Keep in mind that the requirements for receiving confidential security clearance are similar to secret or top-secret clearance. You want to reflect that you have good discretion and judgment when it comes to sex. Check the below sections for more detailed information about the different security clearance disqualifiers. It offers civil legal protection from domestic violence to both women and men victims. Restraining orders can be requested without . Create an account to follow your favorite communities and start taking part in conversations. 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. 2,075. 8. These quick background checks usually involve checking NMcourts.com for ones criminal record. 4- How is it that after passing all the lifestyle polys, you are still denied clearance? Join 4,500+ subscribers who get free branding and growth advice from Jeremy Eche. For our purposes today, we are going to discuss civil restraining orders (aka order of protection). The first reason you need to know the difference is because of how these cases are reported on the SF-86 form. On the day of your hearing, you have the option of requesting a permanent order. Your timeline should contain examples of the other party's unstable behavior, alcohol or drub abuse, violent behavior, or threats of violence. During this step, the agency determines if an employee or contractor requires access to classified information to complete his or her duties. Possibly you are looking to enter the military, or you are exiting the military and looking for a job that requires a security clearance. Attorney Joseph D. Lento and the Lento Law Firm will effectively represent you in a restraining order hearing and defend any related criminal charges. 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. Read the questionnaire questions literally (without any "but,) and answer them honestly. Any information in this communication is for discussion purposes only, and is not offered as legal advice. Avvo has 97% of all lawyers in the US. Contact the office at (888) 535-3686 for a case evaluation. He has moderate Tourette syndrome. Sexual behavior. Having a restraining order filed against you, however, is a different story. 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). 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. My current wife filed a domestic violence restraining order on me and then I filed on one on her sometime after in 2018. This blog post is about restraining orders, also known in some states asorders of protection orprotective orders. You are in possession of a foreign passport. My husband has abused me physically and emotionally in the past. Do Restraining Orders Impact Security Clearances in Albuquerque, NM? The State of New Jersey provides protection from domestic violence using restraining orders. 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.. 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. 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? The major steps involved with receiving and maintaining a security clearance are: PRE-INVESTIGATION. Troops beware: New security clearance rules could bite you. How can we find out how restraining orders affect security clearance applications? Valuing a Trademark: How Much Is A Trademark Worth? . A restraining order prohibits you from possessing, purchasing, or carrying a firearm while active. A restraining order registered with law enforcement can have serious implications on employment. Other means of communication. 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 . 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. 3. In North Carolina, obtaining a Domestic Violence Protective Order or 50C is a relatively quick and simple process. 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. And going to court without an Orlando injunction attorney on these is not advisable. Powered by Discourse, best viewed with JavaScript enabled, Restraining Order & Security Clearance Issues. 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. However, service members are subject to random reinvestigations at any time. You can contact him at info@jpglegal.com. A security risk may exist when an individuals immediate family, including cohabitants, and other persons to whom he or she may be bound by affection, influence, or obligation are not citizens of the United States or may be subject to duress. For example, recent drug use, illegal drug possession or drug dependence. This post is for people who have filed a restraining or protective order. All civil actions in the last 10 years (regardless of age) need to be reported. You are also subject to an interview by an SSBI investigator along with field interviews of your references. An incident report is a report submitted to the agency notifying it of a developed circumstance which could affect your continued eligibility to hold a security clearance. For any number of reasons, you may desire a security clearance, or you may be facing a background check. Service members applying for secret clearance (along with confidential clearance) must provide five years worth of information. Whether OP has an active restraining order or not, they'll want the full story. So someone offers you the chance to get into the defense industry 'pending successful completion' of an interim security clearance. (SOR can still happen, and it's a pain to appeal), Also, if both of them can't resolve this issue as an civilized adult, then it's going to be near impossible for OP to have it mitigated. There is no right to rely on the information contained in this communication and no attorney-client relationship is formed. Just the filing of such an order can potentially affect an individual's security clearance. Secret Security clearance is considered the midlevel security clearance. - 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. Just because you have been arrested and charged with DUI does not mean you will lose or fail to obtain your clearance. You want the agent to know what is going on. A foreign preference is comparable to foreign influence. The investigation varies based on the level of clearance (Confidential, Secret, Top Secret). Failure to timely report the information could result in disciplinary action and/or affect eligibility for a security clearance. Why? Federal background investigations expand when unreported information is discovered during the investigation. Security personnel and the adjudication guidelines weigh misdemeanors much less than felonies. 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. Join 4,500+ subscribers who get free branding and growth advice from Jeremy Eche. At its core, a restraining order prevents the restrained party from communicating, contacting, or coming within a specified distance of a person. Included with each guideline is an example of concerns that might prevent an adjudicator from issuing an interim eligibility. With the new legislation against repeated domestic violence offenders, a breach of a restraining order can be an issue. Periodic reinvestigations (PR) are required every 10 years for the secret level. Like all other issues that can affect security clearance applications, there is no binary rule about restraining orders. 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. 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). Foreign preference. You need to speak with an attorney. In that situation, it depends on whether the event is firmly in the past and how bad the conduct was. Both were dismissed and nothing came of them. 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. A top-secret security clearance is the highest level granted to members of the military. General background checks done by employers or a landlord will not reveal your restraining order. 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. Save emails and texts that . The stay-away provisions of the Civil Protection Order can order the Respondent to stay away from a Petitioner's home, vehicle, work, the children's school or child care, and any other relevant place, and can also require limited or no communication between the Respondent and the Petitioner. 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. 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