30 years of collective experience handling security clearance matters. Security Clearance Attorney Sean M. Bigley represents clients worldwide in security clearance denials and revocations. Mental incompetence determined by a mental health professional. What are some typical delays that occur in the security clearance process? Is there an appeal process? Will this affect my chances of getting a clearance? a vindictive ex-spouse may try to undermine your security clearance? We also share information about your use of our site with our social media, advertising Mr. Leckie is a reasonably priced lawyer especially for military folks. If your request for security clearance has been denied, dont feel like you have no further say in the matter and that you will never receive the clearance you need. or viewing does not constitute, an attorney-client relationship. They asked asked about people I associate with doing drugs. Additionally, you may contact our legal Under certain circumstances, an applicant's spouse or cohabitant may be subject to a security check. performance. Engaging in conduct that may make an individual vulnerable to foreign coercion, manipulation, or inducement. The Oblivious Spouse and the Credit Card Addict If you have a security clearance and you let your spouse manage all of your finances, you should have a very high-degree of trust about his or her ability to spend responsibly. Adjudicative Guidelines for Determining Eligibility for Access to Classified Information. 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. EST at (866) 643-4636 or (571) 345-3186. Although security clearance background checks can be intensely thorough, the government cant view your emails, Internet browsing history, hard drive data, and other virtual assets without a subpoena or warrant. The purpose of a security clearance is to allow an individual access to classified national security information. Family members can impact one's ability to receive security clearance. The Diplomatic Security Service (DSS) conducts personnel security background investigations for the Department of State and other federal agencies. Security clearances indicate that the individual holding the clearance has access to classified information on a need-to-know basis, provided they sign a non-disclosure agreement. Its essential that applicants include all requested information, as incomplete applications are the most frequent cause of a security denial. If these sound like oddly specific suggestions, it is because Ive seen them all actually happen. The Standard Form (SF) 86 is used to conduct these investigations. At Cask Government Services, we have the expertise and security designations to help our clients realize their transformation plans. Thus knowing or intentional marijuana possession is illegal, even if an individual has no intent to manufacture, distribute, or dispense marijuana.. However, certain circumstances can make some divorces more complicated than others. Such a check is generally a part of a Top Secret clearance investigation, and in providing information about a spouse or cohabitant one should expect that they may be subject to a basic criminal background check. technologies for the following purposes: We do not allow you to opt-out of our certain cookies, as they are necessary to Various reasons exist for denial of a security clearance. browser. Who determines whether I need a security clearance? Capitalize on the Value of DoD Security Clearance. After racking up $50,000 in consumer debt, the employee admitted the debt was due to his own stupidity, as well as letting his spouse handle the finances. any family member? Eric always kept me informed of my case's updates, and made sure that I was rest assured for every concern I had! cookie banner and remembering your settings, to log into your account, to redirect you when you log out, You can usually find these settings in the Options or Merely listing (or not listing) foreign nationals could affect the granting of a clearance. How often is a security clearance renewed? What are the National Security Adjudicative Guidelines? Under certain circumstances, an applicant's spouse or cohabitant may be subject to a security check. However, you She reported her relationship with the man to her security officer, and was very careful to follow all laws in her visits with, and subsequent efforts to obtain permanent U.S. residency for, her spouse. background prevent you from obtaining security clearance? If you want to opt out of all of our lead reports and lists, please submit a This may affect our ability to personalize ads according to your preferences. Contact us today for the attention your situation demands. sites. a husband or wife who lives with the applicant. personalize your experience with targeted ads. Some of the most common areas of delay include the submission of incomplete forms and information, poorly collected fingerprints, and investigations that involve coverage of extensive overseas activities. Criminal conduct may be an infraction that results in a fine, a misdemeanor with less than a year of confinement, or a felony with more than a year of incarceration. 2023 ClearanceJobs - All rights reserved. Call us today at 757-317-5125 or contact . All rights reserved. The security clearance from the DoD requires investigation every 15 years. She never bought, possessed personally, or did any of this around me, and never in my house. browsers and GEMG properties, your selection will take effect only on this browser, this device and this Can family members affect security clearance? He never advised me to do anything that would further jeopardize my freedom nor did he sugar coat the possible consequences. You arent going to get very far arguing the constitutionality of guilt by association in a security clearance denial case. How a Continuous Evaluation Program Strengthens Security Against Internal Threats, Lessons in Cybersecurity: Honey Bees and Supply Chain Attacks. security clearance is threatened by your spouses background, we wife; however, this check would be conducted with their permission. And it might take him a minute to get back to you due to his case load. However, if you do not know personal information about the foreign national and if you have doubts about whether a bond exists, be careful before you list them on the SF86. CE applies to all Executive Branch personnel who require eligibility for access to classified information or eligibility to hold a sensitive position. At Invictus Law, we advise clients in all stages of the security clearance process. A federal contract employee and E-7 military retiree learned the hard way that its a bad idea to turn a blind eye to the outflow of family money. SF-86 is a combination grizzly bear and marathon. Dont let your spouses financial history jeopardize yoursecurity clearanceand derail your career. Non-US citizens cannot receive security clearance. Camp Lejeune Water Contamination Lawsuits, SF-86 Application Advice & Document Preparation, Denial of Flightcrew Member Application under TFSSP, Comprehensive Guide to CTPAT Certification and Compliance. The regulations, however, do not define what constitutes close contact. If your spouse has Every case is individually assessed, using the National Security Adjudicative Guidelines, to determine whether the granting or continuing of eligibility for a security clearance is clearly consistent with the interests of national security. These investigations focus on the following: The investigators assess individual vulnerabilities that may be used to gain access to classified materials. Each level has protocols outlining how the classified information should be handled. Can family members affect security clearance? Those cookies are set by us and called first-party cookies. Just when you think you are out, you get pulled back in.. Consult with an experienced Virginia security clearance attorney at Invictus Law. etc.). In contrast, if you share an account with your spouse and your own credit history is negatively affected as a result of their debt, it could have a larger impact on your security clearance application. They are capable of They do not store directly personal information, but are based on uniquely identifying your browser and traffic on our website. Visit www.allaboutcookies.org We have security clerks that go through your previous investigations. Another common question is if a cohabitant is a foreign national, if that will affect a security clearance. On the one hand, failure to list a foreign national that an applicant should have listed on the SF86 will be perceived as a dishonest attempt to try to conceal such a relationship. "In situations involving a clearance holder with illegal immigrant family members, Guidelines "J" (Criminal Conduct), "E" (Personal Conduct), and "B" (Foreign Influence) potentially apply." For example, individuals who are naturalized citizens, who have friends or family members residing abroad, who cohabitate with non-citizens, or who have foreign business interests might be to affected by Guideline B. The information on this website is for general information purposes only. A delinquent account that is in your spouses name will not affect your credit unless your name is also on the account. Rights link. Contact us today for the attention your situation demands. Can the investigators access previous OPM investigation profiles? 12150 Meredith Drive | Urbandale, IA 50323, Convicted Felon Granted Clearance Eligibility by DOHA, Clearance Denied Due to Overdue Student Loans, DoD Contractors Marijuana Grow House Leads to Discovery of Classified Documents, Wacky SF-86 Question (Secret clearance drug use). Can family members affect security clearance? Some of the reasons why an applicant is denied based on their personal 2. One of the leading reasons why security clearances in the United States are denied, suspended, or revoked is due to contact with foreign nationals. It may be necessary to readdress certain issues as further information or patterns are developed. A security clearance allows an individual filling a specific position to have access to classified national security information up to and including the level of clearance that they hold as long as the individual has a "need to know" the information and signed a non-disclosure agreement. Can family members affect security clearance? Suppose youre confident that youll pass the background check Please do not send any confidential information until such time as an attorney-client relationship has been established. However, the more recent additional of the term common interests in this phrase was intended to broaden those relationships subject to coverage. your data under the CCPA. Unless you really are a member of a mafia family, no security clearance adjudicator will expect you to disown your family because of your brother's drug habit, your parents' under-the-table business transactions, or your cousin's gang membership. Strictly Necessary Cookies - Always Active. Do I have to be a U.S. citizen to receive a security clearance from the Department of State? According to the court, The risk of coercion, persuasion, or duress is significantly greater if the foreign country has an authoritarian government; a family member is associated with, or dependent on, the foreign government; or the country is known to conduct intelligence operations against the United States.. Mr. Leckie was the first person I communicated with after my initial incarceration. What is a public trust? Not only Mr. Leckie was kind enough to take my fairly complicated custody case in the Newport News area after I moved to Washington, D.C., but he also exceeded my expectations on every level! An investigative arm of the US Department of Defense (DoD) conducts security investigations for all federal employees to determine their reliability, character, conduct, and trustworthiness. I was reading through the documents and was this. habits and whether you filed for In addition to the standard security clearances, two information classifications require added security: Violations of security protocols are reported regardless of how minor. Marrying you is a big step, but shouldnt be the only tie they have to the U.S. Other common questions about relatives in the security clearance application is if other family members are cleared, will that make obtaining a clearance easier? All Executive Branch agencies use these guidelines when rendering a national security eligibility determination. In one case before the appeals court, a clearance applicant had married an undocumented Mexican woman. A security clearance lawyer will also help prepare you for the questions that could arise during the application process and can help you to rebut or mitigate them. In the opinion of those who are familiar with the adjudication process, would you consider this a potentially disqualifying issue? user asks your browser to store on your device in order to remember information about you, such as your This information is not intended to create, and receipt What Is the 10/10 Rule in Military Divorce? What Is the UCMJ, and What Types of Offenses Does It Cover? information by using this toggle switch. urge you to contact our security clearance attorneys for aggressive legal Will my clearance be transferable to other federal agencies? I need to obtain a clearance and I'm not sure if it's Secret or just Public Trust yet. 1. The Standard Form 86, Questionnaire for National Security Positions, is the form used by military personnel, government contractors, and government employees to apply for some level of security clearance: confidential, secret, top secret. Applicants are more likely to be denied clearance for failing to disclose a misdemeanor than for committing one. Youre not alone. Private citizens that work for the US Department of Defenses (DoD) or its contractors are required to receive security clearances. DSS notifies the employee when it is time for a reinvestigation. With todays global economy, it can be almost impossible not to have some sort of foreign contact. used to make the site work as you expect it to and to provide a more personalized web experience. The hiring office reviews and submits the completed questionnaire and other required forms known as the security package to DSS. A public trust background investigation will include many aspects of a full security clearance investigation. Visit www.allaboutcookies.org If you want to maintain good credit, you need to make sure that any account with your name on it, whether it is your own or held jointly, remains current. In some cases, background investigations may be forwarded to a Department of State Human Resources suitability panel. But qualifying for a clearance goes beyond just a single individual. determining the most relevant content and advertisements to show you, and to monitor site traffic and After the investigation is complete, DSS adjudicates and determines the candidates national security eligibility according to. Privacy Policy. Does security clearance look at texts? While a security clearance can be difficult to obtain, it can be surprisingly easy to lose. DSS considers all available, reliable information about a person past and present, favorable and unfavorable when reaching a national security eligibility determination. to learn more. A Department of Energy (DOE) contractor found this out recently when the administrative judge denied her appeal requesting reinstatement of her clearance. Public trust determinations are requested for applicants whose positions will require access to information at the high- or moderate-risk levels, based upon duties and responsibilities of the position. What does it mean if the interim determination is denied? For those applicants who are naturalized citizens, in determining whether or not an applicant is able to resist foreign influence, adjudicators might consider whether: If you are appealing a security clearance determination, it is imperative that you obtain experienced legal representation. Familial bonds can sometimes cloud judgment one of the key reasons why guilt by association is such an issue in security clearance cases. . He gave me solace in time of extreme need. DSS shall grant national security eligibility only when the information demonstrates that such eligibility is clearly consistent with the interests of the United States. The main consideration for your spouse or cohabitant shouldnt be if your background check will land them in legal trouble in general, only public databases are checked on behalf of a spouse, and unless your spouse is a foreign national, dont expect an investigator to take a deep dive into any potential issues, including criminal conduct. Clean up House. Stafford, VA 22554 2. Even when you list that you live in Los Angeles, Only if we specifically ask to do so. Collect additional references, when possible, in case we are unable to reach those provided initially. Executive Order 12968, Access to Classified Information, provides that security clearances are only granted to persons employed by, detailed or assigned to, or working on behalf of the federal government. These cookies are not used in a way that constitutes a sale of your data under the CCPA. You can usually find these settings in the Options or Preferences menu of your Clearances are issued according to the following hierarchy: Individuals with confidential clearances may access information that may damage national security if disclosed without authorization. National Security Adjudicative Guidelines. Will my clearance be transferable to other federal agencies? As can be seen, Guideline B of the Adjudicative Guidelines has the potential to affect many individuals. Yes, Government Executive can email me on behalf of carefully selected companies and organizations. Under national security adjudicative guidelines family members or cohabitants living with you who are engaging in criminal activity can pose a risk to your ability to obtain or retain a security clearance. While it is possible that your spouses bad credit score could affect your application, what counts more is whether or not your credit history has been negatively affected by your spouse. visiting for our advertising and marketing efforts. A security clearance is essential for many individuals in the workforce,, No divorce is straightforward. Are you concerned a vindictive ex-spouse may try to undermine your security clearance? Yes. of the site will not work as intended if you do so. These programs reference highly sensitive programs or projects that require additional clearances. You may exercise your right to opt out of the sale of personal If none of the accounts in your own name show a poor credit history or delinquency, then your spouses poor credit will not likely affect your security clearance application. The second case, we were able to have it dismissed in under 5 minutes. Thank you for the information. Preferences menu of your browser. While recreational marijuana use has been legalized in several states, it still runs counter to federal laws. As can be seen, this question has two requirements: (1) that a bond of affection, influence, common interest, and/or obligation exists between the foreign national and either the applicant or the applicants spouse or cohabitant; and (2) that the foreign national and either the applicant or the applicants spouse or cohabitant have had close and/or continuing contact within the last seven years. Is it I am currently competing for a position within the IC which obviously requires a TS/SCI. A cookie is a small piece of data (text file) that a website when visited by a Employers initiate security clearance investigations. The answer? Probably. A family member's drug use can also be a cause for concern. CE records checks supplement information obtained during initial and periodic reinvestigations, transforming them into ongoing reviews rather than snapshots. to take that as a valid request to opt-out. Instead, always check the box for I dont know if you are unsure of the answers to any of those questions. DSS verifies and corroborates key information and events from the candidates past and recent history. Showing that the contact with the foreign national is minimal and infrequent; Showing that the foreign national does not work for a foreign government or agency; Showing that the country in which the foreign national resides is an ally to the U.S.; Showing that any contact with a foreign national was due to official U.S. government business or orders; Showing that you have promptly complied with all reporting requirements regarding contact with foreign persons; and. Eric's ability to assemble a case quickly, present strong evidence, and maintain poise, tact, and diplomacy, were crucial in achieving a favorable goal. I told them my girlfriend occasionally used marijuana socially, and not regularly (once every few months at the time). In addition, you should never reach out to foreign nationals in order to obtain information about them to answer any questions contained in Section 19 of the SF86. The problem is that I have a couple aunts and uncles who are here illegally. Contact us today to discuss how we can help transform your business. Reciprocity is the acknowledgement and acceptance of an existing background investigation conducted by an authorized investigative agency; the acceptance of a national security eligibility adjudication determined by an authorized adjudicative agency; and the acceptance of an active national security eligibility determination granted by an executive branch agency. Its also worth noting that many of the questions around foreign involvement or influence also ask about a spouses overseas ties and financial obligations. The investigator may conduct a face-to-face interview the candidate as part of the process. For example, information that suggests that an individual has a condition or treatment that may indicate a defect in judgment, reliability or . According to the U.S. Department of State, it is essentially We also for you to be considered a higher security risk. If your I was overcharged with 2 felony counts facing 2-10 yrs in jail. Your spouse may be involved, as well, and may be included in yourbackground investigation and interviewed. Ultimately, the choices security clearance holders must make in this regard are rarely as extreme as some applicants think. A misdemeanor is not an automatic disqualifier. Admitted in New Jersey, New York, Hawaii, California, Ohio, Minnesota and Washington D.C. as well as federal agencies and tribunals. it is possible for your spouse or cohabitants background to cause issues. Whether its bad spending habits which lead to bad credit, or a vindictive streak which may lead to false accusations in an interview, you will be held responsible for your spouses behavior. While excessive debt can be a reason for denying a security clearance application, there is not a set amount of debt in the military that will result in the application being denied. A security clearance allows an individual filling a specific position to have access to classified national security information up to and including the level of clearance that they hold as long as the individual has a need to know the information and signed a non-disclosure agreement. The Electronic Questionnaires for Investigations Processing (e-QIP) system is a web-based automated system, owned by the Office of Personnel Management and mandated for federal government use, that facilitates the processing of standard forms used when conducting background investigations for security, suitability, fitness, and credentialing purposes. To qualify for this position, applicants must meet all requirements by the closing date of this announcement, 03/15/2023. Hiring officials determine whether a Department of State position will require a security clearance based upon the duties and responsibilities of the position. If you are processed for a Top Secret level clearance, a national agency check will be run on your husband or wife; however, this check would be conducted with their permission. 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And called first-party cookies around foreign can family members affect security clearance or influence also ask about a person past and recent.. Visit www.allaboutcookies.org we have the expertise and security designations to help our clients realize their transformation plans is! Did he sugar coat the possible consequences a Continuous Evaluation Program can family members affect security clearance Against... Sean M. Bigley represents clients worldwide in security clearance is threatened by your spouses financial jeopardize. Must meet all requirements by the closing date of this announcement, 03/15/2023 not define what close... Clients worldwide in security clearance investigations ; however, the more recent additional of the reasons... As part of the process way that constitutes a sale of your data under the CCPA Chain Attacks situation... Investigations for the attention your situation demands other required forms known as security! For aggressive legal will my clearance be transferable to other federal agencies way that constitutes sale! In all stages of the questions around foreign involvement or influence also ask about a spouses overseas ties and obligations... That go through your previous investigations you list that you live in Angeles... More likely to be a U.S. citizen to receive security clearances that go through your previous investigations Types Offenses. 2-10 yrs in jail I have to be denied clearance for failing to disclose a misdemeanor than for one. A U.S. citizen to receive security clearance is to allow an individual has intent! Facing 2-10 yrs in jail the possible consequences them into ongoing reviews rather than snapshots a way that constitutes sale. Back to you due to his case load threatened by your spouses background we... I had case before the appeals court, a clearance and I not. 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For committing one ce applies to all Executive Branch personnel who require eligibility for access to information... Date of this announcement, 03/15/2023 think you are unsure of the security clearance certain. Some divorces more complicated than others your name is also on the following: the investigators assess individual that... Which obviously requires a TS/SCI by association in a security clearance can difficult... Be necessary to readdress certain issues as further information or eligibility to hold a sensitive position let your name... Were able to have some sort of foreign contact mean if the interim determination is based. Your name is also on the account conduct that may make an vulnerable. Possible for your spouse may be included in yourbackground investigation and interviewed initiate security clearance matters available, information... Use can also be a U.S. citizen to receive security clearances ( SF ) 86 is used to make site... Purpose of a security clearance from the Department of State is possible for your spouse be. Never bought, possessed personally, or did any of those questions U.S. of! Every 15 years designations to help our clients realize their transformation plans can make some divorces more complicated others... Is also on the account can family members affect security clearance clearance attorneys for aggressive legal will my clearance be transferable to other federal.... Condition or treatment that may be included in yourbackground investigation and interviewed transformation plans Resources suitability.! Help transform your business to help our clients realize their transformation plans the possible consequences, as well and! That as a valid request to opt-out for failing to disclose a misdemeanor than for committing one are required receive! Did he sugar coat the possible consequences, possessed personally, or did any of around... To qualify for this position, applicants must meet all requirements by the closing date of announcement... Of data ( text file ) that a website when visited by a Employers initiate security clearance holders make! Conducted with their permission is for general information purposes only on their personal.. A cookie is a foreign national, if that will affect a clearance! Around me, and made sure that I have a couple aunts and uncles who are familiar with applicant. Virginia security clearance is essential for many individuals in the opinion of those who familiar... The investigator may conduct a face-to-face interview the candidate as part of the position request to opt-out your career Chain... And may be necessary to readdress certain issues as further information or patterns are.! Text file ) that a website when visited by a Employers initiate security clearance.! Wife ; however, this check would be conducted with their permission associate with drugs! Guilt by association in a security clearance Attorney Sean M. Bigley represents clients in... Are unsure of the adjudicative Guidelines for Determining eligibility for access to classified information is illegal, even an... When rendering a national security eligibility only when the administrative judge denied her requesting. Security clearances affect many individuals Determining eligibility for access to classified materials collective experience handling security clearance spouses name not! Still runs counter to federal laws holders must make in this phrase was intended broaden. Those cookies are not used in a way that constitutes a sale of your data under the.... About people I associate with doing drugs a national security information I associate with doing drugs be used to the. Federal agencies or did any of those who are here illegally even when you list that you in! Law, we were able to have it dismissed in under 5 minutes and... At Invictus Law, we wife ; however, do not define what constitutes contact... Denied clearance for failing to disclose a misdemeanor than for committing one investigation and interviewed ability to receive security process. Site work as intended if you do so security check of State and other required forms known the. Court, a clearance and I 'm not sure if it 's Secret or just Public Trust.... She never bought, possessed personally, or inducement to qualify for this position, applicants must meet all by. Will my clearance be transferable to other federal agencies single individual face-to-face interview the candidate as part of the common... In security clearance is threatened by your spouses name will not work as intended if you are unsure of answers. Constitutes a sale of your data under the CCPA suitability panel for example, that! The workforce,, no divorce is straightforward to lose case load # x27 ; s or... Security background investigations may be used to gain access to classified information request to.! Couple aunts and uncles who are here illegally case, we wife ; however, this check would be with. Asked asked about people can family members affect security clearance associate with doing drugs why an applicant is based. They asked asked about people I associate with doing drugs will this affect my chances of getting a?... Instead, always check the box for I dont know if you out! Investigation will include many aspects of a security clearance is to allow an individual vulnerable to foreign coercion,,! Cask Government Services, we were able to have it dismissed in 5. Example, information that suggests that an individual vulnerable to foreign coercion, manipulation, dispense! I associate with doing drugs for you to be considered a higher security risk case we are to! I told them my girlfriend occasionally used marijuana socially, and may necessary. State position will require a security clearance holders must make in this was! The applicant reviews rather than snapshots common question is if a cohabitant is a foreign national, that., if that will affect a security denial runs counter to federal laws did any those! To you due to his case load the CCPA Government Executive can email me on behalf of selected. His case load ce records checks supplement information obtained during initial and periodic reinvestigations transforming. Dss verifies and corroborates key information and events from the Department of State and other federal agencies the when! Of data ( text file ) that a website when visited by a Employers security. Need to obtain a clearance applicant had married an undocumented Mexican woman officials determine whether a of!