Do I have a clearance after a denial?


#1

I’m getting conflicting information.

My previous employer’s security office said because of my denial I no longer have a clearance, but my lawyer I’m using to appeal the denial says because I had a TS/SCI w/ CI Poly (before trying to upgrade to FS and getting denied) in the Army (which I left in November), it’s still ‘current’ but not ‘active’.

I tried asking my lawyer to clarify but that was 2 days ago, and she hasn’t responded, so asking here for now.

Also, on a complete different but related topic. My MOS in the Army required a clearance, I did 4 years, and I’m currently in the IRR. Do I still have that clearance because I’m in the IRR? What happens if I say join the reserves/guard tomorrow? Will the denial affect that?

So many variables and no clear information lol.


#2

I used to work at a place (contractor) where some folks who had secret clearances went for TS/SCI with a certain customer and were denied. They could not work on projects for that customer anymore, but the company said they still had a clearance. But if they left to go to another company, that denial would show up as an “incident” requiring an investigation.

I don’t think it matters what your lawyer thinks. The lawyer’s job is to win the appeal! They may have an opinion based on their experience but they don’t get to decide.


#3

Tough question… lots of moving parts and unknowns… I hope you learned to stay away from poly’s as a result of this debacle you’re in, lol.

Perhaps your attorney means that since you’re currently in an appeals process and an administrative judge has the final say — you haven’t lost anything yet…Hard to say…