Holding a clearance · When something comes up
When something comes up
You reported something, someone reported you, or a record check raised a flag. Here is the process that follows for a contractor employee, step by step, with the deadlines that bind you and the rights that bind the Government. It is longer than most people expect, and more orderly.
Three ways it starts
Scope: this page describes the process for collateral clearances held through the National Industrial Security Program. Eligibility for sensitive compartmented information and special access programs follows the sponsoring agency’s procedures, and DoD civilians and service members have a different route (a Letter of Intent rather than a Statement of Reasons).
The adjudicator’s review
An adjudicator reads the report and decides what, if anything, it needs.
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Close it
Many items end here, with the incident closed and eligibility unchanged. You may never know it happened; your FSO may see the status change in DISS.
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Ask for more
The codified procedures let adjudicators “direct further investigation,” “propound written interrogatories” to you or others, and interview you. In practice this reaches you through your FSO as a request for information, an updated questionnaire, or an investigator’s interview. Answer completely: SEAD 4 treats “purposeful non-cooperation with security processing” as a significant concern in itself.
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Weigh it under SEAD 4
Adjudicators apply the “whole-person concept”: all reliable information, favorable and unfavorable, past and present. The directive lists what counts, including the nature and seriousness of the conduct, how recent and frequent it was, whether there is rehabilitation or lasting change, and the likelihood of recurrence. For someone who already holds eligibility it adds whether you voluntarily reported, were truthful and complete, sought help, and have resolved or are resolving the concern. The guideline-by-guideline detail is in the Atlas guideline pages.
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Propose to deny or revoke
If, after that, the adjudicator cannot find that continued eligibility is clearly consistent with the national interest, the case goes to a Statement of Reasons. SEAD 4’s standard is that “any doubt ... will be resolved in favor of the national security,” which is why answering an SOR well matters so much.
How often it goes badlyDOHA’s director told the NISPPAC in March 2026 that 98% of clearance applications and reinvestigations result in a favorable determination, and that of 1,024 Statements of Reasons DOHA reviewed, 90 were rejected as factually or legally inaccurate before they were ever sent. No agency publishes how many incident reports or alerts close without action, so no such percentage appears here.
Suspension of access
Pending a final decision, eligibility can be suspended when there is “a reasonable basis for concluding that an applicant’s continued access to classified information poses an imminent threat to the national interest,” and SEAD 4 asks the adjudicator in every case of new concern to consider whether eligibility “should ... be suspended pending final adjudication.” When your company is notified it must “immediately deny access to classified information” and debrief you. The procedures below are to be expedited while a suspension stands.
The Statement of Reasons
The one document that matters most. No unfavorable decision may be made without it.
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What it is
“An unfavorable clearance decision shall not be made unless the applicant has been provided with a written SOR that shall be as detailed and comprehensive as the national security permits.” It lists the specific concerns, organized by SEAD 4 guideline, and comes with a letter explaining that you may request a hearing. It reaches you through your FSO. Before it is sent, DOHA lawyers review it and reject those that are factually or legally wrong.
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You have 20 days to answer
“The answer must be received by the DOHA within 20 days from receipt of the SOR.” The answer admits or denies each allegation, with explanation and documents. “A general denial or other similar answer is insufficient,” and “to be entitled to a hearing, the applicant must specifically request a hearing in his or her answer.” If you want a hearing, say so in the answer.
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If you do not answer
DOHA may discontinue processing, deny the clearance and direct that any clearance held be revoked. Silence is a decision.
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It can be withdrawn
If your answer shows the allegations are unfounded or the evidence insufficient, Department Counsel can withdraw the SOR and the case ends there.
Get help earlyYou may be represented by a lawyer or a personal representative at every stage; the Government does not provide one. The 20 days run from receipt, so if you intend to get help, start on the day the SOR arrives. The consultant directory lists security clearance attorneys who list themselves; a listing is not an endorsement.
Hearing or written record
| Question | Decision on the written record | Hearing |
|---|---|---|
| How you get it | The default if you do not request a hearing in your answer (and Department Counsel does not). | Request it in your answer. Department Counsel may also request one. |
| What you receive | A copy of all relevant and material information that could be adduced at a hearing, and 30 days from receipt to submit a documentary response. | At least 15 days’ notice of the time and place. Discovery of non-privileged documents and materials under DOHA’s control. |
| Who is there | Nobody: the administrative judge decides on the papers. | You appear in person, “with or without counsel or a personal representative,” before a DOHA administrative judge; Department Counsel presents the Government’s case. Open unless you ask that it be closed. |
| Evidence | Documents only. | Testimony and documents. “Witnesses shall be subject to cross-examination.” You and every witness are warned that 18 U.S.C. 1001 (false statements) applies. You receive one copy of the transcript without cost. |
| Burden | You have “the ultimate burden of persuasion as to obtaining a favorable clearance decision.” | The same. Department Counsel must support the allegations; you must mitigate them. |
| Result | A written decision with findings of fact, policies and conclusions. Your employer is notified of a denial or revocation. | The same written decision. Redacted decisions are published; the Adjudication Atlas indexes them. |
Choosing the written record saves travel and time, and gives up the chance to be seen and questioned. Most published decisions with a favorable outcome under a difficult guideline came from hearings, but every case is its own; the Atlas describes published decisions and does not predict yours.
The appeal
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Notice of appeal within 15 days
Either side may appeal “by filing a written notice of appeal with the Appeal Board within 15 days after the date of the Administrative Judge’s clearance decision.” The clock runs from the decision date, not from when you read it.
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Brief within 45 days
“A written appeal brief must be received by the Appeal Board within 45 days from the date of the Administrative Judge’s clearance decision.” The other side may reply.
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No new evidence
“No new evidence shall be received or considered by the Appeal Board.” The appeal argues that the judge erred on the record that exists; it is not a second hearing. The Board affirms, reverses or remands, and its decision is final.
After a denial or revocation
Time, candor and corrective action are the mitigating conditions throughout SEAD 4, so the year is not dead time. Pay the debt down, complete the treatment, end the contact, and keep the records that show it.
If you change jobs in the middle
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The report is still filed
“The termination of employment of an employee does not negate the requirement to submit this report.” Leaving does not remove adverse information from your record; it removes your chance to answer it alongside your company.
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A DOHA case may stop, unresolved
Proceedings “shall cease upon termination of the applicant’s need for access to classified information,” unless a hearing has begun, a decision has issued, or your clearance was suspended and you “provided a written request that the case continue.” An unresolved case is not a win: the next employer cannot rely on your prior eligibility while significant unadjudicated derogatory information exists, and re-access after a break requires that “no new derogatory information is known.” If you are suspended and want it decided, ask in writing that the case continue.
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Status terms your FSO may use
DISS has statuses such as “Loss of Jurisdiction” for eligibility DCSA has administratively withdrawn. Their mechanics are DCSA’s, change with system releases, and are not documented in any public rule; ask your old and new FSOs to confirm your status with DCSA rather than guess.
Your file and your rights
Sources
- DoD Directive 5220.6, Defense Industrial Personnel Security Clearance Review Program, as codified at 32 CFR Part 155 and Appendix A: the Statement of Reasons (item 3), the 20-day answer and hearing request (items 4–5), written-record and hearing procedures (items 7–8, 11–12, 15–16, 18, 24–25, 27), the appeal (items 28–30), reapplication (items 37–40), reimbursement (items 42–43); §155.4(c)–(d) on due process and cessation; §155.6 on suspension and non-cooperation.
- SEAD 4, National Security Adjudicative Guidelines (effective June 8, 2017), Appendix A ¶2(a)–(i): the whole-person concept, the factors, and what adjudicators consider about current holders.
- 32 CFR §117.8(c)(1) (adverse information, rumor or innuendo, termination of employment, Becker v. Philco) and §117.10(b)(2), (i) and (j) (notification, immediate denial of access, administrative termination of access, re-access after a break).
- ISOO, NISPPAC public meeting minutes, March 18, 2026: the DOHA director’s figures and the DCSA Adjudication and Vetting Services update.
- DCSA, Requesting Background Investigation Records; form INV100 is OMB control number 0705-0001 (88 FR 23412); the office address and telephone are as published in the Federal Register in September 2026.
- DCSA, Maintaining Personnel Vetting Clearances: how an incident report is reviewed.
Checked . The deadlines quoted are from the published codification of DoD Directive 5220.6; the letter that accompanies a Statement of Reasons states the deadlines that apply to your case and governs if it differs. An independent guide for cleared employees, not legal advice. If you receive a Statement of Reasons, consider talking to a lawyer who handles security clearance cases.