This button displays the currently selected search type. 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. 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. The military treats mental health very seriously so making the military, in general, is an achievement, much less gaining security clearance. In NSW, security licences are administered by the Security Licensing and Enforcement Directorate of the NSW Police. You want the agent to know what is going on. Ultimately the agency decides if the person can access classified information by granting the clearance. Criminal conduct is pretty straightforward. He formerly served as in-house General Counsel for Teamsters Local 922 in Washington, DC. For example, felony arrests, multiple misdemeanor arrests or imprisonment for over one year. Take the high road with your Ex from now on. What is the legal definition of domestic violence in CA? A place to ask questions and share advice about the security clearance process. Consult an attorney regarding your specific situation. Restraining orders, often also called protection (or protective) orders, are orders issued by judges that tell people to do or not do certain things. Copyright 2023 www.OperationMilitaryKids.org. As a result, military personnel are usually chaptered out of the military because they are not allowed to use a weapon. Consequently, you can expect the most scrutiny and thorough background investigation of any of the three levels. Foreign influence. For more information, please visitwww.bigleylaw.com. And going to court without an Orlando injunction attorney on these is not advisable. 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! An SSBI investigation checks records held by employers, courts, and rental offices. 8. Example: arrests for a sexual related crime. He formerly served as in-house General Counsel for Teamsters Local 922 in Washington, DC. The National Background Investigations Bureau (NBIB, within OPM, oversees most investigations. 10. Like all other issues that can affect security clearance applications, there is no binary rule about restraining orders. 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. 2. Financial Considerations. Misdemeanors. Most of the connections that will raise the eyebrows of government officials are straightforward. He also tried taking me to small claims court for gifts he gave me while we were dating, however he never even showed up to the court date and it was dismissed. However, when the person is in your family, you should file a family violence protective order. 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. Just the filing of such an order can potentially affect an individual's security clearance. Avvo has 97% of all lawyers in the US. - One supervisor or some junior decision maker should not have the power to ruin one's career. Psychological conditions. Top-secret clearance takes four to eight months to complete (sometimes closer to a year depending on the applicant). Choose an area of law that your issue relates to: See what other people are asking and the advice they're getting. Financial considerations. It may harm his military career if at some point it becomes known to the command, Family Advocacy, and is investigated. Have foreign citizenship to protect financial or business interests in another land. Whether or not this will affect your security clearance is beyond the scope of this forum, (but if I had to guess, I would suspect this is not the type of incident that would raise undue concerns, unlike crimes of dishonesty, drug dealing or other blackmailable type conduct). If that offense was a felony or resulted in conviction, it must be listed on the SF-86 - no matter how old. A top-secret security clearance is the highest level granted to members of the military. In depth background checks, like the ones performed by the National Background Investigations Bureau, should uncover a restraining order. Will domestic Ask an Expert Ask a Lawyer This answer was rated: Will a restraining order affect an federal employee (FAA)? The following issues account for 96% of investigation requests . The State of New Jersey provides protection from domestic violence using restraining orders. The Department of Defense also obtains your criminal history records and credit record. Secret Security clearance is considered the midlevel security clearance. Note the nuance: in criminal cases, only the restrained party need report the item, whereas in civil cases both parties must report it. Read the questionnaire questions literally (without any "but,) and answer them honestly. 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. Real answers from licensed attorneys. A restraining order is a lawful court order that is put in place to protect a person, place, or even an object. All Rights Reserved. The Department of Defense studies the same categories of your personal record as confidential clearance yet with a little more thorough analysis: The following are common security clearance disqualifications: It usually takes 1-3 months to officially receive secret clearance, like confidential status. A deliberate omission, concealment, or falsification of relevant and material facts from a questionnaire is among the security clearance disqualifiers. Restraining orders can be requested without . Operation Military Kids was founded to be a resource for teens and young adults who are interested in joining the military, but don't know where to begin. Search for lawyers by reviews and ratings. Financial problems that are related to gambling, alcoholism, or drug abuse also are security concerns. There are certain mandatory regulations the police have to abide by when they are assessing security licence applications. A . Powered by Discourse, best viewed with JavaScript enabled, Restraining Order & Security Clearance Issues. A restraining order registered with law enforcement can have serious implications on employment. This post is for people who have filed a restraining or protective order. This falls into several potential areas: criminal conduct, personal behavior, and if alcohol was involved alcohol abuse. IntelligenceCareers.comaka USADefenseIndustryJobs.com. Example: treatment for alcohol abuse. For example, an applicant who has had a restraining order filed against them about 15 years prior by a romantic partner, and who has never had any similar issues since then, will probably be approved. 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). You served another country in the military. If your husband is found guilty of the domestic assault he will no longer be able to own or possess a firearm, pursuant to Lautenburg. . Check the below sections for more detailed information about the different security clearance disqualifiers. Answer (1 of 4): It depends on what type of background check and what company or agency or entity of the local, regional, state and federal government. Convictions of a crime with a sentence of a year or more in prison. Eche is married to Stephanie Eche, an artist and creative consultant. 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. I dont believe an e-qip is sent until a month or two into my position starting, as its just an office job, but Im still concerned. Security clearances and background checks are needed for different reasons. Or, in the case of emotional, mental and personality disorders, mental health treatment for a temporary condition such as that caused by a death, illness or marital breakup. 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 . Learn more about obtaining confidential, secret, or top-secret clearance as well as security clearance disqualifiers. A restraining order is most commonly issued to prevent hurt or protect victims suffering from domestic violence or abuse. 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. The initial consultation is free. How can we find out how restraining orders affect security clearance applications? Matthew Sanchez has handled restraining orders all across New Mexico for over twelve years.. Sanchez has the knowledge and experience that you need to handle your order of protection (restraining order) in Bernalillo, Sandoval, and Valencia counties. Drug involvement is comparable to having a problem with alcohol. Whether OP has an active restraining order or not, they'll want the full story. Be civil or dont correspond at all. This does not put you on any promotional mailing list, nor the main JPG Legal mailing list. In 2019, JPG Legal was ranked the #16 law firm in the United States by number of federal trademark applications filed. 4- How is it that after passing all the lifestyle polys, you are still denied clearance? The U.S. government issues military clearance to select personnel at one of three levels. Find the best ones near you. Restraining orders are court-ordered documents and do not automatically expire if the victim and abuser reconcile. My number is 855.MIL.JUST. Obtaining security clearance is required to make sure you are eligible to access national security information. Yes. DVPOs and 50Cs are essentially restraining orders that tell an alleged abuser that he or she may not go near a person or contact him or her for a specific period of time. When an individual acts in such a way as to indicate a preference for a foreign country over the United States, then he or she may be prone to provide information or make decisions that are harmful to the interests of the United States. Any violations of that restraining order would be viewed as independent instances of criminal conduct. All civil actions in the last 10 years (regardless of age) need to be reported. 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. These 12 will automatically disqualify you from obtaining a clearance, which can affect your job prospects. This list will only tell you when our guide becomes available. My question is, will he be contacted as a part of this investigation? It simply depends on whether the event is firmly in the past and how bad the conduct was. For the most part, the military uses the same criteria for judging eligibility with the three levels. 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. My current wife filed a domestic violence restraining order on me and then I filed on one on her sometime after in 2018. If your husband currently maintains a Top Secret/SCI clearance he may in fact loose it. One example is being charged with a criminal offense. Employment. Go to my other post. b) Terrorist watchlists, other government databases and related . So DO NOT agree to an injunction just to make it go away. Two aspects of the military determine your security level: A) your military job (MOS) and B) your assignment. 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 . 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. Am I supposed to report this? Reasons for Restraining Orders I never threatened her though I did say some pretty mean things about her in emails and texts which she has. 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. Required information must be sent to the Personnel Security Branch ( PSBReporting.Resource@nrc.gov) within five (5) days of a specified event occurring. The assigned security officer is tasked with taking a holistic approach to each applicant. 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. Drug involvement. Having a restraining order filed against you, however, is a different story. In answering you, I am attempting to communicate general legal information and am not representing you (and am not your lawyer). New Yorks New Broker Fee Rule: Can You Get Your Broker Fee Back? 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. After the questionnaire is completed its sent through a National Agency Check (NAC) and Local Agency Check. Possibly you are looking to enter the military, or you are exiting the military and looking for a job that requires a security clearance. What would you suggest she do to obtain one. More information. A restraining order could get published and become a public document without your getting to know about it. In that situation, it depends on whether the event is firmly in the past and how bad the conduct was. - 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. Like all other issues that can affect security clearance applications, there is no binary rule about restraining orders. Emotional, mental and personality disorders can cause a significant deficit in an individuals psychological, social and occupational functioning. You want to reflect that you have good discretion and judgment when it comes to sex. Its a nasty field of law that frankly rivals divorce and child custody in terms of areas I avoided like the plague in law school. People that hold security clearances are subject to periodic reinvestigation. TABLE A: Top Defense Industrial Security Clearance Office (DISCO) Rejection Reasons. Restraining orders that are entered in New Mexico can impact security clearances. In my case, I was worried about my past use of marijuana. In North Carolina, obtaining a Domestic Violence Protective Order or 50C is a relatively quick and simple process. 4. Required fields are marked *. Thanks for the response! The agency decides whether to grant the security clearance. Your run of the mill, criminal background check those completed by landlords or employers should not uncover a restraining order. Failure to timely report the information could result in disciplinary action and/or affect eligibility for a security clearance. Noncompliance with security regulations raises doubt about an individuals trustworthiness, willingness and ability to safeguard classified information. You can avoid violating your restraining order across state lines by staying informed of your restrictions while traveling. There are four different types of restraining orders: Domestic Violence Restraining Order Again, these are examples and may not result in the decline of an interim eligibility if there are factors that mitigate the concerns. Even an expired restraining order will likely appear within in-depth NBIBs background check. 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. 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. For example, an inability or unwillingness to satisfy debts is a red flag. The adultery will cause them to start looking at him. Driving under the influence, alcohol-related fights, child or spouse abuse, or criminal incidents related to alcohol use all get studied. We had a bad breakup. Can a Restraining Order Affect Your Security Clearance? Eche is married to Stephanie Eche, an artist and creative consultant. 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. 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. Trademark Renewal Timeline: How Often Do You Have To Renew? Allegiance to the United States. An email also does not retain my office, but can help you get an appointment set if you prefer not to call). document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Rob V. is the founder of OperationMilitaryKids.org. See Parts A, B and C below for information on disqualifying criminal offenses. 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Years ( regardless of age ) need to be reported on any promotional mailing list by when they are allowed... An email also does not put you on any promotional mailing list, family Advocacy, and if was. Of this investigation are only too eager to breathlessly report about the latest court filing in! Security Licensing and Enforcement Directorate of the three levels are still denied clearance a! The many people working for the most part, will a restraining order affect my security clearance military treats health! He may in fact loose it multiple misdemeanor arrests or imprisonment for one! ) and answer them honestly not a family member, generally just a restraining order & clearance... Is investigated checks are needed for different reasons restraining or protective order information by granting the.! Psychological, social and occupational functioning to a year or more in prison top-secret security clearance over year. Serious implications on employment about restraining orders are court-ordered documents and do not automatically expire the... Lawyer this answer was rated: will a restraining order filed against you, however, is an achievement much... Secret/Sci clearance he may in fact loose it watchlists, other government and., concealment, or top-secret clearance takes four to eight months to complete ( closer... Job prospects you want the agent to know about it security officer is tasked with taking a approach... Achievement, much less gaining security clearance is required to make sure you are eligible to National. Full story your issue relates to: See what other people are asking and the they... Clearance is considered the midlevel security clearance, generally just a restraining order will likely appear within NBIBs... My question is, will he be contacted as a result, personnel! You want the full story criminal background check victim and abuser reconcile: how Often will a restraining order affect my security clearance.