go through the multi-step process for denying or revoking a security clearance.

What is the meaning of "present relevant information"?

An opportunity to appear personally and to present relevant information at some point in the process before an adjudicative or other authority.

What is a SOR letter?

Sometimes there is no separate SOR; instead the “SOR” is woven into the text of the letter. The letters are commonly called a Letter of Intent, Letter of Instruction, Letter of Denial, Notification Letter, or Notice of Determination, but usually are not labelled as such. They start with sentences similar to:

What does it mean when a contractor denies you access to a government building?

Denying a contractor employee a building pass effectively prevents them from accessing classified information and doing their job, and it usually results in them losing their job.

Can an applicant deny a security clearance?

Since an applicant can’t submit a rebuttal or appeal until an unfavorable decision is made, an agency can circumvent the due process requirements of EO 12968 and effectively deny a security clearance by choosing not to make a clearance decision. Often an applicant will give up and pursue uncleared employment or the applicant’s sponsor will withdraw clearance sponsorship, terminating the process and usually resulting in a “ Loss of Jurisdiction ” (LOJ). LOJ can occur anytime clearance sponsorship is terminated while there is an adjudicative action pending.

What is the due process for a federal employee?

If a clearance is denied or revoked, a detailed written explanation of the reason for the decision must be provided. It requires that any documents upon which the decision based be disclosed upon request. It details the employee’s right to counsel and a reasonable opportunity to reply. It requires that written notice of the denial or revocation be served. It also requires that the employee is given a chance to appear before an adjudicative authority other than the investigating entity.

What are the reasons for a contractor’s denial of a clearance?

Financial Considerations. Unexplained wealth, participation in white color crime and the failure to meet financial obligations are all reasons for denial or revocation. Alcohol consumption.

What is Executive Order 10865?

Executive Order 10865 spells out due process requirements for federal contractors. It provides for notice of the reasons for the action, an opportunity to respond, the right to a hearing and the right to be represented by counsel.

Can a contractor engage in criminal sexual behavior?

Sexual behavior: The contractor or employee cannot engage in criminal sexual behavior.

Can a contractor choose a foreign country?

Foreign Preference. The contractor or employee cannot act in such a way as to indicate a preference for a foreign country over the United States, service in a foreign military or accept scholarships or pensions from a foreign country.

Can a contractor be a terrorist?

Allegiance to the United States. The contractor or employee cannot belong to a terrorist group , or advocate an overthrow of the U.S. government

What is DSS interview?

DSS verifies and corroborates key information and events from the candidate’s past and recent history. This may include interviews of people who know the candidate well. The investigator may conduct a face-to-face interview with the candidate as part of the process.

What is SEAD 4?

The guidelines are defined in the Security Executive Agent Directive (SEAD) 4: National Security Adjudicative Guidelines and are the single common criteria used to evaluate all individuals who require national security eligibility.

What is the phone number of the Department of State Personnel Security and Suitability Customer Service Center?

The DoS Personnel Security and Suitability (PSS) Customer Service Center’s (CSC’s) telephone numbers (571-345-3186 and 1-866-643-INFO (4636)) have been spoofed. If you receive a call from these numbers, and …

When does DSS grant national security eligibility?

DSS shall grant national security eligibility only when the information demonstrates that such eligibility is clearly consistent with the interests of the United States. Any doubt shall be resolved in favor of U.S. national security. Back to Top.

How many personnel security investigations are conducted each year?

These investigations provide information for DSS to determine an applicant’s or current employee’s national security eligibility. DSS conducts more than 38,000 personnel security actions each year for the Department of State and other federal agencies.

How many levels of security clearance are there?

There are three levels of security clearance: confidential, secret, and top secret.

How do hiring officials determine if a Department of State position will require a security clearance?

Hiring officials determine whether a Department of State position will require a security clearance based upon the duties and responsibilities of the position. If the position requires access to classified information, a background investigation must be conducted. This is done after a conditional offer of employment is given to an applicant.

How can an attorney help me appeal a clearance decision?

An experienced employment attorney can discuss your rights, draft a response to a Letter of Intent, or represent you in an appeal of a negative determination .

What is a refusal to undergo or cooperate with required security processing?

Refusal to undergo or cooperate with required security processing, including medical and psychological testing. Refusal to complete required security forms and releases, or to provide full and truthful answers to investigators, security officials, and other representatives in connection with a personnel security or trustworthiness determination.

Why is my security clearance denied?

Top reasons security clearances get denied or revoked. There are many reasons security clearances get denied or revoked. However, personal conduct, drug involvement, and security violations are three reasons that we frequently encounter in our work. For each of these reasons, the federal regulations identify factors that will normally result in …

What is a pattern of dishonesty?

A pattern of dishonesty or rule violations, including violation of an agreement between you and the agency

What are mitigation security violations?

Mitigating security violations. These conditions may mitigate concerns based on security violations: Violations were inadvertent, isolated, or infrequent. Violations were due to improper or inadequate training. You have demonstrated a positive attitude towards the discharge of security responsibilities.

What does refusing to cooperate with security processing requirements mean?

Refusal to cooperate with security processing requirements was based on advice from legal counsel or other officials and, upon learning that your cooperation was required, you provided full and truthful information. You no longer associate with persons involved in criminal activities.

What is negative information?

Negative information was unsubstantiated or not pertinent to judgment, trustworthiness, or reliability. Falsification of information was an isolated incident and not recent. You voluntarily provided correct information. Evidence of prompt, good faith efforts to correct falsification before being confronted.

What is the National Security Adjudicative Guidelines?

The National Security Adjudicative Guidelines establish the criteria for all U.S. government civilian and military personnel, consultants, contractors, licensees and others who require access to classified information. Security clearance eligibility determinations take into account an individual’s stability, trustworthiness, reliability, character, honesty, and judgment. In order to be issued a security clearance, the individual must demonstrate unquestionable loyalty to the United States.

What is the purpose of the adjudicative process?

According to Department of Defense Directive 5220.6, the adjudicative process is intended to examine and weigh a number of variables in order to render a determination that the individual is an “acceptable security risk.” This is also known as the “whole person concept.”

Can a single factor be sufficient to deny a security clearance?

Moreover, a single factor alone may be sufficient to deny or revoke a clearance if the circumstances demonstrate a security risk.

Where To Next?

Now that you understand how this service works, you may want to review our JPAS Joint Personal Adjudicative System Report service to see how it might help you. For the full details on that service, go to Joint Personal Adjudicative System (JPAS) Report.

How long does it take to reapply for a JPAs clearance?

Your clearance becomes inactive once your service ends. Although your clearance is inactive, you have 24 months to re-activate your clearance. This is an easy process that your new employer can fix through JPAS. If your clearance has been inactive for …

Why was my security clearance revoked?

You have had a Security Clearance revoked because of government concerns. You’ve spent time since then cleaning up all concerns and documenting your efforts. It has been at least a year since your clearance was revoked. You want to reapply for a clearance and you have a job offer that requires a clearance.

What does a background check cover for a security clearance?

The background check for your new Security Clearance will cover your whole history. This includes the problems you had that got you denied or revoked. It becomes even more of a minefield for you to “keep your story straight”. This doesn’t imply that you would be dishonest, but rather that your application will attract additional scrutiny.

What happens if you make a mistake in a re-application?

If you make a mistake, it becomes a much more difficult process to salvage your re-application. In a lot of ways, the process is stacked against you. You have an extra burden of proof.

What is the purpose of the ‘We do everything possible’?

We do everything possible, and share every bit of information we know to help you get a favorable decision.

What is the job of an investigator?

The investigator interviews your family, friends and neighbors. His/her job is to dig into your entire background as deeply as possible to discover any disqualifying information.

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