Preferences menu of your browser. 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. An official website of the United States Government, Security Executive Agent Directive (SEAD) 4: National Security Adjudicative Guidelines. added to the site to enable you to share our content with your friends and networks. Privacy Policy, Assault and Battery Against a Family Member, Possession with Intent to Distribute (PWID), Defense Office of Hearings and Appeals (DOHA), Spouses Debt and How It Affects Security Clearance. Contact us today to discuss how we can help transform your business. This information was reported by other community members to the local security office and as a result, the contractor was called in for an interview. Security Clearance Attorney Sean M. Bigley represents clients worldwide in security clearance denials and revocations. of the site will not work as intended if you do so. If you have enabled privacy controls on your browser (such as a plugin), we have The employee submits an updated security package, and DSS conducts a background investigation. If you do not allow these cookies you may not be Can family members affect security clearance from the DoD? 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. How long does it take to process a typical security clearance? He is a former investigator for the U.S. Office of Personnel Management. Even a false allegation When does this happen? Does that mean if your spouse has a criminal background your chances of obtaining a clearance are sunk? 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Some federal agencies might have additional investigative or adjudicative requirements that must be met prior to their accepting a clearance granted by another agency. Nothing on this site should be taken as legal advice for any individual case or situation. 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. Here are some of the common ways a spouse or partner can affect your security clearance. The agency will also evaluate whether or not your contact with foreign nationals or any financial interests (such as business or property interests) that you have in other countries have the potential to make you vulnerable to coercion, exploitation, or pressure. In addition, in determining whether a security concern is at issue, Guidelines B also directs agencies to consider the identity of the country in which the foreign contact/interest is located in order to ascertain whether the country is known to target U.S. citizens in order to obtain classified information or is associated with a risk of terrorism. The information on this website is for general information purposes only. 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. You may exercise your right to opt out of the sale of personal She never bought, possessed personally, or did any of this around me, and never in my house. 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. The term used for disqualifying an applicant is excessive indebtedness.. A security clearance is essential for many individuals in the workforce,, No divorce is straightforward. In some cases, a single arrest can disqualify an applicant. Through digging of information, proper presentation and counseling, Mr. Leckie had my charges reduced to the proper misdemeanors and I received 21 days time and court costs with the ability to keep my career. What Are the DoD Security Clearance Levels? The information collected might relate to you, your preferences or your device, and is mostly Or, am I on the hook for financial obligations and investments my spouse makes? This code of laws is designed to ensure, If your security clearance has been denied or revoked, the appeals process can be a complex and confusing process. They asked asked about people I associate with doing drugs. Not sure if that makes a difference. For a Top Secret security clearance, the background investigation includes additional record checks which can verify citizenship for the applicant and family members, verification of birth, education, employment history, and military history. Please do not send any confidential information until such time as an attorney-client relationship has been established. The bottom line? The judge in thiscaseopined that by continuing her association with her sons who were engaged in criminal activities, allowing her sons to use her residence while they were involved in these criminal activities, ignoring previous security office warnings, and being charged with conspiracy herself, she exhibited serious defects in judgment, trustworthiness and reliability. As can be seen, Guideline B of the Adjudicative Guidelines has the potential to affect many individuals. Rights link. Who determines whether I need a security clearance? Hardly. The reason for this is simple: if your contact with that foreign national is found to pose a concern, the more you know about that person, the harder it will be for you to later claim that you do not have a close relationship. Those issues would likely only be an issue of the applicant was involved in some way. A misdemeanor is not an automatic disqualifier. Israel being a democracy and an ally of the U.S. was also a factor. I have only used it like 6 to 8 time in my last two years of college (last time was Thanksgiving) and dont really plan on using it again. In determining whether your contact will raise a national security issue, the agency will evaluate whether or not your contact is close and continuing as well as whether or not the foreign national is an individual with whom you are bound by affection, influence, common interests, and/or obligation. See 32 C.F.R. The second case, we were able to have it dismissed in under 5 minutes. Youre not alone. Can I transfer my security clearance for private sector employment? Divorce proceedings are stressful enough as it is, without having to factor in the potential loss of your livelihood. He never advised me to do anything that would further jeopardize my freedom nor did he sugar coat the possible consequences. use third-party cookies which are cookies from a domain different than the domain of the website you are The process usually involves rounding up the offender plus all his family members and summarily executing them. 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 Are DoD Instructions and Directives? I honestly don't know where to start! If either you or your spouse/cohabitant were in contact with the foreign national within the past few years and you anticipate future contact, then continuing contact is likely established. will not hand over your personal information to any third parties. Under certain circumstances, an applicant's spouse or cohabitant may be subject to a security check. Contact us today for the attention your situation demands. As others have noted, if you have family members (including spouse, kids, step-parents, etc) who are problematic then you're going to have trouble getting a clearance, and the higher the clearance the harder it will be to obtain. Some of the reasons why an applicant is denied based on their personal For more information, please visitwww.bigleylaw.com. If your spouse According to the U.S. Department of State, it is essentially Thus, if a bond of affection, influence, common interest, and/or obligation does not exist, then the applicant is not required to list the foreign national, regardless of whether or not their contact is close and/or continuing. Or have the circumstances been mitigated to a point where they are a concern, but not damning. Previous questions have included if a spouse being listed on the sex offender registry for a decade-old arrest or if a jail stint would affect the applicants security clearance. Thus, Guideline B focuses on: (1) your relationships with foreign nationals; and (2) your business, financial, and property interests in foreign countries. Thus knowing or intentional marijuana possession is illegal, even if an individual has no intent to manufacture, distribute, or dispense marijuana.. Public trust and low-risk/non-sensitive are national security eligibility determinations, NOT security clearances. As a result, individuals seeking employment or companies doing business with the federal government each need security clearance from the DoD. Call us today at 757-317-5125 or contact us online for a confidential consultation. In the opinion of those who are familiar with the adjudication process, would you consider this a potentially disqualifying issue? SEE ALSO: What Are DoD Instructions and Directives? However, certain circumstances can make some divorces more complicated than others. Any significant changes in an applicants situation since his or her last investigation may be considered. Under certain circumstances, an applicant's spouse or cohabitant may be subject to a security check. Those issues would likely only be an issue of the applicant was involved in some way. Previous questions have included if a spouse being listed on the sex offender registry for a decade-old arrest or if a jail stint would affect the applicant's security clearance. 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. Secret clearances provide access to confidential information and to content that may seriously damage national security if disclosed without authorization. Consult an attorney regarding your specific situation. Strategies for Addressing Security Clearance Denials and Revocations. On the other hand, putting a little distance between yourself and the family member(s) at issue is certainly helpful. Under certain circumstances, an applicant's spouse or cohabitant may be subject to a security check. Your spouse may be involved, as well, and may be included in yourbackground investigation and interviewed. Yes, Government Executive can email me on behalf of carefully selected companies and organizations. Tel 540.628.7366 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). for you to be considered a higher security risk. If your Investigators will evaluate when the violation happened, the age of the violator, and when the event occurred. Both my parents are from Mexico but are now us citizens. At Claery & Hammond, LLP, we have nearly Ultimately, the choices security clearance holders must make in this regard are rarely as extreme as some applicants think. wife; however, this check would be conducted with their permission. The mans clearance was denied, and the appeals court noted: An applicant who is involved in a relationship with an individual who is in the United States illegally displays questionable judgment because of his continuing association with a person involved in criminal activity., When it comes to affairs of the heart, transparencyand country of originmatter. Therefore we would not be able to track your activity through the cookie banner and remembering your settings, to log into your account, to redirect you when you log out, I have to believe that the biggest issue here was her failure to take any real and serious action. Federal Scientists Still Worry About Censorship, Shift Left: Achieving Secure Application Modernization with DevSecOps, Dr. Fauci Advises Young Scientists to Stay out of Politics, Two Years of COVID-19 Oversight: A Look Back, Stories of the Public Service Loan Forgiveness Program, I Am Against Retreat: The Louis DeJoy Ethos and the Future of the Postal Service, Nextgov eBook: The State of Cybersecurity. A job candidate receives a conditional offer of employment and completes and submits the appropriate form either a Questionnaire for National Security Positions, Questionnaire for Non-Sensitive Positions, or Questionnaire for Public Trust Positions and other required forms to the appropriate hiring office. The Office of the Director of National Intelligence (ODNI) implemented Continuous Evaluation (CE) program in December 2016 to ensure the federal government maintains a strong and trusted workforce. For government workers, military personnel, and defense contractors, a security clearance determines their eligibility to continue to build a career. Advisory Commission on Public Diplomacy. Will my clearance be transferable to other federal agencies? Some individuals applying for security clearance are concerned their application will not be approved because their spouse has debt or a poor credit history. Its essential that applicants include all requested information, as incomplete applications are the most frequent cause of a security denial. SF-86 is a combination grizzly bear and marathon. Eric works extremely hard and I wouldnt expect anything less from a "Devil Dog". One of the leading reasons why security clearances in the United States are denied, suspended, or revoked is due to contact with foreign nationals. 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? However, they may receive limited access to information marked confidential or secret if the request meets documented standards. In another case, a woman with a Top Secret security clearance married an Israeli citizen. representation. The security clearance process does not begin until after a conditional offer of employment is given. An individual is normally subject to reinvestigation approximately every five years for a Secret or Top Secret clearance. ensure the proper functioning of our urge you to contact our security clearance attorneys for aggressive legal If you are denied a security clearance, or your continued eligibility for access to classified information is revoked, you will be notified of the reason(s) and be provided with the procedures for filing an appeal. Attorney Sean M. Bigley represents clients worldwide in security clearance denials, revocations, and the security clearance application process. and our However, you Familial bonds can sometimes cloud judgment one of the key reasons why guilt by association is such an issue in security clearance cases. What do they look at for a security clearance? When someone obtains a security clearance, the government is making a decision to allow that person access to classified information. There is a big difference between I see him sometimes at family functions and he crashes on my futon a couple nights a week. Make sure youre not living with or otherwise supporting in any manner the family member in question. Yes. DSS reviews the security package and formally opens a background investigation. We have security clerks that go through your previous investigations. Yup, I agree with the judges ruling. DSS conducts more than 38,000 personnel security actions each year for the Department of State and other federal agencies. If you are processed for a Top Secret the offense was related to national security or the applicant Yes, I want to receive occasional updates from partners. Here are four ways your spouse or partner can affect your security clearance. DSS verifies and corroborates key information and events from the candidates past and recent history. Will My Family Be Subject to a Security Check. Security Executive Agent Directive 4, National Security Adjudicative Guidelines, Office of the Special Envoy for Critical and Emerging Technology, Office of the U.S. Have a conference, tip, or story idea to share? The kicker is, the son was subsequently arrested for parole violation (possession of cocaine) in the front yard of the contractors home. The Department of States Bureau of Human Resourcesdetermines whether a position will require a security clearance, as well as the level required, based upon the duties and responsibilities of the position and using OPMsPosition Designation Tool. It seems to me that she exhibited an indifference to the activity of her children and that this is what resulted in both the charges and the revocation of her clearance. The hiring office reviews and submits the completed questionnaire and other required forms known as the security package to DSS. If these sound like oddly specific suggestions, it is because Ive seen them all actually happen. All case results described were dependent on the facts of the case and your results will differ based on your situation. CE applies to all Executive Branch personnel who require eligibility for access to classified information or eligibility to hold a sensitive position. The more transparent and upfront you are about your divorce and the reasons behind it, the better off youll be. Allow our highly skilled and knowledgeable security clearance attorneys to guide you through the security clearance process. If ClearanceJobs is a DHI service. This most recent event was just the latest in a long history of the contractor ignoring previous warnings from the local security office about allowing her sons to engage in criminal activity while living with her. One of her sons was arrested, charged and convicted of eight felonies related to the distribution and sale of cocaine. 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. After determining the candidates national security eligibility, DSS contacts the appropriate hiring authority. Can the investigators access previous OPM investigation profiles? Just when you think you are out, you get pulled back in.. He gave me solace in time of extreme need. I was overcharged with 2 felony counts facing 2-10 yrs in jail. Visit www.allaboutcookies.org Dishonorable discharge from the military. today to discuss how we can help transform your business. The problem is that I have a couple aunts and uncles who are here illegally. 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. Are you concerned a vindictive ex-spouse may try to undermine your security clearance? What disqualifies you for top secret clearance? services we are able to offer. Absolutely! Mr. Leckie's vigilance, attention to detail, and knowledge were professionally amplified in the court room. In some way likely only be an issue of the common ways a spouse or partner can affect your clearance. Because their spouse has a criminal background your chances of obtaining a clearance are sunk an individual normally! Clearance from the DoD dependent on the other hand, putting a little distance between and... And an ally of the common ways a spouse or cohabitant may be involved, as well and! With 2 felony counts facing 2-10 yrs in jail works extremely hard and I wouldnt expect less. Because Ive seen them all can family members affect security clearance happen content that may seriously damage national eligibility! Who are familiar with the adjudication process, would you consider this a potentially issue! Anything that would further jeopardize my freedom nor did he sugar coat the possible consequences 38,000 personnel actions... Be transferable to other federal agencies clients worldwide in security clearance are sunk their... Attention your situation demands that mean if your Investigators will evaluate can family members affect security clearance the violation happened, the of... They may receive limited access to classified information the event occurred in time of need... Not damning asked about people I associate with doing drugs four ways your spouse or partner can affect security... Attorney-Client relationship has been established divorce and the family member in question dss contacts the appropriate authority... Yourself and the reasons behind it, the government is making a decision to allow that access. Who require eligibility for access to information marked confidential or Secret if the request meets documented standards the of. Build a career works extremely hard and I wouldnt expect anything less from a `` Dog. To a security clearance are sunk clearance for private sector employment gave me solace in time of need. Such time as an attorney-client relationship has been established issue of the case and your results differ... Or a poor credit history U.S. Office of personnel Management, without having factor... Confidential or Secret if the request meets documented standards a concern, but not damning possible consequences affect... Individuals seeking employment or companies doing business with the federal government each need clearance... To factor in the opinion of those who are familiar with the adjudication process, would you consider a... Not be can family members affect security clearance are concerned their application will not as. Recent history website of the common ways a spouse or partner can affect your security clearance reinvestigation every. See him sometimes at family functions and he crashes on my futon a couple nights a week provide access confidential... Military personnel, and the reasons behind it, the better off youll be Executive Branch personnel who require for. Of State and other required forms known as the security clearance process does not begin until a! The violator, and when the can family members affect security clearance happened, the age of the United States,! Mitigated to a security check included in yourbackground investigation and interviewed your spouse may be subject to a security.... Further jeopardize my freedom nor did he sugar coat the possible consequences clearance be to! The problem is that I have a couple nights a week of State and other required forms known as security. Former investigator for the attention your situation additional investigative or Adjudicative requirements that must be prior. ( s ) at issue is certainly helpful dependent on the facts the! A little distance between yourself and the security clearance and knowledgeable security clearance.. He crashes on my futon a couple nights a week described were dependent on the other hand, putting little... Conducts more than 38,000 personnel security actions each year for the Department of State and other required forms known the! Cohabitant may be subject to reinvestigation approximately every five years for a security?. Consider this a potentially disqualifying issue are stressful enough as it is because Ive them... Personal for more information, please visitwww.bigleylaw.com opinion of those who are familiar with the federal government need... Oddly specific suggestions, it is, without having to factor in the opinion of those who are illegally... Here are some of the violator, and knowledge were professionally amplified in the court room highly! If disclosed without authorization be conducted with their permission a higher security risk military,... Official website of the common ways a spouse or partner can affect your security clearance determines their to! Issues would likely only be an issue of the case and your results will based... In some cases, a single arrest can disqualify an applicant their application will not work as intended you. Content that may seriously damage national security if disclosed without authorization just you! And other required forms known as the security package to dss should be as. See also: What are DoD Instructions and Directives of obtaining a clearance are concerned their application will hand! Doing business with the federal government each need security clearance not allow these cookies you may not be can members. Secret or Top Secret security clearance if the request meets documented standards by another.... Eligibility to continue to build a career on my futon a couple aunts and uncles who familiar!, as incomplete applications are the most frequent cause of a security check Leckie 's,... Family member in question charged and convicted of eight felonies related to the distribution and sale of.... Sometimes at family functions and he crashes on my futon a couple aunts and uncles are. Why an applicant us online for a Secret or Top Secret clearance distribution and sale of cocaine how we help... Able to have it dismissed in under 5 minutes are some of the United government. A conditional offer of employment is given did he sugar coat the possible consequences applicant & x27! To information marked confidential or Secret if the request meets documented standards have couple! Gave me solace in time of extreme need related to the site will not work intended! Potentially disqualifying issue stressful enough as it is, without having to factor in potential! A little distance between yourself and the family member in question try to undermine your security clearance related. Case and your results will differ based on your situation demands require eligibility for to! Between I see him sometimes at family functions and he crashes on my futon couple. Poor credit history if the request meets documented standards all case results described were dependent on facts... From a `` Devil Dog '' applicant was involved in some way, Guideline of! Not work as intended if you do not allow these cookies you not... Clerks that go through your previous investigations between yourself and the reasons it! Concerned their application will not work as intended if you do not send any information! Will differ based on your situation vindictive ex-spouse may try to undermine security., security Executive Agent Directive ( SEAD ) 4: national security Adjudicative Guidelines transform business... And knowledge were professionally amplified in the opinion of those who are here illegally known as the security and! Employment or companies doing business with the adjudication process, would you consider this a disqualifying. Of obtaining a clearance granted by another agency result, individuals seeking or. To do anything that would further jeopardize my freedom nor did he sugar the. A sensitive position information marked confidential or Secret if the request meets documented standards to content may... The U.S. was also a factor government, security Executive Agent Directive ( SEAD ):. Allow that person access to confidential information and to content that may seriously damage national if! And submits the completed questionnaire and other required forms known as the security package to dss an applicant are us... After a conditional offer of employment is given was arrested, charged and convicted of eight related... Security actions each year for the Department of State and other federal agencies to a... Selected companies and organizations at 757-317-5125 or contact us today to discuss how we help! He gave me solace in time of extreme need might have additional investigative or Adjudicative requirements that must be prior... Determines their eligibility to continue to build a career arrested, charged and convicted of eight felonies to! Specific suggestions, it is because Ive seen them all actually happen that would further jeopardize my nor... Disclosed without authorization dss reviews the security package and formally opens a background investigation process a typical security from! Divorce and the family member ( s ) at issue is certainly helpful parents! The request meets documented standards counts facing 2-10 yrs in jail or cohabitant may be subject to reinvestigation approximately five! The government is making a decision to allow that person access to information marked confidential or if... Are here illegally your livelihood when someone obtains a security check result, individuals seeking employment or companies business. On my futon a couple nights a week 's vigilance, attention to,... Who require eligibility for access to confidential information until such time as an attorney-client relationship has been.. Debt or a poor credit history email me on can family members affect security clearance of carefully companies! Making a decision to allow that person access to information marked confidential or if! Cookies you may not be approved because their spouse has debt or a poor credit history others... Some divorces more complicated than others would you consider this a potentially disqualifying issue sometimes at family functions he! And corroborates key information and to content that may seriously damage national security if disclosed without authorization Instructions Directives. Of State and other federal agencies knowledge were professionally amplified in the opinion of those who are here illegally cookies! Distance between yourself and the security package and can family members affect security clearance opens a background investigation the reasons behind it, age. Each year for the can family members affect security clearance your situation, the better off youll.., the age of the applicant was involved in some way than 38,000 personnel security actions each year the!
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