The termination of a security clearance can significantly impact your career, especially for those in roles that require access to classified information. Regardless whether you had your clearance revoked due to a change in job, an administrative error, or a more serious issue, reinstatement can often be complex and challenging.

Can my security clearance be reinstated?

The possibility of reinstating a security clearance depends on several factors, including the reason for its termination and the time elapsed since it was last active. Generally, if your clearance is no longer active due to administrative issues or job changes, reinstatement is more straightforward. However, if it was revoked for security concerns or misconduct, the process is more complicated.

For clearances that haven’t been active for over 24 months, clearance reinstatements typically involve reapplying and undergoing new background investigations. The agency considering granting the clearance will scrutinize the new application closely, assessing whether previous issues have been resolved and if any new concerns have arisen. Transparency and proactive mitigation of past issues also play an important role in this process.

How hard is it to reactivate a security clearance?

Reactivating a security clearance can range from relatively simple to highly challenging, depending on several factors. If your clearance is no longer active due to administrative reasons or a job change, and there hasn’t been a break in your clearance status, the process is generally easier. If your clearance has been inactive for less than 24 months, your new employer can often reinstate it without a full reinvestigation. You may still need to fill out an updated questionnaire.

If your clearance was revoked due to security concerns, such as financial issues, criminal conduct, or associations with questionable individuals, the process can become more difficult. In these cases, the agency reviewing your application for a security clearance will conduct a thorough review to ensure that all previous issues have been adequately resolved. This review may include additional background checks, interviews, and possibly even polygraph tests, depending on the type of clearance.

The reactivation process is also influenced by the clearance level. Higher levels of clearance, such as top secret or sensitive compartmented information (SCI), involve more rigorous checks and longer processing times. Government agencies will meticulously evaluate all aspects of your application to ensure that reactivating your clearance is consistent with national security interests.

Can I try again for a security clearance if I was previously denied?

Yes, you can reapply for a security clearance after a previous denial or revocation, but the process is rigorous and requires careful preparation. If your clearance was denied or revoked, you must wait at least 12 months before reapplying. During this time, address the reasons for the initial denial and take corrective actions to mitigate any concerns.

The reapplication process involves submitting a new SF-86 form and undergoing a thorough background investigation. Be transparent and provide comprehensive documentation of the steps you have taken to resolve previous issues. This could include evidence of financial stability, completion of counseling programs, or proof of severed ties with questionable associations. You will then have an opportunity to draft and submit a thorough reapplication brief at that time, which will greatly increase your chances of success.

How can I tell if my security clearance is still active?

To check if your security clearance is still active:

1. Contact your security officer: Reach out to your current or previous employer’s facility security officer for accurate information.
2. Review last investigation date: Clearances are typically active for five years (top secret), 10 years (secret), or 15 years (confidential). If your last investigation falls within these periods and you have remained working for your sponsor, your clearance is likely active.
3. Check DISS or CVS: Use the defense information system for security or the central verification system to verify your status.
4. Consider employment gaps: If there hasn’t been a break of more than 24 months, your clearance may still be current.
5. Request a JPAS report: Ask your FSO or security manager for a joint personnel adjudication system report for detailed information.

Consulting a security clearance attorney can help if you’re unsure about your status or encounter issues; they can help guide you through the process of verification or reactivation, and help you fight erroneous revocations or denials.

How long can a security clearance be inactive?

A security clearance can remain inactive for up to 24 months, during which it can often be reinstated without a full reinvestigation if no significant changes have occurred in your circumstances. Beyond 24 months, a new background investigation is usually required to assess any potential risks to national security.

Certain agencies or government contractors have specific policies for reactivating clearances, especially if granted by a different organization or under special conditions. Continuous evaluation (CE) programs in some federal agencies periodically review cleared individuals’ backgrounds, maintaining clearance currency even with breaks in active status.

Speak with a lawyer today!

If you’re facing the challenge of getting your security clearance reinstated after termination, speak with a qualified Tully Rinckey security clearance lawyer to give you the best possible chance of regaining your clearance. Call 8885294543 or contact us online today for a consultation and get an advocate who will fight for your rights and help secure your career and your future.

As a Managing Partner at Tully Rinckey PLLC, Anthony Kuhn focuses much of his time on the representation of military personnel and members of the intelligence community. He has extensive experience assisting clients in navigating matters involving security clearance suspensions and revocations, appeals to the Discharge Review Boards and Boards for Correction of Military Records, UCMJ violations and non-judicial punishment, appeals for service-connection before the Department of Veterans Affairs, rebuttals to GOMORs and QMP selection notifications and requests for Special Selection Boards. He also serves as the Chair of the National Security Lawyers Association. He can be reached at info@tullylegal.com or at 8885294543.