Absent other issues, I wouldn't see this as something that would keep you from final clearance, but it would make it harder to get interim and depending on other behavior could be used to establish a pattern. Any information in this communication is for discussion purposes only, and is not offered as legal advice. For example, recent drug use, illegal drug possession or drug dependence. Example: viewing unauthorized web sites. While the questions are personal they are basically just making sure you dont show signs of sexual behavior that is criminal in nature. If granted a TRO can issue the same day that it is filed and can be sent to the military member's command within 24-48 hours. It's a very good point of view. May 22, 2014. Security clearance qualifiers get established by the Department of Defense to make sure the service member is capable and trusting of not disclosing sensitive information. For example, felony arrests, multiple misdemeanor arrests or imprisonment for over one year. MJ use is 3 years ago, youthful experimentation, and should not be a factor as it is more than 12 months prior and your age. There is no right to rely on the information contained in this communication and no attorney-client relationship is formed. Great lesson on security clearances, Bill on how to maintain or lose them. If that offense was a felony or resulted in conviction, it must be listed on the SF-86 - no matter how old. The Rodriguez Law Group experts write that while a restraining order may be in a public record, an actual copy would need to be requested from a court clerk. Some of these people end up being denied clearance and others have it granted, depending on whether the situation seems to be resolved, and how bad their conduct was. Emotional, mental and personality disorders can cause a significant deficit in an individuals psychological, social and occupational functioning. Possibly record threatening or abusive conversations. Whether the restraining order will negatively impact the security clearance is a gray area that depends on factors such as: The background investigator will examine issues such as: Whether the restraining order impacts the security clearance result is fact specific and depends on the unique circumstances involved. My initial reaction was that the answer is almost definitely no, but the question managed to spark my curiosity about the idea of the filing of a restraining order impacting a persons security clearance. These situations could create the potential for foreign influence that could result in the compromise of classified information. Check the below sections for more detailed information about the different security clearance disqualifiers. Most importantly you dont want to demonstrate deceptive or illegal financial practices such as employee theft, check fraud, tax evasion, or embezzlement. The MOS you select determines what type (if any) military security clearance you need for the specialty. 2- The stupidity of some of the people making the decision of granting you a clearance. An individual must be of unquestioned allegiance to the United States. Top-secret status is described as having access to information that unauthorized disclosure could cause exceptionally grave damage to national security. Learn more about what can happen here. See Parts A, B and C below for information on disqualifying criminal offenses. More information. The recency may be a problem. It simply depends on whether the event is firmly in the past and how bad the conduct was. wait . The military needs proof that if you were put in a position to maintain secrecy in the past you didnt abuse that privilege. Anything where your name may pop up in a court check, I recommend listing. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Rob V. is the founder of OperationMilitaryKids.org. The government might ask more questions if: Basically any duties that might serve in the conflict of the interests of the U.S. government may disqualify you from security clearance. As direction from the Commission is still pending, more . Hey everyone, I had a question regarding how some issues in my past may effect my tier 3 security clearance. Before becoming a trademark attorney, he was known for owning ClintonKaine.com and hosting his comics there during the 2016 election, before selling the domain. Note the nuance: in criminal cases, only the restrained party need report the item, whereas in civil cases both parties must report it. A TPO in Georgia definitely may affect his career and security clearance, and you should be discussing this with your lawyer to determine a strategy that is best for you. A single serious crime (involving more than a year in prison) or multiple lesser offenses are potential security clearance disqualifiers. Any service (whether compensated, volunteer, or employed) with a foreign country, national, or interest is questioned. 1. This law allows you to obtain protection from domestic violence without having to file for a divorce or legal separation (although you can do so if you wish). The assigned security officer is tasked with taking a holistic approach to each applicant. This falls into several potential areas: criminal conduct, personal behavior, and if alcohol was involved alcohol abuse. Will domestic Ask an Expert Ask a Lawyer This answer was rated: Will a restraining order affect an federal employee (FAA)? What about: My 17 year old daughter seeks a restraining order against her ex-boyfriend. However, service members are subject to random reinvestigations at any time. So . All civil actions in the last 10 years (regardless of age) need to be reported. I notified the military of his actions, but I was fearful of what he would do if he found out so I filed for a protective order and for support. Period. So someone offers you the chance to get into the defense industry 'pending successful completion' of an interim security clearance. Some of these people ended up being denied clearance and others had it granted, depending on whether the situation seemed to be resolved, and how bad their conduct was. The agency decides whether to grant the security clearance. A potential client asked me if filing a restraining order against her former live-in partner might somehow affect her chances of renewing her Top Secret-level security clearance. I don't believe an e-qip is sent until a month or two into my position starting, as it's just an office job, but I'm still concerned. Unexplained affluence is often linked to proceeds from financially profitable criminal acts. Why Are Dead Presidents the Only Dead People with Trademark Protections. Report the RO where required (and ensure you list any ancillary charges or court actions appropriately) and be up front with the Investigator if you are interviewed then this should be a minor speed bump on the clearance trail if there are no surprises. Restraining orders that are entered in New Mexico can impact security clearances. A place to ask questions and share advice about the security clearance process. Valuing a Trademark: How Much Is A Trademark Worth? Handling protected information. The interviewee might also ask about alcohol or drug use, personal finances, or encounters with police. It absolutely might. Learn more about obtaining confidential, secret, or top-secret clearance as well as security clearance disqualifiers. However I wanted to know what impact if any this will have on me obtaining a security clearance. If your husband currently maintains a Top Secret/SCI clearance he may in fact loose it. . Section 28 of the Questionnaire for National Security Positions asks, In the last ten (10) years, have you been a party to any public record civil court action not listed elsewhere on this form? This question requires one to list any involvement with a civil restraining order. Yes and no. Background checks are meant to show criminal activity. Usually yes, but sometimes no. Section 28 of the Questionnaire for National Security Positions asks, "In the last ten (10) years, have you been a party to any public record civil court action not listed elsewhere on this form?" If youre reading this, its likely that your case falls in between the two extreme examples above, so Im doing more research on this so I can have more helpful data for you. I found that every year, there are a handful of cases where restraining orders are mentioned as a factor in the decision. I was at walmart and changed a price on 3 items one was on. My name is included on the order so that the young man isnt allowed to start driving past my house. . If you indeed notified his command, it is likely they are conducting an investigation into the matter, and your husband's CO will decide how to dispose of the allegationscourts-martial, AdSep, Chapter, GOMAR Post a free question on our public forum. You might not see how your financial history ties into serving the military yet the government considers a track record of not meeting financial obligations as irresponsible and untrustworthy. The concern for the federal agencies is whether or not the individual is under financial distress. Sometimes even the restraining order holder can appear to be an agitator. He has moderate Tourette syndrome. Assuming this is a civilian protective order, it should not affect his military career. Contacts with citizens of other countries or financial interests in other countries are also relevant to security determinations if they make an individual potentially vulnerable to coercion, exploitation, or pressure. If your misdemeanor occurred over seven years ago (10 years for a Top Secret clearance) you do not have to report it on the SF-86, the "Questionnaire for National Security Positions," that serves as a security clearance application. The first reason you need to know the difference is because of how these cases are reported on the SF-86 form. My first issue is a family court restraining order I had against an ex I only dated for three months but who stalked/harassed me for almost a year . Here are four ways your spouse or partner can affect your security clearance. Restraining orders are issued by a court and are intended to keep one person, the "restrained party," away from another, the "protected party," due to a threat of harassment or abuse posed by the restrained party. The Department of Defense uses the Defense Security Service (DSS) to conduct background checks for security clearance. Keep in mind that some security clearance disqualifiers are automatic while others can get justified and mitigated. How is it possible to have had the highest clearances in the land, to have served your country faithfully and yet be denied clearance on the renewal ? Financial considerations Almost half of all denials are due to financial issues. My husband recently abandoned our home because he was having an affair. 6. Search for lawyers by reviews and ratings. Information Technology Systems include all related equipment used for the communication, transmission, processing, manipulation, and storage of classified or sensitive information. Call (505) SANCHEZ to speak with the best restraining order attorney in Albuquerque, New Mexico. After it is determined you need some form of military clearance, like secret security clearance, the government has you fill out a Security Clearance Background Investigation Questionnaire. 2,075. The three levels of personnel clearance in the military are confidential, secret, and top-secret. But always best IMHO to be the one telling the BI person about it. 1. Psychological conditions. When the person is not a family member, generally just a restraining order is sufficient. Your email address will not be published. The day-to-day reality of restraining orders is far more distasteful. Service members applying for secret clearance (along with confidential clearance) must provide five years worth of information. 5. The temporary restraining order is generally issued without prior notice to the person to be restrained, and if issued, is based upon sworn testimony of the person claiming abuse and the need for protection. An incident report is a report submitted to the agency notifying it of a developed circumstance which could affect your continued eligibility to hold a security clearance. The State of New Jersey provides protection from domestic violence using restraining orders. These 12 will automatically disqualify you from obtaining a clearance, which can affect your job prospects. Breaching an MRO can result in fines up to $1000. Since then we have reconciled and sought counseling. An applicant who has had a protective order filed just six months before applying, tied to credible allegations of domestic violence, will likely be rejected. In addition to the disqualifying criminal offenses listed below, TSA may determine that an applicant is not eligible for the application program based on analyses of the following: a) Interpol and other international information, as appropriate. For example, a history of not meeting financial obligations or an inability or unwillingness to satisfy debts. REINVESTIGATION. A medical diagnosis of drug abuse or dependence is problematic for security clearance. Do I understand from this that I am supposed to report all civil actions? 8. Now that you have a solid foundation of the three different security levels (confidential, secret, and top-secret), lets study the specific security clearance disqualifiers in more detail. Example: service or employment country or foreign national. ranked the #16 law firm in the United States, Super Lawyers Rising Star in Intellectual Property for 2021, owning ClintonKaine.com and hosting his comics there, Defense Office of Hearings and Appeals (DOHA), Legal Mistakes Every Startup Company Should Avoid Making, Protecting Your Business 101: Lawsuits, Cybercrimes, and More. Keep in mind that while recreational marijuana is now legal in many states in the country, the U.S. military still considers it a controlled substance and therefore illegal. 3. Financial Considerations. Again, these are examples and may not result in the decline of an interim eligibility if there are factors that mitigate the concerns. You must sign a waiver granting the government the right to access any of your records, including medical records, juvenile records, expunged records, or sealed records. - It is about time we change the stupid- no common sense rules and unify the clearance process to include all government agencies adopting one standard. How to Come up with a Brand Name: A Lawyers Advice, Amazon Brand Registry Now Accepts Pending Trademark Applications, Our Law Firms Favorite Work-From-Home Gear, Recession Business Good, Sticky Business Better, Our March 2020 Weekly Revenue Numbers Show When Businesses Started Freaking out Around the World, Trademarking a Band or Musician Name: Goods/Services IDs. Additionally, a Single Scope Background Investigation (SSBI) is conducted for top-secret clearance applicants. If OP's wife lies/exaggerates(to a fucking federal clearance investigator), then OP's account of his story is going to look more positive on behalf of his clearance(if OP lies, that's also going to be used against him). Financial considerations. The agency uses the applicants information to conduct a background investigation. Rather, it is the conduct your conduct that is at issue, as is the company you keep. Are Negligence and Recklessness the Same Thing? Michael Tanner, SAPPC, SFPC, ISOC, PSC, LPQ. & yet, what Mr. Shayne adds behind "Door #2 is equally valid as it has been readily observed by ordinary people involved in this 'process'. So its best not to lie and stay truthful as you fill out the personnel security questionnaire. You dont need to be a boy scout but a pattern of dishonesty or rule violations is a red flag for the DOD. It offers civil legal protection from domestic violence to both women and men victims. The background check looks into your personal character, conduct, criminal record, financial history, and may involve contacting references. The key descriptor you are aiming for is reasonable.. Personal safety intervention orders may be known as restraining or apprehended violence orders in other states and territories. In either scenario you might be wondering, Do restraining orders impact security clearances and background checks?. Jeremy Peter Green Eche is a branding attorney and the founder of JPG Legal and Communer. Will this harm his military career or his security clearance? Press J to jump to the feed. For more information, please visit, Booz Allen Supports Digital Transformation for Taxpayers, SAIC Launches Tenjin - a New Data Science Platform, Marijuana Use and Your Security Clearance, www.bigleylaw.com/security-clearance-investigation-records, SF-86 and other Sensitive Data Exposed in U.S. Military Email Spill, The Pentagon is Now Addressing Use of Special Access Program Classification, 10 Defense Contractors Offering Sign-On Bonuses, The Ladder of Incompetence: 5 Reasons We Promote the Wrong People, Security Clearance Application Headed for an Upgrade, Spring Storms Brewing Over Social Media Cases in the Supreme Court, Recruitment Scams on the Rise Following Tech Layoffs, Boeing Wins $1.2 Billion Air Force Contract for the E-7A Rapid Prototype Program, U.S. I am happy to discuss possible representation with you. INVESTIGATIOIN. To ensure compliance with IRS Circular 230, any U.S. federal tax advice provided in this communication is not intended or written to be used, and it cannot be used by the recipient or any other taxpayer (i) for the purpose of avoiding tax penalties that may be imposed on the recipient or any other taxpayer, or (ii) in promoting, marketing or recommending to another party a partnership or other entity, investment plan, arrangement or other transaction addressed herein. He is a former investigator for the Defense Counterintelligence and Security Agency (then-U.S. Office of Personnel Management). My security clearance was still intact but I was kicked off anyway. What Mr. Golden shares behind what I'll call "Door #1" is surely 'valid' to the extent all involved adhere to fundamental principles, using discretion ONLY for exigent circumstances which play a material role on a particular point under consideration. Avvo Rating: 8.2 Military Law Attorney in Savannah, GA Reveal number Private message Posted on Apr 3, 2013 Yes, this may affect his security clearance. Yes, this could be an issue, but it may not be a deal breaker. Can a Restraining Order Affect Your Security Clearance? Do feel free to call me at 404-768-3509 if you wish to discuss actual representation (the phone call also does not retain counsel; that requires an office visit and appropriate paperwork). Restraining orders can be requested without . Related Article Military Hearing Requirements and Disqualifications. Being abusive in the court's eyes means you are a danger to your child and cannot provide a stable environment. Eche graduated from Northwestern University School of Law on a full scholarship. These disorders are of security concern because they may indicate a defect in judgment, reliability or stability. 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