Hey there! Consult with an experienced Virginia security clearance attorney at Invictus Law. DSS reviews the security package and formally opens a background investigation. A computer sends everything out initially, for all case types. Government information may be classified as confidential, secret, or top secret. The initial case, got a very favorable outcome considering the circumstances and my spouse. 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). Hardly. Another common question is if a cohabitant is a foreign national, if that will affect a security clearance. 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. A foreign national is defined any person who is not a citizen or national of the U.S. 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. Does the CIA check your Internet history? In other words, an applicant is not required to guess how said relationship would be perceived by an adjudicator. For more information, please visitwww.bigleylaw.com. They 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. SCI access is granted for set periods, although there is no limit to the authorized time. This is, of course, open to interpretation, and the income and assets of applicants vary widely. Security Executive Agent Directive 4, National Security Adjudicative Guidelines, for more information about the guidelines and specific concerns and mitigating factors. Time-In-Grade Requirement: Applicants who are current Federal employees and have held a GS grade any time in the past 52 weeks must also meet time-in-grade requirements by the closing date of this announcement.For a GS-12 position you must have served 52 weeks at the GS-11. 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. Showing that the amount of your assets in foreign business or property are low. Will My Family Be Subject to a Security Check. Child and Spousal Support in Virginia Beach, The behavior occurred many years ago or was an isolated incident, The circumstances that created the financial problem were outside of the applicants control, such as a medical emergency, The applicant made an effort to repay the debt. 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. 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. 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. CE records checks supplement information obtained during initial and periodic reinvestigations, transforming them into ongoing reviews rather than snapshots. It may be necessary to readdress certain issues as further information or patterns are developed. 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. Can family members affect security clearance? Youre not alone. ensure the proper functioning of our website (such as prompting our cookie banner and remembering your privacy If you have enabled privacy controls on your browser (such as a plugin), we have In some states, spouses are automatically liable for each others debts. 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. For government workers, military personnel, and defense contractors, a security clearance determines their eligibility to continue to build a career. One of the leading reasons why security clearances in the United States are denied, suspended, or revoked is due to contact with foreign nationals. The more transparent and upfront you are about your divorce and the reasons behind it, the better off youll be. Just because they are your family doesnt mean you arent held to the same standard as other clearance holders. can choose not to allow certain types of cookies, which may impact your experience of the site and the If you do not allow these cookies you may not be habits and whether you filed for Thank you so much Mr. Leckie, you will be our family attorney. The kicker is, the son was subsequently arrested for parole violation (possession of cocaine) in the front yard of the contractors home. security clearance, you will be subjected to a thorough, in-depth background investigation, Email lindy.kyzer@clearancejobs.com. At Cask Government Services, we have the expertise and security designations to help our clients realize their transformation plans. able to use or see these sharing tools. Common sense goes a long way in avoiding security clearance problems. Thank you for the information. Contact us today to discuss how we can help transform your business. A favorable interim determination allows the applicant to start working before the full background investigation is complete and before DSS grants the final national security eligibility determination. Marijuana is categorized as a controlled substance under Schedule I of the Controlled Substance Act. NORTHERN VIRGINIA Some individuals applying for security clearance are concerned their application will not be approved because their spouse has debt or a poor credit history. When is an interim determination granted? crimes, or if they have a strong history of drug abuse, or if they are Therefore we would not be able to track your activity through the Contact us today for the attention your situation demands. Rights link. Different security levels indicate the types of information that individuals may access. One of her sons was arrested, charged and convicted of eight felonies related to the distribution and sale of cocaine. If you opt out we will not be able to offer you personalised ads and Each case varies based on the specific circumstances of the individual subject and the level of security clearance requested. On the other hand, listing a foreign national that an applicant should not have listed on the SF86 it will be difficult to later dispel that a bond exists. Allow our highly skilled and knowledgeable security clearance attorneys to guide you through the security clearance process. If you hold a security clearance and have a bad apple in the family, as far as the government is concerned you might as well be in the mob. services we are able to offer. What disqualifies you for top secret clearance? For example, information that suggests that an individual has a condition or treatment that may indicate a defect in judgment, reliability or . Contact us today for the attention your situation demands. The contractor was also charged for conspiracy since the evidence was found in her house. If the information is disclosed without authorization, then it may cause exceptionally grave damage to national security. A family member's criminal record can affect a person's security clearance. We will evaluate your situation and help you come up with an approach that best suits your needs. use third-party cookies which are cookies from a domain different than the domain of the website you are Top secret clearances require investigation every five years. Your email address will not be published. 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. These cookies are not used in a way that constitutes a sale of 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. it is possible for your spouse or cohabitants background to cause issues. Instead, always check the box for I dont know if you are unsure of the answers to any of those questions. Unless you really are a member of a mafia family, no security clearance adjudicator will expect you to disown your family because of your brothers drug habit, your parents under-the-table business transactions, or your cousins gang membership. A security clearance holder who knows about his spouses illegal habit (or career choice), but chooses to turn the other cheek is similar to the clearance holder who married an illegal immigrant. It's harrowing, lengthy and relentless, and it demands . When will national security eligibility be granted? The hiring office reviews and submits the completed questionnaire and other required forms known as the security package to DSS. 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. 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. 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. Using Fed Hiring Clearance for Contractor Role. 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. Family issues are a part of life for many people; an estranged relative who the applicant is unable to contact or who is incarcerated for reasons entirely unrelated to the security clearance applicant isn't generally going to be problematic absent highly unusual circumstances (e.g. Your email address will not be published. I believe honestly stating his citizenship status will not be a problem for your clearance, but being untruthfulwould hurt you. 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. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship. Do I have to be a U.S. citizen to receive a security clearance from the Department of State? ensure the proper functioning of our 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. Applicants cannot initiate a security clearance application on their own. DSS shall grant national security eligibility only when the information demonstrates that such eligibility is clearly consistent with the interests of the United States. 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. However, they may receive limited access to information marked confidential or secret if the request meets documented standards. Stafford, VA 22554 What Is the UCMJ, and What Types of Offenses Does It Cover? The Diplomatic Security Service (DSS) conducts personnel security background investigations for the Department of State and other federal agencies. However, the more recent additional of the term common interests in this phrase was intended to broaden those relationships subject to coverage. Emotional, Mental and Personality Disorders. 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. Brought to you by ClearanceJobs.com. default settings according to your preference. Hardly. Interested in writing for ClearanceJobs.com? 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. There are circumstances in which limited records checks or an investigation may be conducted on a spouse or cohabitant. 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. You should consult an attorney for advice regarding your individual situation. . Also I was worried about putting down my family's information who are here illegally. Not sure if that makes a difference. 147.4, Guideline B, Foreign Influence. 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. If you marry an illegal immigrant and youre waiting for immigration reform efforts to set the record straight, dont expect a sympathetic clearance determination. 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. 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. Applicants must complete a security questionnaire that forms the basis of the investigations. 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? Those cookies are set by us and called first-party cookies. I would highly recommend Mr. Leckie for any criminal or traffic case you may have. Secret clearances provide access to confidential information and to content that may seriously damage national security if disclosed without authorization. A misdemeanor is not an automatic disqualifier. Will this affect my chances of getting a clearance? You can usually find these settings in the Options or internet device. Divorce proceedings are stressful enough as it is, without having to factor in the potential loss of your livelihood. 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. -EdfarmerIII - I agree with you, this may have been different if the person made an effort to end or remove themselves from illegal activities. She was able to keep her clearance for several reasons. Yes. or viewing does not constitute, an attorney-client relationship. which will look as far back as your youth, it will look at your financial Because we do not track you across different devices, 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. level clearance, a national agency check will be run on your husband or 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. To qualify for this position, applicants must meet all requirements by the closing date of this announcement, 03/15/2023. 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