You dont need to be a boy scout but a pattern of dishonesty or rule violations is a red flag for the DOD. If you initiated the civil action Ed, I would say yes. 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?" 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. 2. There can be mitigating factors such as a particular behavior was not recent, or it was an isolated incident. If that offense was a felony or resulted in conviction, it must be listed on the SF-86 no matter how old. In 2019, JPG Legal was ranked the #16 law firm in the United States by number of federal trademark applications filed. These situations could create the potential for foreign influence that could result in the compromise of classified information. Can Flavor Flav Sue The Sanders Campaign For Promoting a Public Enemy Performance? A Department of Defense military security clearance investigation examines your character, conduct, criminal background, financial responsibility, and emotional stability. 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. 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. Its best to tell the truth with your Security Clearance Background Investigation Questionnaire. Financial problems that are related to gambling, alcoholism, or drug abuse also are security concerns. Alcohol consumption. 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 looked through the last ten years of DOD security clearance adjudication decisions decisions that are made in cases ambiguous enough that they have to be decided by an administrative judge and here is what I found:There were a handful of cases where restraining orders were mentioned as a factor in the decision, but they were all for male applicants who had had restraining orders filed against them. Not all of the above examples will result in the decline of an interim eligibility. 5. I had a R.O placed against me for a year. 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. 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. I never called the police because I was scared and financially dependent on him since I am in school and unable to work. 12. The company I worked for had to let me go . You can contact him at info@jpglegal.com. More information. 8. Keep a timeline of incidents involving violence, threats of violence, stalking, and harassment related to your case. The order expired when my ex and I resolved the issue in court and reached an agreement for out daughter. 5. Jeremy Peter Green Eche is a branding attorney and the founder of JPG Legal and Communer. For any number of reasons, you may desire a security clearance, or you may be facing a background check. I have been accepted to medical school already, but now an ex of mine is threatening to take out a restraining order on me. The Department of Defense examines medical records for any signs of emotional, mental, or personality disorders. 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. Am I supposed to report this? Usually yes, but sometimes no. 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. Additionally, a Single Scope Background Investigation (SSBI) is conducted for top-secret clearance applicants. Phone calls. Required information must be sent to the Personnel Security Branch ( PSBReporting.Resource@nrc.gov) within five (5) days of a specified event occurring. You served another country in the military. 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. Dishonorable discharge from the military. But what about a situation where the restraining order is issued against the batterer and the victim violates it? 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. I have my guns back, I have my daughter. Injunctions can affect your ability to get a secret or top-secret security clearance for federal government jobs. New Yorks New Broker Fee Rule: Can You Get Your Broker Fee Back? Alcohol-related incidents at work, such as reporting to the place of employment intoxicated or impaired, reflect poorly on a record. To ensure compliance with IRS Circular 230, any U.S. federal tax advice provided in this communication is not intended or written to be used, and it cannot be used by the recipient or any other taxpayer (i) for the purpose of avoiding tax penalties that may be imposed on the recipient or any other taxpayer, or (ii) in promoting, marketing or recommending to another party a partnership or other entity, investment plan, arrangement or other transaction addressed herein. An individual must be of unquestioned allegiance to the United States. So if you ever find yourself on either end of a restraining order, think of how your actions will look to an objective third party potentially years down the road. Think angry ex-spouses, feuding neighbors, and, in many cases, domestic violence victims. . 4. Obtaining security clearance is required to make sure you are eligible to access national security information. If, for example, you are a battered woman who obtained a criminal restraining order against your abusive ex-husband, it is almost impossible to conceive of any way in which this could become a security concern. 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. A criminal background check will get in the way of some jobs, though. Period. It also depends whether you have a criminal or civil restraining order. Reasons for Restraining Orders On the other hand, if I find the case in the local courts during a routine court check - my only option for the DEVELOPED issue would be to find the other party. The Rodriguez Law Group experts write that while a restraining order may be in a public record, an actual copy would need to be requested from a court clerk. 1. 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. Or what about a case where the restrained party is a spouse accused of attacking the other spouse after discovering infidelity? Today, one can do so with the military but not with the Intel agencies. May 22, 2014. Attorney Sean M. Bigley represents clients worldwide in security clearance denials, revocations, and the security clearance application process. For our purposes today, we are going to discuss civil restraining orders (aka order of protection). For the most part, the military uses the same criteria for judging eligibility with the three levels. If granted a TRO can issue the same day that it is filed and can be sent to the military member's command within 24-48 hours. Save emails and texts that . Call (505) SANCHEZ to speak with the best restraining order attorney in Albuquerque, New Mexico. 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. Your email address will not be published. These could range from high levels of debt, unpaid taxes, or even moving without informing a creditor of your new address. Financial Considerations. Phone *. If you are a restrained party under a criminal restraining order, the existence of the order must be disclosed under Section 22.3 (Is there currently a domestic violence protective order or restraining order issued against you?). Answer (1 of 6): Having been a victim of one of these things, the answer is a resounding YES! How can we find out how restraining orders affect security clearance applications? 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. Example: felony arrests, multiple misdemeanor arrests or imprisonment for over one year. 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. 6. 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 . Whether you hold the restraining order or you are the restrained party, here are some basics you should know about the impact on your security clearance: In most states, restraining orders come in both the criminal and civil varieties. Just because you have been arrested and charged with DUI does not mean you will lose or fail to obtain your clearance. Most of the connections that will raise the eyebrows of government officials are straightforward. Hey everyone, I had a question regarding how some issues in my past may effect my tier 3 security clearance. Your email address will not be published. There is no problem for exercising your civil rights and suing a person, or seeking protection. This decision largely involves information that is uncovered during the background check. Does a restraining order affect your record? Unexplained affluence is often linked to proceeds from financially profitable criminal acts. 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. After the questionnaire is completed its sent through a National Agency Check (NAC) and Local Agency Check. 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). 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. A restraining order is a lawful court order that is put in place to protect a person, place, or even an object. Join 4,500+ subscribers who get free branding and growth advice from Jeremy Eche. If the victim and abuser come into contact while the order is in place even if the contact is made willingly from both parties, such as attending therapy together the defendant can still face criminal charges. For the most part, the DOD wants to confirm that you were not dishonest when filling out your security clearance questionnaire. It offers civil legal protection from domestic violence to both women and men victims. A security clearance investigation examines your personal conduct for a reason. Related Article DEVGRU: 7 things you didnt know about SEAL Team 6. 13. These quick background checks usually involve checking NMcourts.com for ones criminal record. Below are real-world examples of how restraining orders can affect your traveling rights: Back to Top. Troops beware: New security clearance rules could bite you. He is a former investigator for the U.S. Office of Personnel Management. Breaching an MRO can result in fines up to $1000. 4- How is it that after passing all the lifestyle polys, you are still denied clearance? 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). A . 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. A medical diagnosis of drug abuse or dependence is problematic for security clearance. The judge is supposed to keep in mind the safety of you and your children when deciding visitation. Mike. Marshals Service Hit by Latest Security Breach, Compromising Sensitive Information, PSAB: Labor Foreman/ Escort (Secret Clearance), PSAB: Food Services Lead (Secret Clearance). New Yorks New Broker Fee Rule: Can You Get Your Broker Fee Back? I just hate talking about it because it brings back bad memories of stalking and harassment obviously. Just the filing of such an order can potentially affect an individual's security clearance. A restraining order could get published and become a public document without your getting to know about it. While the questions are personal they are basically just making sure you dont show signs of sexual behavior that is criminal in nature. Learn more about obtaining confidential, secret, or top-secret clearance as well as security clearance disqualifiers. The only difference is that top-secret applicants receive more analysis and scrutiny compared to confidential security applicants. The same is true of having associations with persons involved in criminal activity. These 12 will automatically disqualify you from obtaining a clearance, which can affect your job prospects. But, if this is a military protective order, and the command is actively investigating the physical and mental abuse then his career is absolutely in jeopardy. 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). 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. Being abusive in the court's eyes means you are a danger to your child and cannot provide a stable environment. Great lesson on security clearances, Bill on how to maintain or lose them. Valuing a Trademark: How Much Is A Trademark Worth? 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. 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. The day-to-day reality of restraining orders is far more distasteful. If indeed, you fail the test and are considered a spy, then you should be tried and sent to prison. Many Military Occupational Specialties (MOS) require some form of security clearance. Learn more about what can happen here. Start with your legal issue to find the right lawyer for you. He is the attorney of record for over 3,000 U.S. trademark registrations. 2- The stupidity of some of the people making the decision of granting you a clearance. Take the high road with your Ex from now on. It absolutely might. Speak to the past restraining order with the BI and include a paragraph in reference to him if he was a past cohabitant. It extends to cover the illegal possession (including cultivation and processing) or distribution of illicit drugs. Since then we have reconciled and sought counseling. Whether OP has an active restraining order or not, they'll want the full story. 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. It causes a level of embarrassment the likes of which can't be explained, as you're literally escorted OFF the fac. Criminal Conduct. Eche graduated from Northwestern University School of Law on a full scholarship. Restraining orders that are entered in New Mexico can impact security clearances. My question is, will he be contacted as a part of this investigation? 703-298-9562, 800-401-1583. Read the questionnaire questions literally (without any "but,) and answer them honestly. . Secondly, the military needs to examine your immediate family members. 10,701 satisfied customers. 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. Under Mississippi law, "abuse" means the occurrence of one or more of the following acts between spouses, former spouses, persons living as spouses or who formerly lived as spouses, persons having a child in common, other relatives who live together or formerly lived together or between . If you find this answer helpful, please mark it here on AVVO as helpful. Real answers from licensed attorneys. Top-secret status is described as having access to information that unauthorized disclosure could cause exceptionally grave damage to national security. Improper or illegal involvement with drugs raises questions regarding an individuals willingness or ability to protect classified information. Example: information that suggests that an individual has a condition or treatment that may indicate a defect in judgment, reliability or stability. The agency decides whether to grant the security clearance. 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. Thanks Why Are Dead Presidents the Only Dead People with Trademark Protections. However, after a temporary restraining order is issued, a permanent restraining order hearing follows. 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 . In this case, I normally would chase down people who know about the situation long before talking to the ex (and then, only if required). Security classified resources include Protected, Secret and Top Secret information, systems that hold classified information, and classified assets. All of these cases, though in the public record, are anonymous. Choose an area of law that your issue relates to: See what other people are asking and the advice they're getting. Take someone fresh out of college, no military clearance or no clearance at all. Example: treatment for alcohol abuse. Several Military Occupational Specialties (MOS), including Fire Control Technicians and Geospatial Intelligence Imagery Analysts, require you to have some form of security clearance. However, service members are subject to random reinvestigations at any time. A Department of Defense military security clearance investigation examines your character, conduct, criminal background, financial responsibility, and emotional stability. There are four different types of restraining orders: Domestic Violence Restraining Order IntelligenceCareers.comaka USADefenseIndustryJobs.com. Most contracting companies I know won't hire anyone without at least a Secret clearance. The U.S. government issues military clearance to select personnel at one of three levels. 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. Criminal conduct. Michael Tanner, SAPPC, SFPC, ISOC, PSC, LPQ. Thank you for your information Bill. 3- The stupidity of the system: How is it possible that you are trusted with a TS with (for example) DOD, yet considered untrustworthy by other Intel agencies? Here are the top five reasons for security clearance denial: 1. While he never actually served in the US Military, he has a passion for writing about military related topics. The chances of a temporary order, valid for a short duration of time, has lesser chances of showing up during a background check. Unless a restraining order is breached, it will not appear on your criminal record. Example: foreign financial interest or employment that may affect the individuals security responsibility. What is the legal definition of domestic violence in CA? 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. On the other hand, whether you hold a civil restraining order or are the restrained party under a civil order, the existence of that case must be disclosed under Section 28 of the SF-86 (Have you been a party to any public record civil court action not listed elsewhere on this form?). In some states, that could be considered a crime. The first reason you need to know the difference is because of how these cases are reported on the SF-86 form. The three levels of personnel clearance in the military are confidential, secret, and top-secret. When the person is not a family member, generally just a restraining order is sufficient. The agencys decision is based on a persons character and trustworthiness. Step 3: Let the Order Served. Some of these people end up being denied clearance and others have it granted, depending on whether the situation seems to be resolved, and how bad their conduct was. 2,075. Confidential security clearance refers to unauthorized disclosure that could cause damage to national security. Interview questions range from what you like to do for fun to job history and family. In contrast, the order will show up if the checks are done for military or security clearance purposes. 3. 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). Cover the illegal possession ( including cultivation and processing ) or distribution illicit... Make sure you dont need to be a boy scout but a of... Resources include Protected, secret, and top-secret from obtaining a clearance, which can affect your ability to classified! 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will a restraining order affect my security clearance