Security Clearance Appeal Attorneys And DOHA Hearing Defense

Many federal employees and employees of federal contractors require security clearances in order to fulfill the duties of their jobs. When these clearances are in jeopardy, so are the careers and livelihoods of the employees who hold them. The law firm of San Diego Employment Attorneys Group has extensive experience defending security clearances for federal employees and other employees.

How Can A Security Clearance Attorney Help With An SOR And DOHA Appeal?

A Statement of Reasons (SOR) identifies the government’s security concerns. For a San Diego defense contractor, an unfavorable clearance decision may threaten their duties and future work on federal contracts. Our security clearance appeal attorney can assess the allegations, identify weaknesses in the record and develop a response grounded in applicable standards.

An SOR response should:

• Address every numbered allegation, stating whether each assertion is admitted or denied
• Correct incomplete facts
• Explain relevant circumstances
• Include records that support the applicant’s account

Depending on the concern, useful materials may include payment histories, tax records, court documents, travel details, foreign-contact disclosures and statements from supervisors.

Deadlines and procedures should be outlined in the SOR packet and may differ according to your status and employing agency. Missing a deadline can result in a default. On the other hand, early preparation gives you time to organize exhibits and decide whether a personal appearance or hearing would strengthen the case.

It is also important to understand that Security Executive Agent Directive (SEAD) 4 requires adjudicators to evaluate the whole person rather than view an allegation in isolation. Under Guideline F, financial considerations may raise concerns when debts suggest irresponsibility or create vulnerability to pressure. We may present evidence that the problem resulted from circumstances outside the applicant’s control, that responsible action followed and that the debt is resolved or being managed.

Guideline E addresses personal conduct, including:

• Deliberate omissions or misleading statements
• Evidence of candor, correction, rehabilitation
• Changed behavior may provide mitigation

In contrast, Guideline B concerns foreign influence arising from relationships or interests that could create divided loyalties or coercion risks. We can document required disclosures, compliance and ties to the United States to place those concerns in context.

In covered contractor cases, a Defense Office of Hearings and Appeals (DOHA) administrative judge may decide the matter after a hearing or on the written record. We:

• Develop an evidentiary strategy
• Prepare witnesses
• Present exhibits
• Challenge unsupported allegations

Because opportunities to submit evidence later may be limited, we work to build an initial record. San Diego Employment Attorneys Group represents defense contractors from San Diego and nationwide in federal security clearance matters. A free consultation with our security clearance lawyer can clarify your deadline, available procedures and next steps.

Security Clearance Denial Or Revocation

As a federal employee facing the loss of your security clearance, you have the right to a proceeding with the Defense Office of Hearings and Appeals (DOHA). In this proceeding, a judge will make a determination regarding the denial or revocation of your security clearance. The stakes are high. If the judge upholds the intent to deny or revoke your clearance and your job requires the clearance, you will likely lose your position and an appeal for a reversal of the termination decision by the Merit Systems Protection Board (MSPB) will very likely not succeed.

With many years of combined employment law experience, the firm’s lawyers have represented many federal employees whose security clearances were threatened due to psychological impairments, bankruptcy, criminal charges, including DUI, and other circumstances. Contact San Diego Employment Attorneys Group if you have received a notice of intent to deny or revoke your security clearance.

Since its founding in 1992, the firm has represented well over 5,000 clients, nearly all of whom have had employment law cases.

Call For A Free Consultation

If you would like to discuss a security clearance matter with a California attorney at no charge, you may call our offices at 619-528-2530 to set up an appointment. San Diego Employment Attorneys Group has offices in San Diego’s Mission Valley and in Carlsbad, California.