The United States Department of Defense issues Security Clearances for private individuals and businesses. While other federal agencies issue Security Clearances, the majority are issued by the DOD. Other federal agencies that issue Security Clearances include the Department of Homeland Security, the Department of Justice, the Department of Energy, and the Central Intelligence Agency. The Department of Defense issues three types of Security Clearances; Industrial Security Clearance (ISC), Personnel Security Clearance (PSC) and a Facility Security Clearance (FCL).

The Department of Defense requires all applicants complete a Standard Form SF86. The Department of Defense conducts an extensive background investigation. There are a number of factors that can contribute to the denial of a Security Clearance such as:

Allegiance to the United States

Foreign Influence

Foreign Preference

Sexual Behavior

Personal Conduct

Financial Considerations

Alcohol Consumption

Drug Involvement

Psychological Conditions

Criminal Conduct

Handling Protected Information

Outside Activities

Use of Information Technology Systems

There are a number of ways to mitigate concerns that may lead to the denial of a Security Clearance. Successful mitigation depends on the issue that may lead to the denial of the Security Clearance. An attorney experienced in DOD Security Clearance denial Appeals can assist applicants with providing mitigation.

Upon an unsuccessful application for a Security Clearance, the Department of Defense will issue a Letter of Intent to Deny an Industrial, Personnel of Facility Security Clearance. This is also known as a Statement of Reasons, or SOR. The applicant may have the right to respond to the Security Clearance denial in writing. The applicant denied a Security Clearance may also request a Hearing before the Defense Office of Hearings and Appeals (DOHA). Depending on the legal matter, a Hearing Officer or panel of Hearing Officers may be assigned to hear the case. The Hearings can be located in Washington, D.C., or in a major city near the applicant. Upon receipt of the decision, an Appeal can be lodged with the DOHA Appeal Board.

When facing an Administrative Law Security Clearance matter with the Department of Defense, it is crucial to receive representation from a Federal License Defense Attorney familiar with the Federal Administrative Law process. While the Code of Federal Regulations governs much of the Federal Administrative Law process, each agency has the ability to issue its own rules and regulations and decide its own Administrative Law process. The Department of Defense is no exception. Thus, it is important to be represented by counsel when facing a Security Clearance denial matter with the Department of Defense.