Its obvious that if you serve the United States and access sensitive information that you should have an allegiance to the country. My number is 855.MIL.JUST. As a result, military personnel are usually chaptered out of the military because they are not allowed to use a weapon. 703-298-9562, 800-401-1583. There were several cases involving applicants who had been the victims of abusive partners; about 15 (remember, this is from the last ten years). 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. 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. Outside activities. Will a restraining order affect an federal employee (FAA)? 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. If that is the case a Sensitive Compartmented Information (SCI) or Special Access Programs (SAP) is required for clearance. If you find this answer helpful, please mark it here on AVVO as helpful. You are in possession of a foreign passport. Alcohol consumption. Go to my other post. Adapted from DSS Guidlines, below are some of the things that will be considered in you getting your Top Secret security clearance. Will domestic Ask an Expert Ask a Lawyer This answer was rated: Will a restraining order affect an federal employee (FAA)? Using a federally mandated rubric, government officials classify documents in one of those levels. Powered by Discourse, best viewed with JavaScript enabled, Restraining Order & Security Clearance Issues. Or what about a case where the restrained party is a spouse accused of attacking the other spouse after discovering infidelity? However the order existed I followed it and did NOT violate it in any way. There are four different types of restraining orders: Domestic Violence Restraining Order Every case like this ended up with the applicant having their security clearance granted, except for one, where the applicant had left an abusive relationship more than five years earlier, but had shown no sign of being able to pay off her debts and get her finances in order. Foreign influence. Am I supposed to report this? Does a Restraining Order Affect Your Credit Yes, it will and you'll most likely have trouble applying for a loan or credit. 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. Lastly, even those with top-secret clearance sometimes need to apply for more clearance to access classified 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). Search for lawyers by reviews and ratings. Marshals Service Hit by Latest Security Breach, Compromising Sensitive Information, PSAB: Labor Foreman/ Escort (Secret Clearance), PSAB: Food Services Lead (Secret Clearance). Reasons for Restraining Orders Even if I am the plaintiff? The best way to deal with a DUI conviction and your security clearance is to not be convicted. Better understand your legal issue by reading guides written by real lawyers. You want the agent to know what is going on. The military needs proof that if you were put in a position to maintain secrecy in the past you didnt abuse that privilege. In my case, I was worried about my past use of marijuana. One example is being charged with a criminal offense. Mental incompetence determined by a mental health professional. You should contact the police by calling 000 if you are in immediate danger or if you feel unsafe. 2023 ClearanceJobs - All rights reserved. In that situation, it depends on whether the event is firmly in the past and how bad the conduct was. An order must be made against a known and named person such as: A specific abusive individual you have had a relationship with A particular family member causing duress Many organizations look at filing for bankruptcy as a responsible way to address other troubling financial issues, so it might make it easier for you to qualify. I saw several denials of clearance and several approvals. 2,075. My concern; Will this order cause me to loose my chances at a secret clearance? 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. House of Cards If you have a security clearance and you let your spouse manage all of your. Usually yes, but sometimes no. Restraining orders that are entered in New Mexico can impact security clearances. For example, unauthorized disclosure of classified information or violations that were deliberate, multiple, or due to negligence are disqualifiers. Top-secret clearance takes four to eight months to complete (sometimes closer to a year depending on the applicant). Think angry ex-spouses, feuding neighbors, and, in many cases, domestic violence victims. I had a R.O placed against me for a year. An individual must be of unquestioned allegiance to the United States. There are certain mandatory regulations the police have to abide by when they are assessing security licence applications. Restraining orders that are entered in New Mexico can impact security clearances. Periodic reinvestigations (PR) are required every 10 years for the secret level. 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. However, it will be recorded both by the police and in court records, if you fall foul of the law in the future, a past restraining order can be used as evidence against you in court. They could also possibly delay his clearance even longer to see if OP has fully mitigated it and doesn't have any reoccurring domestic/restraining issues. Financial problems that are related to gambling, alcoholism, or drug abuse also are security concerns. Michael Tanner, SAPPC, SFPC, ISOC, PSC, LPQ. 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. If that offense was a felony or resulted in conviction, it must be listed on the SF-86 no matter how old. For example, an inability or unwillingness to satisfy debts is a red flag. 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. 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. Text messaging. This blog post is about restraining orders, also known in some states asorders of protection orprotective orders. Glad to know Ill have the opportunity to explain rather than be removed completely. In addition, I have light experimental marijuana usage (3 - 4 times) from three years ago (Im 21 now) and an undocumented alcohol related incident from nearly four years ago, both in college. 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. A restraining order is most commonly issued to prevent hurt or protect victims suffering from domestic violence or abuse. 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. As somebody who has held a Top Secret security clearance before, and who was worried about my own record when I got my background check five years ago, I became very familiar with the U.S. governments security clearance adjudication system. An individual who is financially overextended is at risk of having to engage in illegal acts to generate funds. Personal conduct. The interviewee might also ask about alcohol or drug use, personal finances, or encounters with police. Please give Jad a call today at (571) 216-2639 to set up your initial consultation so that he can begin your defense immediately. Sexual orientation or preference may not be used as a basis for or a disqualifying factor in determining a persons eligibility for a security clearance. Learn more about the various security clearance disqualifiers for confidential, secret, and top secret security clearances. REINVESTIGATION. When the person is not a family member, generally just a restraining order is sufficient. 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). . In that situation, it depends on whether the event is firmly in the past and how bad the conduct was. Interview questions range from what you like to do for fun to job history and family. In answering you, I am attempting to communicate general legal information and am not representing you (and am not your lawyer). Learn more about obtaining confidential, secret, or top-secret clearance as well as security clearance disqualifiers. Thomson Reuters selected him as a Super Lawyers Rising Star in Intellectual Property for 2021. Answered in 21 minutes by: Ask Your Own Legal Question Ask Your Own Legal Question Ask Your Own Legal Question contract Security classified resources include Protected, Secret and Top Secret information, systems that hold classified information, and classified assets. Federal background investigations expand when unreported information is discovered during the investigation. Those applying for secret security clearance realize that unauthorized disclosure could cause serious damage to national security. Eche is married to Stephanie Eche, an artist and creative consultant. Breaching an MRO can result in fines up to $1000. 2- The stupidity of some of the people making the decision of granting you a clearance. Possibly record threatening or abusive conversations. Tom Smith said: Hi all. There is no right to rely on the information contained in this communication and no attorney-client relationship is formed. I do security clearance cases. 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. The willingness to safeguard classified information is in doubt if there is any reason to suspect an individuals allegiance to the United States. - One supervisor or some junior decision maker should not have the power to ruin one's career. Example: viewing unauthorized web sites. Like all other issues that can affect security clearance applications, there is no binary rule about restraining orders. 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! 3. Consequently, you can expect the most scrutiny and thorough background investigation of any of the three levels. So its best not to lie and stay truthful as you fill out the personnel security questionnaire. More information. I was at walmart and changed a price on 3 items one was on. Restraining orders are court-ordered documents and do not automatically expire if the victim and abuser reconcile. . Valuing a Trademark: How Much Is A Trademark Worth? 4- How is it that after passing all the lifestyle polys, you are still denied clearance? 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