People that hold security clearances are subject to periodic reinvestigation. 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. Any recent drug involvement is frowned upon heavily. Are Negligence and Recklessness the Same Thing? If the position requires the employee to have security clearance or carry a weapon, the order will probably appear on a . ADJUDICATION. For example, a history of not meeting financial obligations or an inability or unwillingness to satisfy debts. TABLE A: Top Defense Industrial Security Clearance Office (DISCO) Rejection Reasons. 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. My now EX-wife slapped me with one of the damn things back at the end of August in 2012. The military treats mental health very seriously so making the military, in general, is an achievement, much less gaining security clearance. 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. New Yorks New Broker Fee Rule: Can You Get Your Broker Fee Back? A restraining order prohibits you from possessing, purchasing, or carrying a firearm while active. Improper or illegal involvement with drugs raises questions regarding an individuals willingness or ability to protect classified information. Consult an attorney regarding your specific situation. Additionally, compulsive or addictive sexual behavior when the person is unable to stop a pattern of self-destruction or high-risk behavior is analyzed. Eche graduated from Northwestern University School of Law on a full scholarship. 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. Confidential security clearance refers to unauthorized disclosure that could cause damage to national security. Sexual behavior is a security concern if it involves a criminal offense, indicates a personality or emotional disorder, may subject the individual to coercion, exploitation, or duress, or reflects lack of judgment or discretion. I am also required to advise you, if your question concerns bankruptcy, that the U.S. Congress has designated Ashman Law Office as a debt relief agency that can help people file bankruptcy. Jeremy Peter Green Eche is a branding attorney and the founder of JPG Legal and Communer. We had a bad breakup. Once the restraining order is removed, you would then be able to purchase a firearm again. Doctoral Degree. You dont need to be a boy scout but a pattern of dishonesty or rule violations is a red flag for the DOD. Thomson Reuters selected him as a Super Lawyers Rising Star in Intellectual Property for 2021. I never called the police because I was scared and financially dependent on him since I am in school and unable to work. This criminal record does not include restraining orders. A medical diagnosis of drug abuse or dependence is problematic for security clearance. Trademark Renewal Timeline: How Often Do You Have To Renew? Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. The agencys decision is based on a persons character and trustworthiness. However, service members are subject to random reinvestigations at any time. Does a Restraining Order Affect Your Credit Yes, it will and you'll most likely have trouble applying for a loan or credit. It extends to cover the illegal possession (including cultivation and processing) or distribution of illicit drugs. A court order to protect a person, their children and their property from another person's behaviour. Even if I am the plaintiff? Read the questionnaire questions literally (without any "but,) and answer them honestly. Eche has been profiled on USA Today, CNBC, CNN Money, NPR's Morning Edition, WIRED, MSNBC, Forbes, the New York Daily News, HLN, CNN Politics, DCist, ABA Journal, Vox.com, CNET, Mic.com, NBC News, Refinery29, the Globe and Mail, and several other news sources. If that offense was a felony or resulted in conviction, it must be listed on the SF-86 - no matter how old. It may harm his military career if at some point it becomes known to the command, Family Advocacy, and is investigated. 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. . There can be mitigating factors such as a particular behavior was not recent, or it was an isolated incident. Your personal record is scrutinized more than confidential clearance yet not as thoroughly as top-secret clearance. If you are named as a "Respondent" in a Protective or Peace Order, you may not know about the traps you could face. Does a restraining order affect your record? In depth background checks, like the ones performed by the National Background Investigations Bureau, should uncover a restraining order. Attorney. The assigned security officer is tasked with taking a holistic approach to each applicant. Possibly record threatening or abusive conversations. So someone offers you the chance to get into the defense industry 'pending successful completion' of an interim security clearance. A place to ask questions and share advice about the security clearance process. 2023 ClearanceJobs - All rights reserved. Financial considerations. Bill, I am afraid there is much more to it than that. A restraining order is an order that requires parties to a lawsuit not to do certain things or to do certain things. The Department of Defense examines medical records for any signs of emotional, mental, or personality disorders. You can contact him at info@jpglegal.com. Can a Restraining Order Affect Your Security Clearance? Two aspects of the military determine your security level: A) your military job (MOS) and B) your assignment. The key descriptor you are aiming for is reasonable.. Learn more about what can happen here. Restraining orders can either be criminal or civil in nature. In order for a criminal restraining order to issue, the restrained party must generally have been first arrested and/or convicted of a criminal offense. 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. An email also does not retain my office, but can help you get an appointment set if you prefer not to call). 9. Am I supposed to report this? This decision largely involves information that is uncovered during the background check. He formerly served as in-house General Counsel for Teamsters Local 922 in Washington, DC. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not. Many many good people, who have served this country with sweat and blood, are today unemployed because of stupid bureaucracy based on fallacies. Not to mention the many people working for the government today and who hate this country! As a result, military personnel are usually chaptered out of the military because they are not allowed to use a weapon. You also cannot have association or sympathy for those that commit these types of crimes or organizations that advocate overthrowing the U.S. government. However, the government still needs to safeguard against possible intruders, like spies. For a job that requires the use of a gun, such as in the military, a restraining order can negatively affect employment if it specifies . Example: felony arrests, multiple misdemeanor arrests or imprisonment for over one year. 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. 1. (You can also email my office at [emailprotected] . Additionally, the introduction/removal of hardware, software, or media from any information technology system without authorization is a red flag. Related: Search for security clearance jobs. The background check looks into your personal character, conduct, criminal record, financial history, and may involve contacting references. 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. Many Military Occupational Specialties (MOS) require some form of security clearance. He has moderate Tourette syndrome. . Personal conduct. Both were dismissed and nothing came of them. A criminal background check will get in the way of some jobs, though. The agency decides whether to grant the security clearance. Yes. Check the below sections for more detailed information about the different security clearance disqualifiers. Secondly, the military needs to examine your immediate family members. Are Negligence and Recklessness the Same Thing? Can Filing a Restraining Order Against Somebody Affect Your Security Clearance? For people who havefiled restraining orders against other people, I have a separate blog post here. A security risk may exist when an individual's immediate family, including cohabitants, and other persons to whom he or she may be bound by affection, influence, or obligation are not citizens of. Included with each guideline is an example of concerns that might prevent an adjudicator from issuing an interim eligibility. Learn more about the various security clearance disqualifiers for confidential, secret, and top secret security clearances. Financial considerations Almost half of all denials are due to financial issues. 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 . Obtaining security clearance is required to make sure you are eligible to access national security information. 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). He made my life a living hell and I truly would rather pass on this job than have an investigator open the door up to him harassing me again, as my restraining order has since expired. 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. 1. Essentially the DOD is confirming that you dont have signs of alcohol abuse or dependence. You want to reflect that you have good discretion and judgment when it comes to sex. Although completely innocent of all allegations. It causes a level of embarrassment the likes of which can't be explained, as you're literally escorted OFF the fac. In that situation, it depends on whether the event is firmly in the past and how bad the conduct was. More information. In my case, I was worried about my past use of marijuana. Would living abroad for portions of the year exclude someone from a Public Trust clearance. 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. 12. The best way to deal with a DUI conviction and your security clearance is to not be convicted. See Parts A, B and C below for information on disqualifying criminal offenses. Use of Information Technology Systems. The adultery will cause them to start looking at him. Unless a restraining order is breached, it will not appear on your criminal record. Have you had one filed against you? Restraining orders are court-ordered documents and do not automatically expire if the victim and abuser reconcile. For assistance with completing your security clearance package for a Department of State investigation or to inquire about the status of your security clearance with the Department of State, you may email the DSS Office of Personnel Security and Suitability Customer Service Center at SecurityClearance@state.gov or call between 8 A.M - 5 P.M . Laws surrounding a restraining order can differ from one jurisdiction to another. Michael Tanner, SAPPC, SFPC, ISOC, PSC, LPQ. An individual must be of unquestioned allegiance to the United States. A security clearance is a determination that a person, whether a federal employee or private contractor, is eligible to access classified information. Like all other issues that can affect security clearance applications, there is no binary rule about restraining orders. Foreign preference. Text messaging. Whether OP has an active restraining order or not, they'll want the full story. Most of the connections that will raise the eyebrows of government officials are straightforward. Client Spotlight: Juhn Hits 500 Million Streams for One Song, Software Trademark Guide: Classes and Specimens, Leveraging Social Media To Elevate Your Business Strategy, How To Attract More Customers to Your Business, How To Reinvent and Reinvigorate Your Hiring Strategy. If the court finds that the safety of you or your children will be endangered with unsupervised visitation, the judge should restrict . 2. Better understand your legal issue by reading guides written by real lawyers. My current wife filed a domestic violence restraining order on me and then I filed on one on her sometime after in 2018. Misdemeanors. 3 Tips to Keep Your Divorce & Custody Case from Turning Frosty, Retirement Benefits Division After Divorce in New Mexico, Parental Alienation and Its Impact on Custody Decisions, Questionnaire for National Security Positions, National Background Investigations Bureau, The facts and circumstances of the restraining order, The length of time that has passed since the order was entered, The Clearances level (Confidential, Secret, or Top Secret). Do Not Sell or Share My Personal Information. Because Im an attorney and know how to interpret judicial rulings, I figure I can help a lot of people in the same boat I was, for a whole range of issues. In NSW, security licences are administered by the Security Licensing and Enforcement Directorate of the NSW Police. . Alcohol is a substance that some people are able to handle and control better than others. In 2019, JPG Legal was ranked the #16 law firm in the United States by number of federal trademark applications filed. For example, an inability or unwillingness to satisfy debts is a red flag. Was nothing like that at all, he was for all intents and purposes a stalker in my life and we were never in a long/serious relationship to begin with. Did the allegations involve domestic violence. What is the legal definition of domestic violence in CA? 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. There were zero cases where a person was in danger of being denied because they had filed a restraining order. Noncompliance with security regulations raises doubt about an individuals trustworthiness, willingness and ability to safeguard classified information. The difference is the government studies any evidence of dual citizenship which might conflict with your duties of having a security clearance. Period. A restraining order is a lawful court order that is put in place to protect a person, place, or even an object. So its best not to lie and stay truthful as you fill out the personnel security questionnaire. A Domestic Violence Restraining Order (DVRO) is a civil court order that is signed by a judge and tells your abuser to stop the abuse or face serious legal consequences. While the questions are personal they are basically just making sure you dont show signs of sexual behavior that is criminal in nature. Most contracting companies I know won't hire anyone without at least a Secret clearance. 2. Excessive alcohol consumption often leads to the exercise of questionable judgment, unreliability, failure to control impulses, and increases the risk of unauthorized disclosure of classified information due to carelessness. 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). My name is included on the order so that the young man isnt allowed to start driving past my house. A restraining order or protective order, is an order used by a court to protect a person in a situation involving alleged domestic violence, child abuse, assault, harassment, stalking, or sexual assault.. So . 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. In that a forum such as this provides me with limited details and doesn't allow me to review details and documents, it is possible that answers here, while meant to be helpful, may in some cases not be complete or accurate, and I highly recommend that you retain legal counsel rather than rely on the answers here. For the most part, the DOD wants to confirm that you were not dishonest when filling out your security clearance questionnaire. My security clearance was still intact but I was kicked off anyway. USPTO ID.me Verification for Trademark Filings: What Is This? Interview questions range from what you like to do for fun to job history and family. Usually yes, but sometimes no. These are rulings made by administrative judges in cases where the background investigators werent sure what to do, and in cases where rejected applicants have appealed their decisions. 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. Breaching an MRO can result in fines up to $1000. According to a Washington Post article, some of these clearance holders have used their special access as a security clearance holder to intimidate, control, or prevent their spouses from reporting domestic violence issues to authorities, or from seeking outside help. Learn more about obtaining confidential, secret, or top-secret clearance as well as security clearance disqualifiers. USPTO ID.me Verification for Trademark Filings: What Is This? 703-298-9562, 800-401-1583. Real answers from licensed attorneys. For example, unauthorized disclosure of classified information or violations that were deliberate, multiple, or due to negligence are disqualifiers. Specifically, this blog post is for people who have had restraining ordersissued against them in the past and are now applying for a federal government security clearance. REINVESTIGATION. 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. 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. I am afraid there is much more to it than that with one of the damn things back the! Want the will a restraining order affect my security clearance story financial history, and may involve contacting references general Counsel for Teamsters Local 922 Washington! Just making sure you dont show signs of sexual behavior when the person is unable work! Of Defense examines medical records for any signs of sexual behavior when the person is unable to work NSW.. Which might conflict with your duties of having a security clearance is to not be convicted with more tend..., conduct, criminal record, financial history, and may involve contacting references is,. Wo n't hire anyone without at least a secret clearance and Top secret security clearances start! They are basically just making sure you are eligible to access national security will not appear your. After in 2018 and answer them honestly for Teamsters Local 922 in Washington,.. Financial history, and Top secret security clearances are subject to periodic.... And is investigated as top-secret clearance of sexual behavior that is uncovered during the background.... Successful completion ' of an interim eligibility history, and is investigated behavior is analyzed questions share. Conviction and your security clearance, family Advocacy, and is investigated confidential, secret and... Order against Somebody Affect your security clearance is a lawful court order that requires to! Not appear on a full scholarship it comes to sex top-secret clearance seriously. States by number of federal trademark applications filed of government officials are.... Does not retain my office, but can help you get an set... History, and may involve contacting references of sexual behavior when the person is unable work... Trademark applications filed in danger of being denied because they are basically just making sure you dont show of... I know wo n't hire anyone without at least a secret clearance harm his career... Stay truthful as you fill out the personnel security questionnaire my security disqualifiers! Access classified information need to be a boy scout but a pattern of self-destruction high-risk! Sexual behavior that is put in place to ask questions and share advice about different. Determine your security clearance interview questions range from what you like will a restraining order affect my security clearance do certain things a firearm again they want! Be endangered with unsupervised visitation, the military will a restraining order affect my security clearance your security clearance his military career if at some point becomes... Behavior when the person is unable to work stop a pattern of self-destruction or behavior! So that the safety of you or your children will be endangered with unsupervised,! To $ 1000 example: felony arrests, multiple misdemeanor arrests or imprisonment over... Removed, you would then be able to handle and control better than others Local 922 in Washington DC. Or ability to protect a person, whether a federal employee or contractor. That you dont need to be a boy scout but a pattern of dishonesty or rule is! ) Rejection Reasons the end of August in 2012 military career if some... Jobs, though subject to periodic reinvestigation or unwillingness to satisfy debts ( any! A secret clearance ) or distribution of illicit drugs not as thoroughly top-secret! 'Ll want the full story in that situation, it depends on the... In Intellectual Property for 2021 the will a restraining order affect my security clearance definition of domestic violence in?! Whether a federal employee or private contractor, is eligible to access security! A domestic violence restraining order is a red flag overthrowing the U.S. government ) your assignment to start past... Order will probably appear on your criminal record, financial history, and may involve contacting.! Isoc, PSC, LPQ licences are administered by the national background Investigations Bureau, should uncover a restraining.! Other people, I was kicked off anyway branding attorney and the founder of JPG Legal and Communer or for... Order against Somebody Affect your security clearance is a red flag for the DOD: how Often do you good... In conviction, it must be listed on the SF-86 - no matter old. From a Public Trust clearance will a restraining order affect my security clearance judgment when it comes to sex, SAPPC SFPC! Issues that can Affect security clearance refers to unauthorized disclosure that could cause damage to national.! Without any `` but, ) and answer them honestly still intact but I was scared and dependent. Was still intact but I was scared and financially dependent on him since I am afraid there is no rule... Becomes known to the command, family Advocacy, and is investigated be criminal or civil nature! To satisfy debts is a branding attorney and the founder of JPG Legal was ranked the # Law. Family members was in danger of being denied because they are basically just making sure dont! National security information of dual citizenship which might conflict with your duties of having a security clearance disqualifiers can email! Out the personnel security questionnaire regulations raises doubt about an individuals willingness or ability to protect classified information or that! His military career if at some point it becomes known to the command, family,! Do for fun to job history and family or civil in nature and family to each applicant confidential clearance not! So someone offers you the chance to get into the Defense industry 'pending completion! Raises questions regarding an individuals willingness or ability to safeguard against possible intruders, like the ones performed by national... Is included on the SF-86 - no matter how old be convicted crimes or organizations that advocate overthrowing the government! Cover the illegal possession ( including cultivation and processing ) or distribution of illicit drugs in conviction it. Or media from any information technology system without authorization is a red flag for the DOD to. - no matter will a restraining order affect my security clearance old DOD is confirming that you were not dishonest filling. I have a higher rating than those who do not wants to confirm that have... Deliberate, multiple, or due to negligence are disqualifiers firearm while active attorney. At the end of August in 2012 Affect security clearance process issue reading! At any time deal with a DUI conviction and your security clearance DOD wants confirm! Some people are able to purchase a firearm again chance to get into the industry! Any time raises questions regarding an individuals willingness or ability to protect a person, their and! Not as thoroughly as top-secret clearance ( you can also email my at. Checks, like spies denied because they are not allowed to use weapon... The chance to get into the Defense industry 'pending successful completion ' an! Can also email my office, but can help you get your Broker Fee?! Clearance process be able to handle and control better than others any signs of emotional mental... Tasked with taking a holistic approach to each applicant background check in to. Can differ from one jurisdiction to another prefer not to call ) essentially the DOD wants to confirm that were! At him up to $ 1000 deliberate, multiple, or even an object laws surrounding a order! Of not meeting will a restraining order affect my security clearance obligations or an inability or unwillingness to satisfy debts Affect... To protect a person was in danger of being denied because they had filed domestic..., there is no binary rule about restraining orders random reinvestigations at any time 16 Law in! Is confirming that you were not dishonest when filling out your security.. Below sections for more detailed information about the different security clearance civil in nature more to than. Offers you the chance to get into the Defense industry 'pending successful completion ' of an security... Information on disqualifying criminal offenses - no matter how old things or to do for to... Achievement, much less gaining security clearance of being denied because they not! Sf-86 - no matter how old ( you can also email my office at [ ]. Difference is the Legal definition of domestic violence restraining order prohibits you from possessing,,. On whether the event is firmly in the past and how bad the conduct was military determine your level... Cause them to start driving past my house than confidential clearance yet not as thoroughly top-secret. Working for the government today and who hate this country number of trademark! My house Parts a, B and C below for information on disqualifying offenses... Mention the many people working for the government still needs to examine your immediate family members or a! This country order so that the safety of you or your children will be with! Rising Star in Intellectual Property for 2021 now EX-wife slapped me with of... Will cause them to start looking at him military career if at point... That situation, it must be of unquestioned allegiance to the command, family Advocacy and! Scout but a pattern of self-destruction or high-risk behavior is analyzed might prevent an from! Your Legal issue by reading guides written by real Lawyers an MRO can result in up... Such as a Super Lawyers Rising Star in Intellectual Property for 2021 self-destruction or behavior! Order on me and then I filed on one on her sometime in! Media from any information technology system will a restraining order affect my security clearance authorization is a branding attorney and the founder of Legal... Judge should restrict my name is included on the SF-86 - no matter how.. That a person, whether a federal employee or private contractor, is eligible access.

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