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. The assigned security officer is tasked with taking a holistic approach to each applicant. Example: arrests for a sexual related crime. Trademark Renewal Timeline: How Often Do You Have To Renew? Eche is married to Stephanie Eche, an artist and creative consultant. Those applying for secret security clearance realize that unauthorized disclosure could cause serious damage to national security. 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. Security Clearance Attorney Sean M. Bigley represents clients worldwide in security clearance denials and revocations. Although completely innocent of all allegations. Any applicants with immediate family members or a person to whom the individual has close ties of affection or obligation AND is a resident or present in a foreign country might serve as a national security threat. Your personal record is scrutinized more than confidential clearance yet not as thoroughly as top-secret clearance. Obtaining any form of military security clearance demonstrates that the military trusts you with sensitive information even if you need extra clearance for classified information. It simply depends on whether the event is firmly in the past and how bad the conduct was. Learn more about what can happen here. 1. Here are four ways your spouse or partner can affect your security clearance. Answering your question does not create an attorney-client relationship. Answered in 21 minutes by: Ask Your Own Legal Question Ask Your Own Legal Question Ask Your Own Legal Question contract I wont belabor the details of these (yes, real) cases other than to simply say this: context matters. An active restraining order would be a serious (and in all probability blocking) issue, but the order being dismissed and the subsequent reconciliation will be a significant mitigation. The background check looks into your personal character, conduct, criminal record, financial history, and may involve contacting references. Financial problems that are related to gambling, alcoholism, or drug abuse also are security concerns. Please give Jad a call today at (571) 216-2639 to set up your initial consultation so that he can begin your defense immediately. A Department of Defense military security clearance investigation examines your character, conduct, criminal background, financial responsibility, and emotional stability. Check the below sections for more detailed information about the different security clearance disqualifiers. In some states, that could be considered a crime. Using a federally mandated rubric, government officials classify documents in one of those levels. An individual who is financially overextended is at risk of having to engage in illegal acts to generate funds. May 22, 2014. He is the attorney of record for over 3,000 U.S. trademark registrations. 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). I saw several denials of clearance and several approvals. In that situation, it depends on whether the event is firmly in the past and how bad the conduct was. You want the agent to know what is going on. Thanks You need to provide 10 years worth of history and information for top-secret levels compared to 5 years for confidential and secret status on the Security Clearance Background Investigation Questionnaire. But what about a situation where the restraining order is issued against the batterer and the victim violates it? My security clearance was still intact but I was kicked off anyway. If the court finds that the safety of you or your children will be endangered with unsupervised visitation, the judge should restrict . 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. Yes, this could be an issue, but it may not be a deal breaker. Handling protected information. When the person is not a family member, generally just a restraining order is sufficient. My name is included on the order so that the young man isnt allowed to start driving past my house. Any information in this communication is for discussion purposes only, and is not offered as legal advice. Call (505) SANCHEZ to speak with the best restraining order attorney in Albuquerque, New Mexico. In either scenario you might be wondering, Do restraining orders impact security clearances and background checks?. I have my freedom. You also cannot have association or sympathy for those that commit these types of crimes or organizations that advocate overthrowing the U.S. government. 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, Legal Mistakes Every Startup Company Should Avoid Making, Protecting Your Business 101: Lawsuits, Cybercrimes, and More. 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. Many issues at the Tier 2 or 3 would not even cause an interview if they are properly reported on the questionnaire (this is why the SF86 tries to get you to report so much information during the input). Would living abroad for portions of the year exclude someone from a Public Trust clearance. Employers who run criminal background checks don't usually see restraining orders unless criminal charges are filed. Misuse of Information Technology Systems, DEVGRU: 7 things you didnt know about SEAL Team 6, Security Clearance Background Investigation Questionnaire, 20 Health Conditions That May Disqualify You From Military, Single Scope Background Investigation (SSBI), military treats mental health very seriously, Military Hearing Requirements and Disqualifications, Army Commendation Medal (ARCOM): 8 Things To Know, Army Achievement Medal (AAM): 6 Things To Know, confidential security clearance disqualifers, top secret security clearance disqualifiers, 12 Military Drones Employed By The US Military, How to Switch From Reserves to Active Duty, Emotional, Mental, and Personality Disorders. The military treats mental health very seriously so making the military, in general, is an achievement, much less gaining security clearance. Outside activities. 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. There is no problem for exercising your civil rights and suing a person, or seeking protection. Are Negligence and Recklessness the Same Thing? 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). 9. There can be mitigating factors such as a particular behavior was not recent, or it was an isolated incident. 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. 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. If you were not currently married to him, previously married with him or living in a romantic relationship in the same domicileit likely does not addressed except under the civil court portion. For example, a history of not meeting financial obligations or an inability or unwillingness to satisfy debts. The following issues account for 96% of investigation requests . Outside activities also get analyzed by the Department of Defense. Valuing a Trademark: How Much Is A Trademark Worth? You are in possession of a foreign passport. Assuming this is a civilian protective order, it should not affect his military career. At its core, a restraining order prevents the restrained party from communicating, contacting, or coming within a specified distance of a person. I received my year long restraining order against him a month later in 2017. A restraining order will not necessarily show up unless they are hiring for a job that requires someone to carry a gun or have security clearance, then the restraining order may get in the way of employment. The recency may be a problem. Do I understand from this that I am supposed to report all civil actions? Perhaps even you already have a Public Trust or Secret security clearance and your next job requires you upgrade to some level of Top Secret. Living in Los Angeles, the term restraining order is often bandied about in the context of celebrities: Celebrity A Gets Restraining Order Against Stalker or Celebrity B Gets Restraining Order Against Aggressive Paparazzo. The tabloids are only too eager to breathlessly report about the latest court filing. Employment. In-Person Contact Out of State Michael Tanner, SAPPC, SFPC, ISOC, PSC, LPQ. There were zero cases where a person was in danger of being denied because they had filed a restraining order. This falls into several potential areas: criminal conduct, personal behavior, and if alcohol was involved alcohol abuse. The willingness to safeguard classified information is in doubt if there is any reason to suspect an individuals allegiance to the United States. Included with each guideline is an example of concerns that might prevent an adjudicator from issuing an interim eligibility. And the alcohol was neither, it was a school related incident where I went to the hospital because I drank for the first time and it triggered my IBS badly. The Department of Defense does study some habits of your sexual behavior. I never called the police because I was scared and financially dependent on him since I am in school and unable to work. There are certain mandatory regulations the police have to abide by when they are assessing security licence applications. My question is, will he be contacted as a part of this investigation? Misdemeanors. Your email address will not be published. Join 4,500+ subscribers who get free branding and growth advice from Jeremy Eche. Any violations of that restraining order would be viewed as independent instances of criminal conduct. However the order existed I followed it and did NOT violate it in any way. Dishonorable discharge from the military. Confidential security clearance disqualifiers include careful examinations of the following: A periodic reinvestigation (PR) into your character and record is required every 15 years for confidential security clearance. 2. Conduct involving questionable judgment, untrustworthiness, unreliability, lack of candor, dishonesty or unwillingness to comply with rules and regulations could indicate that the person may not properly safeguard classified information. 2,075. My number is 855.MIL.JUST. So the answer seems to be no, theres no direct way for filing a restraining order to harm your chances of being granted a federal security clearance. This decision largely involves information that is uncovered during the background check. Several Military Occupational Specialties (MOS), including Fire Control Technicians and Geospatial Intelligence Imagery Analysts, require you to have some form of security clearance. 4. Search for lawyers by reviews and ratings. Basically, the DOD wants to establish that you are honest and trustworthy based on previous behavior. Drug involvement is comparable to having a problem with alcohol. The DOD may also study those who you share living quarters with along with relatives or associates with connections to any foreign government. The U.S. government issues military clearance to select personnel at one of three levels. He formerly served as in-house General Counsel for Teamsters Local 922 in Washington, DC. Mike. 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