For individuals who have been granted a security clearance, receiving a statement of reasons (SOR) can have severe implications on the individual’s clearance and career if an adequate response is not made. An SOR is formal notification outlining why an individual’s ability to access classified information is being questioned.

The purpose of an SOR is to inform the individual that his or her clearance is being denied or revoked and the specific basis for that proposed action. It is not a final determination by the agency. The clearance holder has the ability to respond to the SOR and mitigate any potential security concerns identified by the agency. Common concerns raised by an SOR can range from an individual’s foreign contacts or preference, financial considerations, sexual behavior, personal conduct and behavior, criminal conduct, alcohol or substance misuse, psychological conditions, and use of information technology. While this list is not all inclusive, it provides the most common bases asserted when an SOR is received.

Depending on the circumstances, it might be necessary to request an extension of the deadline for filing a response. There is often an opportunity to file a response to the SOR and proceed to a hearing before the final decision if the response fails to mitigate the government’s concerns. In some situations, U.S. military personnel, for example, there is only one bite at the apple and the final decision comes after the response to the SOR. The service member can appeal that decision at a hearing. For some agencies, the Department of Energy for example, the applicant will only get to file a response or appear at a hearing. Under these circumstances, it is important to understand and make the right choice the first time, which is most often electing a hearing or personal appearance.

If an SOR is not responded to in a timely manner, the individual can be certain that his or her clearance will be denied or revoked. The agency issuing the SOR will provide the clearance holder or applicant with information regarding the security concerns and what information might be useful to respond to those identified concerns. While it may be tempting to respond to the SOR on your own behalf, it is not recommended.

Responding to an SOR is an intricate process where numerous factors must be taken into consideration. Evidence of mitigation must be obtained and provided to the agency in a manner that is beneficial to the individual to increase the chances of a favorable outcome for the clearance holder. The agency is not going to go out of its way to find evidence that the security concerns have been mitigated and you should not expect them to do so.

The role of evidence gathering when responding to an SOR is crucial and should not be taken lightly. Experienced legal representation can help identify and gather mitigating evidence and ensure it is presented in a way that will persuade the agency to conclude that the security risks have been mitigated. If you have received an SOR, your chances of adequately mitigating the security concerns identified by the agency increases with the help of well qualified counsel.

Eric Duncan is a senior associate in Tully Rinckey PLLC’s Buffalo office, where he focuses his practice on military law. Prior to joining Tully Rinckey, Eric served in the Infantry of the United States Marine Corps. After transitioning from military service, Eric completed law school, where he conducted research into veteran groups and resources and worked as a founding member of the Veterans Legal Practicum at the University at Buffalo School of Law. Eric takes pride in defending our nation’s men and women in uniform. He can be reached at 8885294543 or at info@tullylegal.com.