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?
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.
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…