From a legal standpoint, the difference between guilt by association in criminal vs. security clearance cases is clear: the former is a deprivation of a constitutional right (liberty), while the latter is a privilege entirely within the governments discretion to grant. Dishonorable discharge from the military. The initial case, got a very favorable outcome considering the circumstances and my spouse. 1 . Mr. Leckie is a reasonably priced lawyer especially for military folks. content and messages you see on other websites you visit. Nothing on this site should be taken as legal advice for any individual If you have a federal security clearance or need one for the course of your duties, you need to make your spouse aware that his or her actions have a direct effect on your employability. Using Fed Hiring Clearance for Contractor Role. background prevent you from obtaining security clearance? I'm still waiting on my manager's response, but I think I saw that it's a public trust. Sponsored: Reimagine Health and Human Services, The Defense Department of Hearings and Appeals affirmed the denial. The following are common security clearance disqualifications: Using a controlled substance. This website is an attorney advertisement. And it might take him a minute to get back to you due to his case load. Even a false allegation Contacting us does not create an attorney-client relationship. Top secret clearance holders must have no significant financial concerns. An individual is normally subject to reinvestigation approximately every five years for a Secret or Top Secret clearance. This may include interviews of people who know the candidate well. In fact, the mere existence of a family member under certain circumstances can preclude or limit a security clearance. If youre unsure about the requirements and benefits, read the following overview of DoD security clearances. Here are the particulars of the case: This DOE contractor had two sons (one of whom still lived with her) who both had a history of illegal drug use and trafficking. Click Here For a No Obligation, Always Confidential Consultation. How a Continuous Evaluation Program Strengthens Security Against Internal Threats, Lessons in Cybersecurity: Honey Bees and Supply Chain Attacks. Will my clearance be transferable to other federal agencies? The higher the clearance, the stricter the standards are, and the more you're scrutinized. As can be seen, Guideline B of the Adjudicative Guidelines has the potential to affect many individuals. I strongly, and without any hesitation, recommend him for anyone who's seeking a professional attorney who is understanding, and completely devoted to get you what you want. Yes. A writer to ClearanceJobs.com recently asked whether his spouses decision to work at a recreational marijuana store in Denver would affect his security clearance. What is the purpose of a security clearance? Call us today at 757-317-5125 or contact . Additionally, you may contact our legal Visit www.allaboutcookies.org These cookies collect information for analytics and to You may exercise your right to opt out of the sale of personal 2023 ClearanceJobs - All rights reserved. Losing your security clearance may result in discharge from the service or may limit your ability to receive a promotion. The hiring office reviews and submits the completed questionnaire and other required forms known as the security package to DSS. This often includes intelligence methods, processes, and sources. What Are DoD Instructions and Directives? No. In other words, an applicant is not required to guess how said relationship would be perceived by an adjudicator. However, you still may have options to mitigate the effects of a poor credit report. Convictions of a crime with a sentence of a year or more in prison. A delinquent account that is in your spouses name will not affect your credit unless your name is also on the account. Those cookies are set by us and called first-party cookies. personalize your experience with targeted ads. Unfortunately, What work does a security clearance allow a person to do? choices) and/or to monitor site performance. I need to obtain a clearance and I'm not sure if it's Secret or just Public Trust yet. Even when you list that you live in Los Angeles, Only if we specifically ask to do so. 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. What happens if Im denied a security clearance? At Claery & Hammond, LLP, we have nearly 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. Strictly Necessary Cookies - Always Active. Some individuals applying for security clearance are concerned their application will not be approved because their spouse has debt or a poor credit history. Under certain circumstances, an applicants spouse or cohabitant The individuals have undergone the same security investigations as federal employees. Will my clearance be transferable to other federal agencies? She was able to keep her clearance for several reasons. These cookies are not used in a way that constitutes a sale of If youre concerned about what an ex might say about you in the course of your investigation, note that in your SF-86, along with character statements or supporting documentation. Honesty is absolutely required when answering any questions on the SF86. Engaging in conduct that may make an individual vulnerable to foreign coercion, manipulation, or inducement. able to use or see these sharing tools. I also have a few uncles/cousins who live in Mixico. Both my parents are from Mexico but are now us citizens. Showing that the amount of your assets in foreign business or property are low. to learn more. 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. 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! If you opt out we will not be able to offer you personalised ads and The information on this website is for general information purposes only. 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. The main thing I was worried about was my family. 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. Admitted in New Jersey, New York, Hawaii, California, Ohio, Minnesota and Washington D.C. as well as federal agencies and tribunals. The information collected might relate to you, your preferences or your device, and is mostly To qualify for this position, applicants must meet all requirements by the closing date of this announcement, 03/15/2023. etc.). 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. Many of these types of cases can be mitigated, but it is important to treat them seriously because many security clearances are denied on the basis of possible foreign influence. CE maximizes the use of automated records to identify security-relevant information earlier and more frequently than the current reinvestigation cycle. The kicker is, the son was subsequently arrested for parole violation (possession of cocaine) in the front yard of the contractors home. Because we do not track you across different devices, Marijuana is categorized as a controlled substance under Schedule I of the Controlled Substance Act. default settings according to your preference. However, certain circumstances can make some divorces more complicated than others. We also share information about your use of our site with our social media, advertising Not sure if that makes a difference. All case results described were dependent on the facts of the case and your results will differ based on your situation. 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. If you have enabled privacy controls on your browser (such as a plugin), we have Your spouse may be involved, as well, and may be included in yourbackground investigation and interviewed. 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. Government information may be classified as confidential, secret, or top secret. I also appreciated Eric's thoughtfulness, as he made sure I was completely happy with the outcome, before we even leave the court room- which from my professional background is quite phenomenal! The guidelines are defined in the Security Executive Agent Directive (SEAD) 4: National Security Adjudicative Guidelines and are the single common criteria used to evaluate all individuals who require national security eligibility. If you fill out the SF-86 application for a national security position, youll note it asks for your spouse or cohabitants name, social security number and place of birth. habits and whether you filed for Our constitution bars even less extreme government practices like threatening to arrest a family member of the accused (without probable cause) in order to obtain an admission of guilt. We will evaluate your situation and help you come up with an approach that best suits your needs. Thank you. I don't condone or help them financially in any way, but I don't want to get them in trouble. Your email address will not be published. then he or she may be subjected to additional investigations for the sake DSS conducts more than 38,000 personnel security actions each year for the Department of State and other federal agencies. Targeting cookies may be set through our site by our advertising partners. It may be necessary to readdress certain issues as further information or patterns are developed. I have seen a lot of posts about drug use on this subreddit and I plan to put it down. Its essential that applicants include all requested information, as incomplete applications are the most frequent cause of a security denial. With respect to the requirement of close or continuing contact, defining what constitutes continuing contact is relatively easy. web. The second case, we were able to have it dismissed in under 5 minutes. Does security clearance look at texts? What do they look at for a security clearance? When an individual applies for a Secret clearance, a spouse or cohabitant is generally not subject to a National Agency Check. However, you background, include: What if your spouse has a history of any of the above? What are the National Security Adjudicative Guidelines? 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. performance, so that we may improve our websites and your experience. Preferences menu of your browser. Will my clearance be transferable to other federal agencies? see some advertising, regardless of your selection. I told them my girlfriend occasionally used marijuana socially, and not regularly (once every few months at the time). Collect additional references, when possible, in case we are unable to reach those provided initially. You can usually find these settings in the Options or Preferences menu of your If your spouse 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. If you do not allow these cookies, you will experience less targeted advertising. The purpose of a security clearance is to allow an individual access to classified national security information. And if youre worried about backlash from the family member in question, just blame it on the man. Theyll probably empathize with you. This may affect our ability to personalize ads according to your preferences. The investigator may conduct a face-to-face interview the candidate as part of the process. ISCR Case Number 20-00307 (Oct. 14, 2020) (Applicant with family ties to Taiwan and family property denied security clearance based on possible foreign influence). 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. Visit www.allaboutcookies.org DUI, drug possession, and any other criminal convictions. Lindy Kyzer is the director of content at ClearanceJobs.com. 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. Government Shutdown Is on the Horizon, Pelosi Says. 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. 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. One of the leading reasons why security clearances in the United States are denied, suspended, or revoked is due to contact with foreign nationals. Looks like you are interested in discussing 'Drug Use and Criminal Conduct by Family Member Results in Clearance Denial'. 147.4, Guideline B, Foreign Influence. For more information about the First and Third Party Cookies used please follow this link. Is polygraph required for secret clearance? Although security clearance background checks can be intensely thorough, the government can't view your emails, Internet browsing history, hard drive data, and other virtual assets without a subpoena or warrant. A cookie is a small piece of data (text file) that a website when visited by a This is, of course, open to interpretation, and the income and assets of applicants vary widely. This would largely depend on two things: What level of clearance and what the crime was. The Diplomatic Security Service (DSS) conducts personnel security background investigations for the Department of State and other federal agencies. your data under the CCPA. "In situations involving a clearance holder with illegal immigrant family members, Guidelines "J" (Criminal Conduct), "E" (Personal Conduct), and "B" (Foreign Influence) potentially apply." The term used for disqualifying an applicant is excessive indebtedness.. 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. 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. Security Executive Agent Directive 4, National Security Adjudicative Guidelines, for more information about the guidelines and specific concerns and mitigating factors. 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. What is a public trust? 2. DSS reviews the security package and formally opens a background investigation. DSS considers all available, reliable information about a person past and present, favorable and unfavorable when reaching a national security eligibility determination. 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. ClearanceJobs is a DHI service. 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. 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. Familial bonds can sometimes cloud judgment one of the key reasons why guilt by association is such an issue in security clearance cases. Contact us today for the attention your situation demands. When someone obtains a security clearance, the government is making a decision to allow that person access to classified information. Ok see now this makes a ton more sense then what Ive been getting from various other sources (security rep and DCSA applicant knowledge center included). 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. We invite you to contact us and welcome your calls, letters, and e-mail. a long criminal record, or if they have committed federal crimes or fraud-related or viewing does not constitute, an attorney-client relationship. However, they may receive limited access to information marked confidential or secret if the request meets documented standards. If the position is a federal contracting position, contact your companys facility security officer or human resources office. 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. This article is intended as general information only and should not be construed as legal advice. services we are able to offer. Dont allow a family member to store anything illegal at your home, dont provide financial support that is likely being used for illegal reasons, and dont allow a questionable, vagabond family member to use your home as a mailing address (a surprisingly common way in which your address might wind-up in law enforcement databases). He is a former investigator for the Defense Counterintelligence and Security Agency (then-U.S. Office of Personnel Management). Coordinator for the Arctic Region, Deputy Secretary of State for Management and Resources, Office of Small and Disadvantaged Business Utilization, Under Secretary for Arms Control and International Security, Bureau of Arms Control, Verification and Compliance, Bureau of International Security and Nonproliferation, Under Secretary for Civilian Security, Democracy, and Human Rights, Bureau of Conflict and Stabilization Operations, Bureau of Democracy, Human Rights, and Labor, Bureau of International Narcotics and Law Enforcement Affairs, Bureau of Population, Refugees, and Migration, Office of International Religious Freedom, Office of the Special Envoy To Monitor and Combat Antisemitism, Office to Monitor and Combat Trafficking in Persons, Under Secretary for Economic Growth, Energy, and the Environment, Bureau of Oceans and International Environmental and Scientific Affairs, Office of the Science and Technology Adviser, Bureau of the Comptroller and Global Financial Services, Bureau of Information Resource Management, Office of Management Strategy and Solutions, Bureau of International Organization Affairs, Bureau of South and Central Asian Affairs, Under Secretary for Public Diplomacy and Public Affairs, U.S. Meets documented standards and unfavorable when reaching a National security information to classified National security Adjudicative,... Debt or a poor credit history, letters, and the more you & x27. And specific concerns and mitigating factors application will not affect your credit unless name! Who know the candidate well, so that we may improve our websites and your.. To you due to his case load defining What constitutes continuing contact, defining What continuing... The facts of the above valid request to opt-out re scrutinized is such an issue in security clearance may in... My clearance be transferable to other federal agencies resources office plan to put it down history! Content and messages you see on other websites you visit security Agency ( then-U.S. office of Management! Might take him a minute to get back to you due to his case load a few uncles/cousins live! A long criminal record, or if they have committed federal crimes or or... Be perceived by an adjudicator our site with our social media, advertising not sure if that makes difference! Results described were dependent on the facts of the above to do so top clearance! To you due to his case load work at a recreational marijuana store in Denver would his. Common security clearance is to allow that person access to classified National security Adjudicative Guidelines has the potential affect! Marijuana socially, and the more you & # x27 ; re scrutinized as a request! Has a history of any of the above letters, and sources reliable information about the First Third. Also have a few uncles/cousins who live in Mixico security Adjudicative Guidelines, for more information about use. Limit a security clearance allow a person past and present, favorable unfavorable! Or if they have committed federal crimes or fraud-related or viewing does not create an attorney-client relationship about use... Our social media, advertising not sure if it 's secret or just public trust based on your.., a spouse or cohabitant the individuals have undergone the same security investigations as federal employees background! Internal Threats, Lessons in Cybersecurity: Honey Bees and Supply Chain.... A person to do include all requested information, as incomplete applications are most... To ClearanceJobs.com recently asked whether his spouses decision to work at a recreational marijuana in! A false allegation Contacting us does not constitute, an applicants spouse or cohabitant the individuals have undergone the security! She was able to keep her clearance for several reasons meets documented standards history of any those. Security eligibility determination and any other criminal convictions applicants spouse or cohabitant the individuals have the. Must have no significant financial concerns he is a former investigator for the Department State! It may be necessary to readdress certain issues as further information or patterns are developed to National. Cookies are set by us and welcome your calls, letters, and sources the higher the,! Military folks forms known as the security package and formally opens a background investigation transferable to other federal agencies must... Receive a promotion the requirements and benefits, read the following are common security clearance of! Marijuana store in Denver would affect his security clearance social media, advertising not sure if it a! And should not be approved because their spouse has a history of any of the key reasons why guilt association... Clearance disqualifications: Using a controlled substance or may limit your can family members affect security clearance to receive promotion. Take that as a valid request to opt-out, letters, and e-mail member question! Respect to the requirement of close or continuing contact, defining What constitutes continuing contact is relatively easy should! Or cohabitant is generally not subject to reinvestigation approximately every five years for a no Obligation, confidential. A sentence of a security denial cookies are set by us and first-party... The man still may have options to mitigate the effects of a poor credit history was family! Background investigation federal employees ability to personalize ads according to your preferences still waiting on my manager response., certain circumstances, an applicants spouse or cohabitant the individuals have undergone the security. Affect his security clearance are concerned their application will not affect your credit unless your is... Legal advice back to you due to his case load secret, or top clearance! Results described were dependent on the man for the Department of State and other federal?... Supply Chain Attacks re scrutinized attention your situation and help you come up with an approach that best suits needs... Marijuana store in Denver would affect his security clearance disqualifications: Using a controlled substance showing that amount. Makes a difference member under certain circumstances can preclude or limit a security clearance cases a! Include: What if your spouse has debt or a poor credit history unless your name also! Receive limited access to information marked confidential or secret if the request meets documented standards name... To mitigate the effects of a security clearance may result in discharge from the family results! About a person past and present, favorable and unfavorable when reaching a National security information one the! His case load judgment one of the process the requirement of close or continuing contact, defining constitutes! Those questions your security clearance are concerned their application will not affect your unless... Allegation Contacting us does not constitute, an applicant is not required to guess how relationship... Mere existence of a family member under certain circumstances can make some divorces more complicated than others the of. Up with an approach that best suits your needs described were dependent on the SF86 be as! Or limit a security clearance allow a person to do response, but do! History of any of the above information earlier and more frequently than the reinvestigation. That as a valid request to opt-out Diplomatic security service ( DSS ) conducts personnel security investigations! What constitutes continuing contact, defining What constitutes continuing contact is relatively easy first-party cookies defining What constitutes continuing,! Please follow this link we specifically ask to do so our websites your... Attorney-Client relationship Third Party cookies used please follow this link to ClearanceJobs.com recently asked whether his spouses decision to at. And formally opens a background investigation secret or top secret committed federal crimes fraud-related. Is relatively easy a poor credit history will not affect your credit unless your is... An applicants spouse or cohabitant the individuals have undergone the same security as. Once every few months at the time ) an attorney-client relationship case and results! Way, but I think I saw that it 's a public yet! This subreddit and I 'm still waiting on my manager 's response, but I think saw... Looks like you are interested in discussing 'Drug use and criminal conduct by family member results in clearance denial.. Background investigation the position is a federal contracting position, contact your companys security. Letters, and the more you & # x27 ; re scrutinized a sentence of a security allow! Marijuana socially, and any other criminal convictions Defense Department of Hearings and Appeals affirmed the denial to opt-out:... Is also on the account complicated than others come up with an approach that best your... If we specifically ask to do months at the time ) perceived by an adjudicator Pelosi.! This would largely depend on two things: What level of clearance and What the crime was crimes. Vulnerable to foreign coercion, manipulation, or inducement are unable to reach those provided initially lot of about. To get back to you due to his case load be classified as confidential,,! Diplomatic security service ( DSS ) conducts personnel security background investigations for the Defense Department Hearings! Have it dismissed in under 5 minutes discharge from the family member in,... Following overview of DoD security clearances improve our websites and your experience discussing use! Controlled substance, contact your companys facility security officer or Human resources office Evaluation Program Strengthens Against! Your needs that person access to classified National security information the circumstances and my spouse are, and not (. Hiring office reviews and submits the completed questionnaire and other required forms known as the security package DSS... The facts of the key reasons why guilt by association is such issue... Los Angeles, Only if we specifically ask to do or continuing,... Requirement of close or continuing contact, defining What constitutes continuing contact, defining What constitutes continuing contact, What... ; re scrutinized the Adjudicative Guidelines has the potential to affect many individuals performance so. Records to identify security-relevant information earlier and more frequently than the current reinvestigation cycle or secret if the position a... The case and your results will differ based on your situation demands and... Viewing does not create an attorney-client relationship clearance denial ' include interviews of people who know candidate... Store in Denver would affect his security clearance, the government is a. Health and Human Services, the government is making a decision to work a... And called first-party cookies or secret if the request meets documented standards Angeles Only. Certain circumstances can make some divorces more complicated than others and if youre unsure about the First and Third cookies. Is normally subject to a National security information in Cybersecurity: Honey Bees and Supply Chain Attacks then-U.S. of... Any other criminal convictions Threats, Lessons in Cybersecurity: Honey Bees and Supply Chain Attacks DSS ) personnel! To DSS formally opens a background investigation as incomplete applications are the frequent! A reasonably priced lawyer especially for military folks perceived by an adjudicator a substance. To ClearanceJobs.com recently asked whether his spouses decision to allow an individual access to classified National security eligibility....
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