All I was told was the investigation came back and “it was denied.” Happened last week so I haven’t got the SOR and according to an attorney I emailed who specializes in this an SOR can take 4-6 weeks.
How long have you been working for the contract? Did they escort you off the premises? If you were working on an interim clearance or just waiting for a favorable adjudication, I do not think you have any appeal rights. Did the division ASAC provide you with next steps or just say, I am sorry that we cannot keep you on board because your Public Trust was denied. Did you have any opportunity to explain or clear up any concerns with the interviewer?
How long have you been working for the contract?
Did they escort you off the premises?
If you were working on an interim clearance or just waiting for a favorable adjudication, I do not think you have any appeal rights.
Are you sure? How is this different than other denials?
Did the division ASAC provide you with next steps or just say, I am sorry that we cannot keep you on board because your Public Trust was denied.
The latter. I did question about the SOR and said he didn’t know about that.
Did you have any opportunity to explain or clear up any concerns with the interviewer?
There were two interviewers because I was moved from my training location to my job location which was outside the first’s territory. All the second did was clarify one issue about the accidental mishandling of one classified piece of paper nine years ago which was incidentally beyond the scope of the seven year time frame. She didn’t seem to think much of it but I wonder.
I think what I am reading is that your continued employment was based upon your ability to obtain and retain the clearance. You were never cleared so the final job offer was rescinded.
If this is the case, you cannot appeal. This is the reason the ASAC did not know about the SOR. If you do get an SOR, which I doubt that you will, it will tell you why the agency did not grant your clearance. You will need to respond to each item and prove that your worthy of the clearance.
I think we need some more information about the enhanced public trust. I think you might mean high-risk public trust (Tier 4). If that is the case, it sounds like you were denied suitability review, not a security clearance eligibility. Agencies do not provide appeal rights with the suitability review. So, it is likely that you will not receive SOR. You should contact your company’s FSO to receive more information.
I emailed an attorney specializing in SOR’s. I asked “Last week I was denied a clearance and need your assistance in regards to the SOR. Can you please tell me how soon I should be getting the SOR and how to proceed? To the best of my knowledge it was a DEA / DOJ Enhanced Public Trust. Thank you.” He responded “Thank you for your email. The SOR should be forthcoming in 4-6 weeks. If it doesn’t arrive call me and we can take action.”
The ASAC said specifically “the clearance came back denied.”
I have contacted the FSO but his auto response said he’s TDY and will only have some email access.
When you say, “…I was denied a clearance,”, I suspect that it probably triggered the generic response from the attorney. Most folks (not including security clearance attorneys and security clearance professionals) mistook public trust for a security clearance. The best person to ask will be your FSO. If you have a job offer letter, you can check and see.
Also, did you fill out SF-85 or SF-86? Public trust positions use SF-85 and national security positions use SF-86. However, some agencies do “require” SF-86 for public trust positions. Again, your job offer should specify this information.
Drew, It all depends on if you were on a temporary job offer contingent upon final clearance.
This is your answer. If you did not get a final job offer then no SOR with be coming.
Did you go through a lawyer?
Mr. Henderson, you seemed to be quite knowledgeable on security clearance and thought of asking you a question. If you send in your SoR with the option of having the adjudicater make a decision based on written records, can you change your mind at a later time and go to a hearing? That’s providing your response fails to mitigate the issue. Thanks much!
Heval: No, but if you request a hearing then change your mind, a later request to have your case decided based solely on the written record (at DOHA this is called a FORM response) might be approved. Whether you select a hearing or a FORM response, you will have an opportunity to provide additional evidence (beyond what you provided with your SOR response) for the DOHA administrative judge to consider. Choosing to do a hearing or a FORM response depends largely on the issue(s) involved and whether there is a strong need to have witnesses present oral testimony. Generally for an issue like financial considerations when strong documentation of mitigating evidence is presented, a FORM response is usually almost as good as a hearing. I have recommended FORM responses to some my clients because it is less expensive and in some circumstance just as effective as a hearing. Issues related to honesty and integrity are usually best presented at a hearing. If you have received an SOR, I strongly recommend you seek professional help right away. It’s false economy to do the SOR response yourself, then hire a consultant or attorney to do your FORM response or hearing.
Mr. Henderson, thank you so much for taking the time to eleborate on your answer! Really appreciate it. I did get an SoR and in my case it was the Foreign Preference issue. I wrote the letter myself and included some reference letters from my supervisor and family and friends. I wish I messaged you when I got my SoR. Had I known, would’ve definitely seeked help from an attorney. Are you a practicing attorney and is it possible to contact you directly via email?
Heval . . . A few questions about how you handled your response . . . Did you request a hearing or a FORM? Did you read the Adjudicative Guidelines that were in your package and, specifically, the mitigating factors for the section on Foreign Preference? Did the reply that you wrote and the references that you provided address these mitigating factors?
Remember, you are opposing a lawyer. A judge will not see your response to the SOR until later, during the hearing. You are very likely to get a denial and have to deal with a hearing. I would suggest meeting with a lawyer, most should give a free consult, and get some idea of his/her thoughts on your case.
Ed, thanks so much for weighing in and your guidance. I did review those guidelines and provided answers that I hope will mitigate. Some of my references corroborated the points that I made in my response as well. I am on a tight budget and that’s why couldn’t hire a lawyer to do it for me and my FSO told me that I could do it on my own, so I just did my best and now waiting to hear back. I wish that now a lawyer who specializes in security clearance could review what I sent and provide me with his/her opinion. I picked the option of having the adjudicative judge make a decision based on written record but I guess I made a big mistake with it. I wish I picked to go to a hearing. It was my misunderstanding though, I thought if you picked the hearing, the SoR becomes meaningless and you show up and make your case in front of the panel. Well, appearntly, you respond to SoR and if yours answers don’t mitigate then the one of the two options become available to you. Anyway, this is where I am now. Thanks again!
Heval: I am not an attorney; however, I help people with clearance eligibility problems. I’ve prepared Interrogatory, SOR, LOD, and FORM responses, as well as successfully represented applicants at DOHA hearings and personal appearances. E.O. 12968 permits applicants to be represented by counsel or other representative. Most agencies use the terms “attorney” and “personal representative.” If you want to contact me directly, just google FEDCAS.
This thread seems like a good place for my question.
I had a TS/SCI w/ CI Poly through DOD, I joined a contracting firm, got put in for FS poly, passed the poly but got an SCI denial afterwards, responded to the SOR, denial upheld, requested in person panel, denial upheld.
My Army records and afaik JPAS, just say security eligibility = “Denied by Central Adjudication Facility”.
Will I ever receive an SOR for my TS? If so how long does it usually take? My in person panel was in August.
Is it possible I’ll never receive an SOR, and they’ll just revoke my TS? Is it revoked now? I’m so confused. Sorry.
So the SCI was denied but they haven’t taken any action on your TS clearance? As I understand it there are some circumstances where they will deny SCI access but allow you to maintain TS. Not sure if you fall into that boat. Hopefully someone with some experience in this situation can chime in. Best of luck.
I think my situation is similar to yours.
I have a TS SCI w CI Poly because of my position with the Navy Reserves. I was put in for a FS on a contingent offer with a contractor. 2 years later got an email from the contractor stating the government disapproved the ISSA/TS clearance.
Did failing your FS cause you to lose your TS?
I honestly don’t know. I haven’t heard any word on my TS. All I know is I was denied SCI by the IC agency, and now my JPAS says Denied.
I got a letter from the Army, basically just saying I’m flagged for the denial.
I’m worried about contacting the Reserve security office, because I don’t want them to kick me out of the IRR for no longer being MOS-qualified. I don’t know if they’d try to help me get my clearance back, or just kick me out.
So you had a TS SCI previously with the Army, but then received a denial when you went for a FS?
Did you already receive your Statement of Reason? If so, how soon after did you get a letter from the Army?
Does your current job require a clearance?