Security Clearance Denied — What Happens Next?
What a Clearance Denial Actually Means
A denial does not necessarily mean misconduct was proven. It means the adjudicating authority determined that concerns raised under one or more security guidelines were not sufficiently mitigated.
The government’s standard is not punishment — it is risk assessment. Adjudicators evaluate reliability, judgment, trustworthiness, and allegiance. If they determine the concerns outweigh the mitigation presented, a denial may follow.
Importantly, a denial is a formal decision. Understanding exactly what stage your case is in is critical before taking any action.
Denial vs. Revocation: The Key Difference
A denial typically applies to applicants seeking initial eligibility or individuals reapplying after a lapse. A revocation, on the other hand, applies to someone who has an active clearance that has now been withdrawn.
While the practical consequence — loss of eligibility — may feel the same, the tactics in addressing the action can differ. Revocation cases often involve continuous vetting triggers, reinvestigation findings, or post-eligibility incidents.
What Not to Do After a Denial
The period immediately following a denial is where costly mistakes happen.
Emotional reactions are common, but written responses filled with frustration or accusations rarely help. Attempting to reapply immediately without addressing underlying concerns can damage credibility and are often not allowed. Ignoring appeal deadlines can eliminate procedural options altogether.
Another frequent error is assuming the case is unwinnable. Many denials stem from documentation gaps or insufficient mitigation — not permanent disqualification.
Before submitting anything further to the government, it is essential to understand your procedural posture and available remedies.
Your Appeal Options: DOHA or Agency Review
In many Department of Defense contractor cases, appeals proceed through the Defense Counterintelligence & Security Agency (DCSA) and the Defense Office of Hearings and Appeals (DOHA). This may involve requesting a hearing before an Administrative Judge who will evaluate testimony, documents, and credibility.
Conversely, other agencies, including those within the Intelligence Community, may use internal review panels or different administrative processes. The rules governing timelines, evidence submission, and representation vary depending on the agency.
An appeal is not simply a request for reconsideration. It is a structured legal process where evidence, mitigation, and procedural accuracy matter. Preparing strategically can significantly affect the outcome.
When to Call a Lawyer
Once a denial has been issued, the stakes increase substantially. Appeals often involve legal standards, evidentiary burdens, and credibility assessments that benefit from experienced guidance.
An attorney focused on security clearance defense can assess the allegations, determine whether procedural errors occurred, evaluate mitigation strength, and help structure an appeal strategy that aligns with adjudicative guidelines.
For professionals whose income depends on eligibility, early legal analysis can prevent irreversible missteps.
What to do Next?
If your security clearance was denied or revoked, don’t respond or appeal without experienced legal guidance. The actions you take in the first days after a denial can determine whether your eligibility — and your career — can be restored.
Contact Matthew Thomas Law, PLLC today for a confidential consultation and strategic defense tailored to your case.