A few months ago my security clearance was suspended by the IC agency I worked for as a contractor due to a security incident and before my clearance could be adjudicated (revoked or reinstated), I was terminated by my company due to no longer having access to the agency’s facilities. Since then, my clearance has been in limbo, in “Loss of Jurisdiction” status. I wrote to the DCSA to try and figure out my options and this is what they responded with:
“The DoD Consolidated Adjudications Facility (DoD CAF) is authorized to render security clearance eligibility determinations only on behalf of applicants and/or employees for whom their employment position requires eligibility for access to classified information and/or assignment to sensitive duties. Once an individual separates from employment, the DoD CAF is no longer authorized to review or process that individual’s case due to the loss of jurisdiction. Should you secure employment with a qualifying sponsor in a position requiring a security eligibility determination in the future, your new sponsor may request that we resume action in this matter. An individual is not authorized to request a security eligibility determination on themselves. The request must come to our office from an authorized DoD Security Management Office (SMO) or contractor Facility Security Office (FSO).”
How exactly am I supposed to get a company to sponsor me for a position requiring a security clearance, when I don’t have a valid security clearance? Why would they hire me into a slot that requires a clearance, and then have to wait for my adjudication, when they could hire someone else who already has a valid clearance? How in the world am I supposed to escape this limbo? This process seems entirely broken, unfair, and frankly depriving me of due process. It would be better for me if they would go ahead and revoke my clearance, because at least then I could lawyer up and appeal the decision. As things are now, there is absolutely nothing I can do. I even contacted my US Senator to see if they could help… haven’t heard back from them yet.
Has anyone out there had any luck in escaping this situation? Or should I resign myself to trying to find a job that doesn’t require a security clearance? Which is what I have been doing the past several months with no luck, by the way. It is very difficult to find a job in my field that doesn’t require a clearance.
Thanks for any help or advice… I am really desperate and starting to lose hope!
Did you or someone report the incident/violation ? Did they take your statement and had an investigation started?
The good news: yes, people recover from Loss of Jurisdiction
The not-so-good: it takes a long time and is not that easy.
I think basically you have to get hired by someone willing to sponsor you for what amounts to a brand new investigation… at least that’s how its worked for the few folks I’ve known who successful returned from LOJ Limbo.
I literally just escaped and my incident report was cleared. It took about 3 years but each situation is different so mine may be a bit of an outlier.
The process seems to be working just fine. You had a security violation and lost your clearance.
I have been waiting since November 2019. The investigation got closed in mid Aug and it has been in adjudication for a month now. Neither me or my references got contacted during the investigation. We will see how longer it would take.
For your situation you need to get an offer letter and be placed on a contract to have the adjudication updated. It may not need a new investigation if in scope and under 2 years. You’re at the mercy of the FSO.
I definitely feel your pain on this one. I’m in the same limbo except my Security incident was that i didn’t return my badge in one day after being terminated because i wasn’t communicating effectively with a new team, only was there for 3 weeks. Had my clearance since 2014. The facility officer put an incident on my report to return a badge in one day, not to mention we’re teleworking. And because no one had my clearance at the team, the DOD CAF put loj on my status. Now how the world do we get employment if they require the clearance to be active, no i didn’t violate any of the 13 Adjudications, when i say the process is unfair, it really is. And i work in the IT department, for over 10 years, I’m 36, so u telling me now i have to start all over because someone didn’t like my 3 week performance, and i didn’t turn my badge the first day after learning my termination while teleworking, how is that fair for a vet, its not, and we have to fight back. Good luck on this situation.
The process doesn’t work fine, because every incident is not a violation, especially in my case, this is not how we protect national security. People shouldn’t have to wait months and years for something as serious as your clearance background. I’ve worked in government all my life, and we both know that the work on the DOD CAF desk, isn’t that stacked, its just not important to them because it doesn’t effect their lives.
I wasn’t replying to you. However, in my almost 30 years in government service, I have learned that there is always 3 sides to every story, yours, there’s and the truth lies in the middle.
And being fired after 3 weeks is definitely a red flag and tells me there is more to the story.
And yes, something as serious as national security should take time.
Well I’m replying to you.I been a government contractor for about 14 years. If you been with the government as contractor or federal employee you’ll know that there’s a big difference. As it stated in my letter, the exact reason i was fired, and it wasn’t about my work. Every department operates different, and in short, i wasn’t even given time to complete my cyber awareness training. But getting fire wasn’t even my biggest concern because IT is in huge demand. An incident goes on your clearance when you violate any of the 13 adjudications. Not returning a badge in one day’s time is not considered a violation. It’s considered people assumptions on what you might do. I shouldn’t be judge off opinions. So i have no reason to lie when it’s on paper. But when companies put things on your clearance thats so minor, it violates my rights. So it’s a matter of we all know how our government operates. It’s a matter of what type of people make up majority of our government. And it’s a matter of waiting on the adjudicator to see how dumb this incident was to reinstate eligibility.
Took me 2+ years and an untold number of complaints to come out of LOJ and back into SCI. Was all based on polygraph results which I think in the end they realized was BS.
I think there are two situations here: one is the simple “loss of jurisdiction” when your clearance becomes inactive. The other is the much more difficult situation when your clearance becomes inactive in association with some “incident.” I think that makes it much more difficult to get back into the game (so to speak) and get the needed investigation to address the incident and clear it up.