Ask The Lawyer

By Debra Roth

Q & A Session – Security Clearance Denial

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Ask the Lawyer received the following question (paraphrased for easier reading and clarity) from a reader on a legal matter that might be of interest to the entire audience.

Q:

 I was granted an interim security clearance and started working 6 months ago. I still don’t have my final clearance yet. If my final clearance gets denied, am I able to get another federal position that doesn’t require a security clearance? 

A: 

There are many federal positions that do not require a security clearance. If your position requires a clearance, but you are denied one, you may appeal the denial or request placement in a position that does not require a clearance. However, the agency is not required to place you in a position which requires no clearance, and you could ultimately be terminated based on inability to maintain a clearance in a position that requires one. 

Bill Bransford is managing partner of Shaw Bransford & Roth PC.

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