Defense Office of Hearings and Appeals (DOHA)
Security Clearance Lawyer Representing Clients Nationwide Since 1976
If your job requires you to obtain a national security clearance in order to gain access to sensitive information, the first thing you will need to do is submit a Security Clearance Application. Denial of security clearance could mean that you don’t get hired or don’t get a promotion. In some cases, it could even mean losing a job you already have.
With so much at stake, you need an experienced security clearance lawyer at every stage of the process—from completing your initial application to appealing a security clearance denial. The Edmunds Law Firm has decades of experience handling security clearance applications, responses to Statements of Reasons (SOR), and DOHA appeals.
The majority of security clearances in the United States are obtained via the Department of Defense (DoD).
Summary of the Initial Application
When you’re applying for a job that requires security clearance, the department you would be working for will initiate the security clearance process. For the applicant, the process begins with the SF-86 questionnaire. Many applicants find it helpful to work with an experienced security clearance lawyer to complete this in-depth form because a relatively small error could delay the process or result in denial. The process may also include fingerprinting, a background check, an interview, polygraph testing, interviews with people from your past and present life, and more.
- A decision to grant or deny security clearance will be based on several factors, including the applicant’s:
- Loyalty to the United States
- Past conduct
- Trustworthiness
- History of drug or alcohol abuse
- Criminal conduct
- Financial responsibility
Not every item that may raise red flags in a security clearance application is a dealbreaker. For example, a history of drug or alcohol abuse raises security concerns. But additional information about the length of time that’s passed and the steps the applicant has taken to overcome those issues can help overcome those concerns.
An experienced security clearance lawyer like Alan Edmunds can help you avoid simple mistakes and oversights that can derail your security clearance. If your clearance has already been denied, The Edmunds Law Firm can also assist you with the next steps.
Security Clearance Denials & DOHA
If an individual is seen as a potential national security risk, the request for security clearance will be denied. The applicant will receive a detailed list of the reasons for the denial, called the Statement of Reasons (SOR). If the individual wishes to appeal the denial, he or she can do so through the Defense Office of Hearings and Appeals (DOHA).
The DOHA is in charge of conducting industrial security clearance reviews for people who would like to appeal a security clearance denial. Once an individual receives a Statement of Reasons, he or she will be given 20 days to respond. The response should be detailed and address every point raised in the SOR, so it’s important to reach out to a DOHA clearance appeal attorney as soon as possible after you receive the SOR. An extension for response may be granted upon request. At this point, an individual may wish to request a hearing to appeal the decision through the Defense Offices of Hearings and Appeals (DOHA).
If you don’t request a hearing, your appeal will be decided by an administrative law judge (ALJ) based solely on your written responses to the SOR.
Our National Security Clearance Attorneys Can Help You Through the Complicated DOHA Process
If you would like to appeal a security clearance denial, you should consult with an experienced DOHA lawyer. Security clearance matters are complicated and take a certain knowledge and skill level. Trying to tackle the responses to the SOR on your own can be a serious mistake. Simple errors like failing to provide adequate detail in response to a point in the SOR could make the difference between approval and denial.
The Edmunds Law Firm has extensive experience with a complete range of security clearance matters, including denials and DOHA clearance appeals, and can help guide you through what can be a confusing and daunting process. We can help you at any stage of the process. That may include assisting you in providing thorough and effective responses to the SOR, helping you determine whether or not to request a hearing, preparing you for the DOHA clearance hearing and representing you at the hearing.
If you have already received the Statement of Reasons, contact The Edmunds Law Firm for guidance as soon as possible. Your time to respond is very limited and you could miss your opportunity to fight your security clearance denial.
Representation for the Hearing: Why You Need a DOHA Security Clearance Lawyer
After you request a hearing, you and your DOHA lawyer will have to provide documents and other information to the government, much in the same way as litigants in court exchange information in advance. This exchange of information helps ensure that both sides are fully prepared for the hearing. The hearing itself is similar to a federal district court trial before a judge. The applicant may testify during the hearing, and may also call witnesses.
After a DOHA security clearance hearing, a decision can take several months. Once a decision is reached, either side can appeal. A Notice of Appeal must be filed within 15 days. Then, the filing party has 45 days from the date of the judge’s decision (NOT from the date the Notice of Appeal was filed) to submit an appeal brief. The applicant cannot raise new issues or offer new evidence on appeal. Instead, the appeal brief should focus on what error or errors the applicant believes led to the judge reaching the wrong decision.
The non-filing party has 20 days after the appeal brief is filed to file a reply brief. However, they are not required to do so. The Appeals Board will make a determination based on the briefs filed and the written record of the hearing. The determination is provided to the applicant in writing, and there are no further appeals.
How Our DOHA Security Clearance Appeals Attorney Can Help Your Case
Hiring an attorney who has experience with security clearance appeals can be vital to the outcome of the case. The Edmunds Law Firm has the experience, knowledge, and resources to successfully handle security clearance matters nationwide. Our team knows what types of information are most effective in responding to an SOR, how to make the best use of a DOHA hearing, and what to do next if you lose your DOHA clearance appeal. But time is limited and it takes a significant time investment to draft an effective response to an SOR or to thoroughly prepare for a hearing.
Get Legal Help for Your DOHA Security Clearance Appeal
The Edmunds Law Firm has successfully represented military personnel, government employees, and defense contractors in DOHA security clearance cases. We know how to effectively respond to SORs, represent clients in hearings, and handle appeals.
Call (800) 481-2526 to schedule a consultation with a DOHA security clearance attorney today.