will a restraining order affect my security clearance

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. However, it can have serious implications and negatively impact the security clearance process. For more information, please visitwww.bigleylaw.com. So the answer seems to be no, there's no direct way for filing a restraining order to harm your chances of being granted a federal security clearance. Restraining Orders Will Appear on Background Checks for Firearms. Learn more about what can happen here. Does a restraining order affect your record? Restraining orders can be requested without . 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. Once the restraining order is removed, you would then be able to purchase a firearm again. For example, unauthorized disclosure of classified information or violations that were deliberate, multiple, or due to negligence are disqualifiers. Rather, it is the conduct your conduct that is at issue, as is the company you keep. Several Military Occupational Specialties (MOS), including Fire Control Technicians and Geospatial Intelligence Imagery Analysts, require you to have some form of security clearance. Or, in the case of emotional, mental and personality disorders, mental health treatment for a temporary condition such as that caused by a death, illness or marital breakup. I received my year long restraining order against him a month later in 2017. Information Technology Systems include all related equipment used for the communication, transmission, processing, manipulation, and storage of classified or sensitive information. The investigation wants to check your paper trail and interview employers, coworkers, neighbors, associates, and acquaintances to make sure you are an upstanding citizen. Reaction score. The Department of Defense conducts a thorough background check to see if you qualify for one of the levels of clearance. The MOS you select determines what type (if any) military security clearance you need for the specialty. The agencys decision is based on a persons character and trustworthiness. 1- There is the stupidity of some of the rules: i.e Hanssen and Snowden were not born overseas nor did they have any relatives overseas by birth and yet they made the most damage to our country. 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. 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. He formerly served as in-house General Counsel for Teamsters Local 922 in Washington, DC. You also cannot have association or sympathy for those that commit these types of crimes or organizations that advocate overthrowing the U.S. government. Please give Jad a call today at (571) 216-2639 to set up your initial consultation so that he can begin your defense immediately. Eche is based in Brooklyn in New York City. House of Cards If you have a security clearance and you let your spouse manage all of your. After the questionnaire is completed its sent through a National Agency Check (NAC) and Local Agency Check. The government has connections to your criminal record so its best to be upfront and honest about any criminal past. Emotional, mental and personality disorders can cause a significant deficit in an individuals psychological, social and occupational functioning. 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. Emotional, Mental, and Personality Disorders, 12. Before becoming a trademark attorney, he was known for owning ClintonKaine.com and hosting his comics there during the 2016 election, before selling the domain. In my case, I was worried about my past use of marijuana. 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. The first reason you need to know the difference is because of how these cases are reported on the SF-86 form. Again, these are examples and may not result in the decline of an interim eligibility if there are factors that mitigate the concerns. Possibly you are looking to enter the military, or you are exiting the military and looking for a job that requires a security clearance. If you are named as a "Respondent" in a Protective or Peace Order, you may not know about the traps you could face. Social media interactions. #2. Join 4,500+ subscribers who get free branding and growth advice from Jeremy Eche. Years licensed, work experience, education. One example is being charged with a criminal offense. USPTO ID.me Verification for Trademark Filings: What Is This? 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. Take the high road with your Ex from now on. He has moderate Tourette syndrome. 1. For more information, please visit, Booz Allen Supports Digital Transformation for Taxpayers, SAIC Launches Tenjin - a New Data Science Platform, Marijuana Use and Your Security Clearance, www.bigleylaw.com/security-clearance-investigation-records, SF-86 and other Sensitive Data Exposed in U.S. Military Email Spill, The Pentagon is Now Addressing Use of Special Access Program Classification, 10 Defense Contractors Offering Sign-On Bonuses, The Ladder of Incompetence: 5 Reasons We Promote the Wrong People, Security Clearance Application Headed for an Upgrade, Spring Storms Brewing Over Social Media Cases in the Supreme Court, Recruitment Scams on the Rise Following Tech Layoffs, Boeing Wins $1.2 Billion Air Force Contract for the E-7A Rapid Prototype Program, U.S. 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. Absent other issues, I wouldn't see this as something that would keep you from final clearance, but it would make it harder to get interim and depending on other behavior could be used to establish a pattern. 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. The agency decides whether to grant the security clearance. My now EX-wife slapped me with one of the damn things back at the end of August in 2012. IntelligenceCareers.comaka USADefenseIndustryJobs.com. 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 your husband currently maintains a Top Secret/SCI clearance he may in fact loose it. I was at walmart and changed a price on 3 items one was on. Drug abuse or dependence may impair social or occupational functioning, increasing the risk of an unauthorized disclosure of classified information. You are in possession of a foreign passport. Thanks It also depends whether you have a criminal or civil restraining order. He is the attorney of record for over 3,000 U.S. trademark registrations. May 22, 2014. The major steps involved with receiving and maintaining a security clearance are: PRE-INVESTIGATION. 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 . 2. Unexplained affluence is often linked to proceeds from financially profitable criminal acts. 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. Being arrested, charged, or convicted of a DUI does not automatically mean you are ineligible for securing, or renewing, a security clearance. My concern; Will this order cause me to loose my chances at a secret clearance? Attorney. The most basic (Secret Background Investigation) SBI wi. Restraining orders can affect your life in many ways you might not have even imagined. 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. Security clearances are only granted by a federal agency and usually only after completing a background investigation. Powered by Discourse, best viewed with JavaScript enabled, Restraining Order & Security Clearance Issues. A place to ask questions and share advice about the security clearance process. 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. Example: recent drug use, illegal drug possession or drug dependence. 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. (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. Personal conduct. Adapted from DSS Guidlines, below are some of the things that will be considered in you getting your Top Secret security clearance. Emotional, Mental and Personality Disorders. However the order existed I followed it and did NOT violate it in any way. Additionally, the introduction/removal of hardware, software, or media from any information technology system without authorization is a red flag. Financial problems that are related to gambling, alcoholism, or drug abuse also are security concerns. Eche is based in Brooklyn in New York City. 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. A temporary order can contain anything that the judge thinks is necessary to protect you from domestic abuse, including temporary custody or visitation orders. While the questions are personal they are basically just making sure you dont show signs of sexual behavior that is criminal in nature. Alcohol-related incidents at work, such as reporting to the place of employment intoxicated or impaired, reflect poorly on a record. Learn more about obtaining confidential, secret, or top-secret clearance as well as security clearance disqualifiers. The initial consultation is free. This falls into several potential areas: criminal conduct, personal behavior, and if alcohol was involved alcohol abuse. In-Person Contact Out of State Operation Military Kids was founded to be a resource for teens and young adults who are interested in joining the military, but don't know where to begin. This post is for people who have filed a restraining or protective order. 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