Drug involvement. 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. Periodic reinvestigations (PR) are required every 10 years for the secret level. See Parts A, B and C below for information on disqualifying criminal offenses. Anything where your name may pop up in a court check, I recommend listing. 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. 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. Psychological conditions. My security clearance was still intact but I was kicked off anyway. He is a former investigator for the Defense Counterintelligence and Security Agency (then-U.S. Office of Personnel Management). Laws surrounding a restraining order can differ from one jurisdiction to another. Federal background investigations expand when unreported information is discovered during the investigation. Background checks are meant to show criminal activity. It causes a level of embarrassment the likes of which can't be explained, as you're literally escorted OFF the fac. Do Not Sell or Share My Personal Information. Be civil or dont correspond at all. A top-secret security clearance is the highest level granted to members of the military. These situations could create the potential for foreign influence that could result in the compromise of classified information. Disciplinary information may not be comprehensive, or updated. 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. 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. 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. In that situation, it depends on whether the event is firmly in the past and how bad the conduct was. 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. Whether OP has an active restraining order or not, they'll want the full story. If a person has a permanent restraining order against them that is related to domestic violence, that person will not be able to own, possess, or control a firearm, gun or rifle. In my case, I was worried about my past use of marijuana. Create an account to follow your favorite communities and start taking part in conversations. Emotional, Mental, and Personality Disorders, 12. This falls into several potential areas: criminal conduct, personal behavior, and if alcohol was involved alcohol abuse. It's Not Just the Restraining Order That Matters 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. However, the government still needs to safeguard against possible intruders, like spies. My now EX-wife slapped me with one of the damn things back at the end of August in 2012. Both were dismissed and nothing came of them. A deliberate omission, concealment, or falsification of relevant and material facts from a questionnaire is among the security clearance disqualifiers. This post is for people who have filed a restraining or protective order. If that offense was a felony or resulted in conviction, it must be listed on the SF-86 - no matter how old. So someone offers you the chance to get into the defense industry 'pending successful completion' of an interim security clearance. Why? The U.S. government recognizes three levels of security clearance: confidential, secret, and top secret. If your misdemeanor occurred over seven years ago (10 years for a Top Secret clearance) you do not have to report it on the SF-86, the "Questionnaire for National Security Positions," that serves as a security clearance application. If the position requires the employee to have security clearance or carry a weapon, the order will probably appear on a . I have my guns back, I have my daughter. Valuing a Trademark: How Much Is A Trademark Worth? Usually yes, but sometimes no. 6. Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Even if I am the plaintiff? It also depends whether you have a criminal or civil restraining order. An SSBI investigation checks records held by employers, courts, and rental offices. Contact the office at (888) 535-3686 for a case evaluation. 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 Restraining orders that are entered in New Mexico can impact security clearances. The Department of Defense also obtains your criminal history records and credit record. 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. TABLE A: Top Defense Industrial Security Clearance Office (DISCO) Rejection Reasons. Yes, this may affect his security clearance. He has moderate Tourette syndrome. Additionally, compulsive or addictive sexual behavior when the person is unable to stop a pattern of self-destruction or high-risk behavior is analyzed. Do I understand from this that I am supposed to report all civil actions? 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. The DOD may also study those who you share living quarters with along with relatives or associates with connections to any foreign government. 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. 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. Will a restraining order affect an federal employee (FAA)? For more information, please visitwww.bigleylaw.com. My number is 855.MIL.JUST. wait . 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. I found that every year, there are a handful of cases where restraining orders are mentioned as a factor in the decision. The agency uses the applicants information to conduct a background investigation. Does the fact of the infidelity create a potential security concern for the spouse holding the restraining order? Any information in this communication is for discussion purposes only, and is not offered as legal advice. Example: possession of a valid foreign passport. 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. So DO NOT agree to an injunction just to make it go away. The MOS you select determines what type (if any) military security clearance you need for the specialty. The State of New Jersey provides protection from domestic violence using restraining orders. Injunctions can affect your ability to get a secret or top-secret security clearance for federal government jobs. The recency may be a problem. While not everyone in the military is required to have a security clearance, it helps to know the process. In the event an individual is facing foreclosure, repossession of a automobile, collection notices or lawsuits . 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. When the person is not a family member, generally just a restraining order is sufficient. Restraining orders that are entered in New Mexico can impact security clearances. 4. There is no problem for exercising your civil rights and suing a person, or seeking protection. Example: treatment for alcohol abuse. But what about a situation where the restraining order is issued against the batterer and the victim violates it? Thanks for the response! 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. There can be mitigating factors such as a particular behavior was not recent, or it was an isolated incident. Even if OP didn't get an active restraining order on him, they'll still look and see if there are any disqualifying issues within that story. b) Terrorist watchlists, other government databases and related . Financial problems that are related to gambling, alcoholism, or drug abuse also are security concerns. Again, these are examples and may not result in the decline of an interim eligibility if there are factors that mitigate the concerns. The order expired when my ex and I resolved the issue in court and reached an agreement for out daughter. 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. The adultery will cause them to start looking at him. 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 . Thanks very much for that information, Bill! For example, information that suggests that an individual has a condition or treatment that may indicate a defect in judgment, reliability or stability. 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. For example, unauthorized disclosure of classified information or violations that were deliberate, multiple, or due to negligence are disqualifiers. Troops beware: New security clearance rules could bite you. Not all of the above examples will result in the decline of an interim eligibility. Possibly you are looking to enter the military, or you are exiting the military and looking for a job that requires a security clearance. And going to court without an Orlando injunction attorney on these is not advisable. Restraining orders in Florida typically prohibit any direct or indirect contact between parties as a way of keeping victims safe from harm. REINVESTIGATION. Criminal conduct. 10. 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. What would you suggest she do to obtain one. Thanks I do security clearance cases. ClearanceJobs is a DHI service. Eche is married to Stephanie Eche, an artist and creative consultant. None. 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. And the alcohol was neither, it was a school related incident where I went to the hospital because I drank for the first time and it triggered my IBS badly. He is the attorney of record for over 3,000 U.S. trademark registrations. In that a forum such as this provides me with limited details and doesn't allow me to review details and documents, it is possible that answers here, while meant to be helpful, may in some cases not be complete or accurate, and I highly recommend that you retain legal counsel rather than rely on the answers here. For the most part, the military uses the same criteria for judging eligibility with the three levels. The investigation wants to check your paper trail and interview employers, coworkers, neighbors, associates, and acquaintances to make sure you are an upstanding citizen. Even though a restraining order is a civil matter, evidence of it may work its way into a person's record and have adverse consequences. A sheriff's deputy is generally assigned by the court to serve the opposite party. 12. The second reason why you need to understand the difference between criminal and civil orders is because of what a criminal restraining order represents. Join 4,500+ subscribers who get free branding and growth advice from Jeremy Eche. 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?" We often see cases where another individual has been issued a Temporary Protective Order (TPO) related to alleged domestic violence. Learn more about what can happen here. Take the high road with your Ex from now on. I never called the police because I was scared and financially dependent on him since I am in school and unable to work. 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