Security clearances are only granted by a federal agency and usually only after completing a background investigation. Its best to tell the truth with your Security Clearance Background Investigation Questionnaire. General background checks done by employers or a landlord will not reveal your restraining order. Take someone fresh out of college, no military clearance or no clearance at all. He formerly served as in-house General Counsel for Teamsters Local 922 in Washington, DC. So the answer seems to be no, theres no direct way for filing a restraining order to harm your chances of being granted a federal security clearance. After the questionnaire is completed its sent through a National Agency Check (NAC) and Local Agency Check. Federal background investigations expand when unreported information is discovered during the investigation. In that situation, it depends on whether the event is firmly in the past and how bad the conduct was. 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. REINVESTIGATION. The investigation wants to check your paper trail and interview employers, coworkers, neighbors, associates, and acquaintances to make sure you are an upstanding citizen. . I received my year long restraining order against him a month later in 2017. Attorney Joseph D. Lento and the Lento Law Firm will effectively represent you in a restraining order hearing and defend any related criminal charges. 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. 1. 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. However, it can have serious implications and negatively impact the security clearance process. Answering your question does not create an attorney-client relationship. Example: service or employment country or foreign national. Restraining orders that are entered in New Mexico can impact security clearances. The best way to deal with a DUI conviction and your security clearance is to not be convicted. 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. 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. 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. Secondly, the military needs to examine your immediate family members. Misdemeanors. Go to my other post. A system that was designed to protect against abuse is itself being abused. Mbp. Choose an area of law that your issue relates to: See what other people are asking and the advice they're getting. 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. 3. IntelligenceCareers.comaka USADefenseIndustryJobs.com. Can Filing a Restraining Order Against Somebody Affect Your Security Clearance? Information Technology Systems include all related equipment used for the communication, transmission, processing, manipulation, and storage of classified or sensitive information. Financial problems that are related to gambling, alcoholism, or drug abuse also are security concerns. Confidential security clearance disqualifiers include careful examinations of the following: A periodic reinvestigation (PR) into your character and record is required every 15 years for confidential security clearance. Sexual behavior. These situations could create the potential for foreign influence that could result in the compromise of classified information. It also depends whether you have a criminal or civil restraining order. A Domestic Violence Restraining Order (DVRO) is a civil court order that is signed by a judge and tells your abuser to stop the abuse or face serious legal consequences. 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. Real questions about family law from people like you. On the day of your hearing, you have the option of requesting a permanent order. Social media interactions. Alcohol-related incidents at work, such as reporting to the place of employment intoxicated or impaired, reflect poorly on a record. Thomson Reuters selected him as a Super Lawyers Rising Star in Intellectual Property for 2021. 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. Copyright 2023 www.OperationMilitaryKids.org. Contacts with citizens of other countries or financial interests in other countries are also relevant to security determinations if they make an individual potentially vulnerable to coercion, exploitation, or pressure. Save emails and texts that . Valuing a Trademark: How Much Is A Trademark Worth? Because EACH AND EVERY SYLLABLE he wrote emanates from CORRECT perspective, which itself is necessarily ROOTED IN one's DUTY of allegiance, even including language which would NEGATE efforts to tamper with 'meaning'. Outside activities also get analyzed by the Department of Defense. 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?" I have been accepted to medical school already, but now an ex of mine is threatening to take out a restraining order on me. Avvo has 97% of all lawyers in the US. There is no problem for exercising your civil rights and suing a person, or seeking protection. 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 He formerly served as in-house General Counsel for Teamsters Local 922 in Washington, DC. A restraining order prohibits you from possessing, purchasing, or carrying a firearm while active. Example: arrests for a sexual related crime. The recency may be a problem. Years licensed, work experience, education. Salaried and I believe is at will. wait . Create an account to follow your favorite communities and start taking part in conversations. I saw several denials of clearance and several approvals. But what about a situation where the restraining order is issued against the batterer and the victim violates it? Restraining orders can be requested without . You might not see how your financial history ties into serving the military yet the government considers a track record of not meeting financial obligations as irresponsible and untrustworthy. 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. According to a Washington Post article, some of these clearance holders have used their special access as a security clearance holder to intimidate, control, or prevent their spouses from reporting domestic violence issues to authorities, or from seeking outside help. Many Military Occupational Specialties (MOS) require some form of security clearance. The military treats mental health very seriously so making the military, in general, is an achievement, much less gaining security clearance. 10,701 satisfied customers. People that hold security clearances are subject to periodic reinvestigation. 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, 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. Domestic Violence in Marriages Domestic violence impacts more than 10% of the population, which translates to roughly thirty-two (32) million people and counting, the CDC reports. He has moderate Tourette syndrome. Which is particularly awesome, and inspiring, to me. A place to ask questions and share advice about the security clearance process. 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. We co parent well and have a great parenting bond at this point. 2. Personal safety intervention orders may be known as restraining or apprehended violence orders in other states and territories. In order for a criminal restraining order to issue, the restrained party must generally have been first arrested and/or convicted of a criminal offense. Thanks for the response! 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. My security clearance was still intact but I was kicked off anyway. Being arrested, charged, or convicted of a DUI does not automatically mean you are ineligible for securing, or renewing, a security clearance. 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. 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?). My name is included on the order so that the young man isnt allowed to start driving past my house. 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. There are certain mandatory regulations the police have to abide by when they are assessing security licence applications. Eche is married to Stephanie Eche, an artist and creative consultant. Keep in mind that the requirements for receiving confidential security clearance are similar to secret or top-secret clearance. Alcohol consumption. An applicant who has had a protective order filed just six months before applying, tied to credible allegations of domestic violence, will likely be rejected. Secret Security clearance is considered the midlevel security clearance. When expanded it provides a list of search options that will switch the search inputs to match the current selection. This article is intended as general information only and should not be construed as legal advice. 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. Accept some type of benefits from another country. Text messaging. ; Children's Law Reform Act-Section 35: the judge will consider this section if there are children involved and when they are deciding whether to grant the restraining order. Security classified resources include Protected, Secret and Top Secret information, systems that hold classified information, and classified assets. 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. Service members applying for secret clearance (along with confidential clearance) must provide five years worth of information. My husband has abused me physically and emotionally in the past. 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 . Restraining and personal protection order laws vary from one jurisdiction to another but all establish who can file for an order, what protection or relief a person can get from such an order . Michael Tanner, SAPPC, SFPC, ISOC, PSC, LPQ. Unless a restraining order is breached, it will not appear on your criminal record. Just because you have been arrested and charged with DUI does not mean you will lose or fail to obtain your clearance. So DO NOT agree to an injunction just to make it go away. There is no right to rely on the information contained in this communication and no attorney-client relationship is formed. In answering you, I am attempting to communicate general legal information and am not representing you (and am not your lawyer). (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. 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