How is it possible to have had the highest clearances in the land, to have served your country faithfully and yet be denied clearance on the renewal ? 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. wait . Emotional, Mental and Personality Disorders. During this step, the agency determines if an employee or contractor requires access to classified information to complete his or her duties. 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? I received my year long restraining order against him a month later in 2017. My initial reaction was that the answer is almost definitely no, but the question managed to spark my curiosity about the idea of the filing of a restraining order impacting a persons security clearance. Many many good people, who have served this country with sweat and blood, are today unemployed because of stupid bureaucracy based on fallacies. Not to mention the many people working for the government today and who hate this country! This article is intended as general information only and should not be construed as legal advice. Was nothing like that at all, he was for all intents and purposes a stalker in my life and we were never in a long/serious relationship to begin with. The Department of Defense does study some habits of your sexual behavior. Federal background investigations expand when unreported information is discovered during the investigation. The military needs proof that if you were put in a position to maintain secrecy in the past you didnt abuse that privilege. It simply depends on whether the event is firmly in the past and how bad the conduct was. Its obvious that if you serve the United States and access sensitive information that you should have an allegiance to the country. An SSBI investigation checks records held by employers, courts, and rental offices. These disorders are of security concern because they may indicate a defect in judgment, reliability or stability. Trademark Renewal Timeline: How Often Do You Have To Renew? Breaching an MRO can result in fines up to $1000. For example, an applicant who has had a restraining order filed against them about 15 years prior by a romantic partner, and who has never had any similar issues since then, will probably be approved. Obtaining any form of military security clearance demonstrates that the military trusts you with sensitive information even if you need extra clearance for classified information. The San Diego Restraining Order Attorney has prepared this guide discussing instances that warrant a permanent restraining order and the process of getting one. I saw several denials of clearance and several approvals. 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. The Department of Defense uses the Defense Security Service (DSS) to conduct background checks for security clearance. Example: recent drug use, illegal drug possession or drug dependence. USPTO ID.me Verification for Trademark Filings: What Is This? Any information in this communication is for discussion purposes only, and is not offered as legal advice. There is no problem for exercising your civil rights and suing a person, or seeking protection. So I guess it doesnt need to be reported? 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. This blog post is about restraining orders, also known in some states asorders of protection orprotective orders. I was at walmart and changed a price on 3 items one was on clearence for $ 15.00 changed to $ 5.00 the others were clearenced at $3.00 and read more. In addition to the disqualifying criminal offenses listed below, TSA may determine that an applicant is not eligible for the application program based on analyses of the following: a) Interpol and other international information, as appropriate. By looking at security clearance adjudication decisions at the website of the Defense Office of Hearings and Appeals (DOHA). However, the government still needs to safeguard against possible intruders, like spies. Have foreign citizenship to protect financial or business interests in another land. Why Are Dead Presidents the Only Dead People with Trademark Protections. On the day of your hearing, you have the option of requesting a permanent order. Handling protected information. Basically, the DOD wants to establish that you are honest and trustworthy based on previous behavior. He is the attorney of record for over 3,000 U.S. trademark registrations. There is a documented history of abuse The abuser violated a restraining order to commit the abuse The abuser used a weapon A child witnessed the incident Most domestic violence cases can be either misdemeanors or felonies, depending on the case. Security Clearance Attorney Sean M. Bigley represents clients worldwide in security clearance denials and revocations. Yes and no. 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. Matthew Sanchez has handled restraining orders all across New Mexico for over twelve years.. Sanchez has the knowledge and experience that you need to handle your order of protection (restraining order) in Bernalillo, Sandoval, and Valencia counties. Will domestic Ask an Expert Ask a Lawyer This answer was rated: Will a restraining order affect an federal employee (FAA)? All of these cases, though in the public record, are anonymous. Will this harm his military career or his security clearance? I never called the police because I was scared and financially dependent on him since I am in school and unable to work. You want the agent to know what is going on. For more information, visit:Defense Security Service (DSS) www.DSS.miland learn about its very important role and impact regarding Defense Contractors. These orders legally forbid a person from having any form of contact with another person, including: Face-to-face visits. As outlined in the Restraining Orders Act 1997, the penalty for breach of a VRO is a fine of up to $6,000, and imprisonment for up to two years or both. Thanks very much for that information, Bill! Obtaining security clearance is required to make sure you are eligible to access national security information. Additionally, a Single Scope Background Investigation (SSBI) is conducted for top-secret clearance applicants. In 2019, JPG Legal was ranked the #16 law firm in the United States by number of federal trademark applications filed. Troops beware: New security clearance rules could bite you. I had a R.O placed against me for a year. I found that every year, there are a handful of cases where restraining orders are mentioned as a factor in the decision. I just hate talking about it because it brings back bad memories of stalking and harassment obviously. We had a bad breakup. A restraining order is a lawful court order that is put in place to protect a person, place, or even an object. The difference is the government studies any evidence of dual citizenship which might conflict with your duties of having a security clearance. Search for lawyers by reviews and ratings. In depth background checks, like the ones performed by the National Background Investigations Bureau, should uncover a restraining order. Take someone fresh out of college, no military clearance or no clearance at all. This falls into several potential areas: criminal conduct, personal behavior, and if alcohol was involved alcohol abuse. If that is the case a Sensitive Compartmented Information (SCI) or Special Access Programs (SAP) is required for 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. Any recent drug involvement is frowned upon heavily. The recency may be a problem. Periodic reinvestigations (PR) are required every 10 years for the secret level. Drug involvement. If you find this answer helpful, please mark it here on AVVO as helpful. Example: felony arrests, multiple misdemeanor arrests or imprisonment for over one year. Your email address will not be published. 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. A restraining order prohibits you from possessing, purchasing, or carrying a firearm while active. While the questions are personal they are basically just making sure you dont show signs of sexual behavior that is criminal in nature. - One supervisor or some junior decision maker should not have the power to ruin one's career. Alcohol-related incidents at work, such as reporting to the place of employment intoxicated or impaired, reflect poorly on a record. 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). 9. It includes illegal or unauthorized modification, manipulation, destruction, or denial of access to information on a system. 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. Disciplinary information may not be comprehensive, or updated. Choose an area of law that your issue relates to: See what other people are asking and the advice they're getting. 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. Eche graduated from Northwestern University School of Law on a full scholarship. A security clearance is a determination that a person, whether a federal employee or private contractor, is eligible to access classified information. The investigation varies based on the level of clearance (Confidential, Secret, Top Secret). (You can also email my office at [emailprotected] . Many organizations look at filing for bankruptcy as a responsible way to address other troubling financial issues, so it might make it easier for you to qualify. ClearanceJobs is a DHI service. Interview questions range from what you like to do for fun to job history and family. Since then we have reconciled and sought counseling. In 2019, JPG Legal was ranked the #16 law firm in the United States by number of federal trademark applications filed. So DO NOT agree to an injunction just to make it go away. Restraining orders, also known as protective orders or orders of protection, are better known as tactical nuclear weaponsin family law cases. Rather, it is the conduct your conduct that is at issue, as is the company you keep. The agency decides whether to grant the security clearance. 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. A Department of Defense military security clearance investigation examines your character, conduct, criminal background, financial responsibility, and emotional stability. Glad to know Ill have the opportunity to explain rather than be removed completely. Example: treatment for alcohol abuse. 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 . A foreign preference is comparable to foreign influence. 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. So its best not to lie and stay truthful as you fill out the personnel security questionnaire. A civil restraining order shouldn't show up. Allegiance to the United States. 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. For example, possession of a valid foreign passport. All civil actions in the last 10 years (regardless of age) need to be reported. You need to speak with an attorney. A sheriff's deputy is generally assigned by the court to serve the opposite party. The Department of Defense examines medical records for any signs of emotional, mental, or personality disorders. Join 4,500+ subscribers who get free branding and growth advice from Jeremy Eche. The same is true of having associations with persons involved in criminal activity. You need to provide 10 years worth of history and information for top-secret levels compared to 5 years for confidential and secret status on the Security Clearance Background Investigation Questionnaire. Example: service or employment country or foreign national. Foreign preference. 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. If you are named as a "Respondent" in a Protective or Peace Order, you may not know about the traps you could face. 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