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. Yes, this may affect his security clearance. 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. 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! All of these cases were actually about the persons finances and outstanding debts, and the abusive relationships were always listed as a mitigating factor rather than a factor to count against the applicant. A deliberate omission, concealment, or falsification of relevant and material facts from a questionnaire is among the security clearance disqualifiers. Jeremy Peter Green Eche is a branding attorney and the founder of JPG Legal and Communer. They're going to red-flag this, because it's going to take a while for the adjudicators to complete the full legal analysis(of what happened between OP and wifey), since domestic issues are complicated. Failure to timely report the information could result in disciplinary action and/or affect eligibility for a security clearance. I had a R.O placed against me for a year. 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. You served another country in the military. 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. Period. General background checks done by employers or a landlord will not reveal your restraining order. Example: arrests for a sexual related crime. All civil actions in the last 10 years (regardless of age) need to be reported. More service members could be at risk of losing their security clearances because of changes in rules for the security clearance process . The assigned security officer is tasked with taking a holistic approach to each applicant. 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. Take someone fresh out of college, no military clearance or no clearance at all. But what about a situation where the restraining order is issued against the batterer and the victim violates it? The second reason why you need to understand the difference between criminal and civil orders is because of what a criminal restraining order represents. Your email address will not be published. A history or pattern of criminal activity creates doubt about a persons judgment, reliability and trustworthiness. A restraining order is most commonly issued to prevent hurt or protect victims suffering from domestic violence or abuse. The former is typically reserved for domestic violence and similar cases, while the latter is reserved for your garden variety (non-violent) family and neighbor quarrels. Financial Considerations. See Parts A, B and C below for information on disqualifying criminal offenses. Although completely innocent of all allegations. For example, an inability or unwillingness to satisfy debts is a red flag. Trademark Renewal Timeline: How Often Do You Have To Renew? A restraining order is a lawful court order that is put in place to protect a person, place, or even an object. 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. Many Military Occupational Specialties (MOS) require some form of security clearance. Thanks very much for that information, Bill! Find the best ones near you. Restraining orders in Florida typically prohibit any direct or indirect contact between parties as a way of keeping victims safe from harm. Involvement in certain types of outside employment or activities is of security concern if it poses a conflict with an individuals security responsibilities and could create an increased risk of unauthorized disclosure of classified information. 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 ? It absolutely might. 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. The difference is the government studies any evidence of dual citizenship which might conflict with your duties of having a security clearance. For any number of reasons, you may desire a security clearance, or you may be facing a background check. It extends to cover the illegal possession (including cultivation and processing) or distribution of illicit drugs. If a qualified mental health professional has made a diagnosis and that diagnosis may interfere with judgment, reliability, or stability the clearance status is at risk. 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. The two biggest factors in determining whether an Order of Protection could be visible on a background check are: (1)Whether the order was ultimately granted; and (2)What kind of background check is being performed. Having a restraining order filed against you, however, is a different story. People that hold security clearances are subject to periodic reinvestigation. Because I was underage drinking, I received a verbal warning but my school informed me that there is no record of this incident on my disciplinary record. Ultimately the agency decides if the person can access classified information by granting the clearance. 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. Reasons for Restraining Orders Rather, it is the conduct your conduct that is at issue, as is the company you keep. I do security clearance cases. Will a restraining order affect an federal employee (FAA)? Mike. However I wanted to know what impact if any this will have on me obtaining a security clearance. A Department of Defense military security clearance investigation examines your character, conduct, criminal background, financial responsibility, and emotional stability. Misdemeanors. Are Negligence and Recklessness the Same Thing? 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. Restraining orders, often also called protection (or protective) orders, are orders issued by judges that tell people to do or not do certain things. 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. A single serious crime (involving more than a year in prison) or multiple lesser offenses are potential security clearance disqualifiers. 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). Additionally, the introduction/removal of hardware, software, or media from any information technology system without authorization is a red flag. The DOD may also study those who you share living quarters with along with relatives or associates with connections to any foreign government. When getting a firearm, a restraining order will appear on that background check. 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. Yes. In 2019, JPG Legal was ranked the #16 law firm in the United States by number of federal trademark applications filed. Related Article DEVGRU: 7 things you didnt know about SEAL Team 6. Trademark Renewal Timeline: How Often Do You Have To Renew? Federal background investigations expand when unreported information is discovered during the investigation. (You can also email my office at [emailprotected] . There is a documented history of abuse The abuser violated a restraining order to commit the abuse The abuser used a weapon A child witnessed the incident Most domestic violence cases can be either misdemeanors or felonies, depending on the case. . Jeremy Peter Green Eche is a branding attorney and the founder of JPG Legal and Communer. Drug abuse or dependence may impair social or occupational functioning, increasing the risk of an unauthorized disclosure of classified information. Speak to the past restraining order with the BI and include a paragraph in reference to him if he was a past cohabitant. There are certain mandatory regulations the police have to abide by when they are assessing security licence applications. During this step, the agency determines if an employee or contractor requires access to classified information to complete his or her duties. We often see cases where another individual has been issued a Temporary Protective Order (TPO) related to alleged domestic violence. Attorney Joseph D. Lento and the Lento Law Firm will effectively represent you in a restraining order hearing and defend any related criminal charges. Eche is married to Stephanie Eche, an artist and creative consultant. Both were dismissed and nothing came of them. 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. Do Restraining Orders Impact Security Clearances in Albuquerque, NM? He is the attorney of record for over 3,000 U.S. trademark registrations. Emotional, Mental and Personality Disorders. It may harm his military career if at some point it becomes known to the command, Family Advocacy, and is investigated. 1. Philip Douglas Caves Avvo Top Contributor Badges, Uncontested Divorce Attorney in East Point, GA, This lawyer was disciplined by a state licensing authority in. Background checks are meant to show criminal activity. While the questions are personal they are basically just making sure you dont show signs of sexual behavior that is criminal in nature. However, service members are subject to random reinvestigations at any time. 7. Any service (whether compensated, volunteer, or employed) with a foreign country, national, or interest is questioned. A foreign preference is comparable to foreign influence. For example, unauthorized disclosure of classified information or violations that were deliberate, multiple, or due to negligence are disqualifiers. The military treats mental health very seriously so making the military, in general, is an achievement, much less gaining security clearance. Phone calls. However, everyone makes mistakes which means if you can prove youve learned from your past and your current track record is much stronger you could receive a waiver. I received my year long restraining order against him a month later in 2017. Example: viewing unauthorized web sites. I was at walmart and changed a price on 3 items one was on clearence for $ 15.00 changed to $ 5.00 the others were clearenced at $3.00 and read more. There were several cases involving applicants who had been the victims of abusive partners; about 15 (remember, this is from the last ten years). An email also does not retain my office, but can help you get an appointment set if you prefer not to call). 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. Financial problems that are related to gambling, alcoholism, or drug abuse also are security concerns. Click here for more information on the order of protection process. And going to court without an Orlando injunction attorney on these is not advisable. Sometimes even the restraining order holder can appear to be an agitator. I have been accepted to medical school already, but now an ex of mine is threatening to take out a restraining order on me. Interview questions range from what you like to do for fun to job history and family. Top-secret status is described as having access to information that unauthorized disclosure could cause exceptionally grave damage to national security. Even an expired restraining order will likely appear within in-depth NBIBs background check. Noncompliance with rules, procedures, guidelines or regulations pertaining to information technology systems may raise security concerns about an individuals trustworthiness, willingness, and ability to properly protect classified systems, networks, and 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). 5. Thanks I have my guns back, I have my daughter. So its best not to lie and stay truthful as you fill out the personnel security questionnaire. Updated: Nov 30th, 2018 While there are no guarantees, in most instances, bankruptcy won't prevent you from getting or keeping a security clearance. Glad to know Ill have the opportunity to explain rather than be removed completely. 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. Improper or illegal involvement with drugs raises questions regarding an individuals willingness or ability to protect classified information. . Its best to tell the truth with your Security Clearance Background Investigation Questionnaire. #2. REINVESTIGATION. For people who havefiled restraining orders against other people, I have a separate blog post here. 3. Can Flavor Flav Sue The Sanders Campaign For Promoting a Public Enemy Performance? 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. In either scenario you might be wondering, Do restraining orders impact security clearances and background checks?. It offers civil legal protection from domestic violence to both women and men victims. Keep in mind that the requirements for receiving confidential security clearance are similar to secret or top-secret clearance. The MOS you select determines what type (if any) military security clearance you need for the specialty. 3. New Yorks New Broker Fee Rule: Can You Get Your Broker Fee Back? 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. - 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. These could range from high levels of debt, unpaid taxes, or even moving without informing a creditor of your new address. They can be used in non-criminal situations, such as telling property owners to stop activities that constitute a public nuisance and directing parties in a civil lawsuit to leave each other alone. 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. 12. 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. ASVAB Scores For Air Force Jobs: All 130+ For 2022, How To Choose The Right Military Branch For You, Military Dental Requirements and Disqualifications, Confidential Security Clearance Disqualifiers, Top Secret Security Clearance Disqualifiers, Military Security Clearance Disqualifiers, 9. My restraining order states that proof was shown warranting the order so I know an investigator contacting him is unlikely, but I would like reassurance. 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. Check the below sections for more detailed information about the different security clearance disqualifiers. Take the high road with your Ex from now on. - One supervisor or some junior decision maker should not have the power to ruin one's career. Restraining orders that are entered in New Mexico can impact security clearances. 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. b) Terrorist watchlists, other government databases and related . I combed through all of these decisions from the past five years to learn how restraining/protective orders are handled. The interviewee might also ask about alcohol or drug use, personal finances, or encounters with police. Will this harm his military career or his security clearance? But what of that nefarious component of "Door #3, which has manifested in the WAIVING of this entire process for at least two FOREIGN actors, who were ALIEN ENEMIES to the United States, in the form of the "Awan Brothers' -- who 'enjoyed' not only benefit of ZERO scrutiny, but also being provided UNLIMITED ACCESS to the entirety of our so-called 'Congress' -- & GOD ONLY KNOWS what else. Periodic reinvestigations (PR) are required every 10 years for the secret level. Final Answer: It Depends. In theory, confidential security clearance is not as high up on the pecking order as secret or top-secret clearance yet that is not to suggest the security clearance lacks clout. Disciplinary information may not be comprehensive, or updated. The following issues account for 96% of investigation requests . 9. Unfortunately, it is also a reality that some security clearance holders are forced to confront. Its obvious that if you serve the United States and access sensitive information that you should have an allegiance to the country. 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. Am I supposed to report this? If you have been a victim of physical abuse or threatened abuse, you may be able to get a restraining order under the Oregon Family Abuse Prevention Act. I wont belabor the details of these (yes, real) cases other than to simply say this: context matters. 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. For example, felony arrests, multiple misdemeanor arrests or imprisonment for over one year. They are all for male applicants who have had restraining orders filed against them. As I alluded to earlier, the mere fact that you have or hold a restraining order is not necessarily dispositive of a security-related issue. Hey everyone, I had a question regarding how some issues in my past may effect my tier 3 security clearance. You want to reflect that you have good discretion and judgment when it comes to sex. 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. 10. 5. Eche graduated from Northwestern University School of Law on a full scholarship. In the event an individual is facing foreclosure, repossession of a automobile, collection notices or lawsuits . A restraining order prohibits you from possessing, purchasing, or carrying a firearm while active. Join 4,500+ subscribers who get free branding and growth advice from Jeremy Eche. I am happy to discuss possible representation with you. Powered by Discourse, best viewed with JavaScript enabled, Restraining Order & Security Clearance Issues. If that is the case a Sensitive Compartmented Information (SCI) or Special Access Programs (SAP) is required for clearance. However, after a temporary restraining order is issued, a permanent restraining order hearing follows. 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