Win Your Security Clearance Case.
Korody Law maintains a nationally recognized security clearance law practice focusing on defending DoD contractors, civilians, and military members facing revocation, denial, or suspension of a security clearance.
The Department of Defense (DoD) maintains about 2.5 million security clearances for service members, federal civilian employees, and industry. The DoD issues more than 80% of all security clearances in the United States. And while there are small differences in the adjudication and appeal processes for service members, federal civilian employments, and industry, this chart generally describes the DoD clearance process.
Security clearance concerns that may result in preliminary determinations to deny or revoke a clearance are identified during initial investigations, reinvestigations, or the continuous vetting monitoring.
Call Korody Law to handle your security clearance case.
Former JAG Officers. Your Security Clearance Defense Team.
Korody Law's attorneys more than 70 years combined military and national security law experience.
Why Hire a Security Clearance Lawyer
Security clearance hearings are legal proceedings.
- For DoD clearances, there will be a Security Clearance Judge from the Defense Office of Hearings and Appeals (DOHA). For other agencies, there are normally formally trained hearing officials.
- There are strict rules that must be followed by all parties at the hearing.
The Agency will send a lawyer or team to argue against you.
- For DOD clearances, a Department Counsel (DC) will be assigned. The DC is a trained lawyer who has handled hundreds of cases. The DC can object to evidence and will cross-examine you.
- Other agencies will send agency representatives to present evidence and ask you questions.
Korody Law has handled clearance and suitability cases before nearly every federal agency including the DOD, CIA, DIA, DHS, and NSA. Most agencies other than the DOD offer a “personal appearance” in lieu of the more formal DOD hearing.
If you lose your security clearance hearing or personal appearance, there are very limited grounds for appeal.
Once the denial or revocation becomes final, the individual has to wait at least a year (usually longer) to reapply. And the individual must have a sponsor to do so.
“Mr. Korody saved my job. I was at the risk of losing my CAC card/Security Clearance. Mr. Korody was very detail oriented and cared about helping me win my case. I would recommend his services to anyone.”
– Retired Navy / Federal Contractor
What is a Security Clearance?
A security clearance is an official determination that an individual may access information classified by the United States Government. Security clearances are hierarchical; each level grants the holder access to information in that level and the levels below it. The clearance process requires a background investigation and the signing of a nondisclosure agreement. Access to any particular piece of information requires “need-to-know.” In some cases, this requirement is only nominal, as some classified information is widely published on secure networks. In other cases, there is a formal need-to-know determination.
“I was at risk of losing my Security Clearance and brought my problems to Mr Korody. He gave me hope when I had very little and followed that with positive results. Mr Korody is a TRUE PROFESSIONAL with the right amount of personal concern. He was always available for me and my wife. He spent adequate time with me and prepared an excellent case. He kept me included in the process leading up to my Hearing which helped to keep me occupied rather than sitting in worry. In the courtroom I was very glad that he was representing me. I felt that I was in good hands. I don’t believe that I would have had a favorable outcome without Mr Korody’s experience.”
– Retired E-7; Federal Contractor
What is DOHA?
DOHA is the Department of Defense Office of Hearings and Appeals. DOHA is the DoD office that employs and manages the appeals process for all DoD security clearances. DOHA employs the security clearance judges. DOHA also employs the Department Counsel, who make the present the case to deny or revoke a security clearance to the security clearance judge at the hearing.
What is DCSA and DISS?
DOD’s Defense Counterintelligence and Security Agency (DCSA) replaced the Department of Defense Consolidated Adjudications Facility (DOD CAF) and handles all facility and personnel security clearances. With regard to security clearances for personnel, it is tasked with making the initial determination regarding a security clearance application – to grant the clearance or issue a Statement of Reasons/Notice of Intent to Deny a clearance. Prior to DOD CAF (and now DCSA), each military branch and DOD maintained their own CAFs. DCSA now is responsible for reviewing security clearance applications for all military, DOD civilians, DOD contractors, and many other entities, completing background investigations, and adjudicating clearances.
DISS is the Defense Information System for Security. It replaced JPAS, the Joint Personnel Adjudications Systems, as the primary database regarding security clearances. DISS can be accessed by local security managers to determine a clearance holders status. DISS is also the mechanism by which security clearance managers submit incident reports and other information to DCSA for adjudication.
What is a Statement of Reasons?
A Statement of Reasons, or SOR, is the formal notification to the applicant or security clearance holder that the DOD CAF has made a decision that granting a clearance to the individual is not consistent with the interests of national security. In other words, a SOR is the initial denial of the clearance.
In response to a SOR, the individual can appeal to the DOHA to the review the DOD CAF’s decision to deny (or revoke) the clearance. There are two ways to appeal: 1) request a security clearance judge review the case on the File of Relevant Material (FORM) or 2) request a hearing before a security clearance judge.
We highly recommend that every individual request a security clearance hearing.
What happens at a DOD Security Clearance Hearing?
A security clearance hearing actually starts well before the hearing itself. In response to the Statement of Reasons, or SOR, the individual (called the Applicant) has to admit or deny the allegations under the Security Clearance Guidelines that form the basis for the DOD CAF’s denial of the clearance. Any admissions or responses are deemed party opponent admissions and will be used at the security clearance hearing. So, if you admit, for example, that you used cocaine on several occasions in the response to the SOR, you cannot argue at the hearing that you did not use cocaine. While an individual must be truthful in responding to the SOR it is important that any defenses or mitigation be thoroughly reviewed before admitting or denying the allegations in the SOR.
There is also pre-hearing discovery. The Department Counsel is required to turn over all documents and witness information prior to the hearing. The Applicant has to do the same. The Applicant is solely responsible for gathering evidence and producing witnesses that are favorable to his or her case.
Many security clearance hearings are held now by a videoteleconferencing platform. At the hearing, the Department Counsel will make an opening statement, present documentary evidence against the Applicant, and may call witnesses. The Applicant also gets to make an opening statement, present documentary evidence, and call witnesses. All witnesses are subject to examination by Department Counsel, the Applicant, and the Judge. After all evidence has been presented, the Department Counsel and the Applicant can make closing arguments. The Applicant and Department Counsel can make legal objections throughout the hearing to argument, exhibits, or testimony.
If the Applicant has a security clearance lawyer, the lawyer makes all opening and closing statements and objections and presents the Applicant’s case to the security clearance judge.
What happens after a DOD Security Clearance Hearing?
After the security clearance hearing is complete, a verbatim transcript will be prepared within two weeks and provided to the Applicant, Department Counsel, and the security clearance judge. The security clearance judge may also leave the hearing “open” for a period of time for either side to provide additional evidence. Once the hearing is “closed”, the security clearance judge will issue a written opinion, normally within 2 to 3 months following the hearing. If security clearance judge denies the clearance, the denial will be entered into DISS and the Applicant will no longer have a clearance, even if he or she decides to appeal.
Can I appeal a denial of a DOD security clearance?
If a DOHA security clearance judge denies or revokes a security clearance, the Applicant can appeal to the Board of Appeals. The Board of Appeals is merely a small group of security clearance judges in the same office as the judge that heard the case. The grounds for appeal are very limited – it is a paper-only appeal. There is no hearing. No new evidence can be presented. The appeal is limited to whether the security clearance judge applied the correct legal standards.
Because the security clearance hearing is an Applicant’s best chance to obtain a security clearance, it is imperative that the Applicant be represented by an experienced security clearance lawyer.