However, the more recent additional of the term common interests in this phrase was intended to broaden those relationships subject to coverage. Non-US citizens cannot receive security clearance. Eric works extremely hard and I wouldnt expect anything less from a "Devil Dog". Absolutely! 475 Aquia Towne Ctr Dr, Ste 305 Attorney Sean M. Bigley represents clients worldwide in security clearance denials, revocations, and the security clearance application process. What are some typical delays that occur in the security clearance process? Have a conference, tip, or story idea to share? Employees are subject to reinvestigation based on their level of security clearance. However, certain circumstances can make some divorces more complicated than others. with flying colors, but what about your family members? Can you get a DoD security clearance with a misdemeanor? information. The bottom line? Nothing on this site should be taken as legal advice for any individual The hiring office reviews and submits the completed questionnaire and other required forms known as the security package to DSS. able to use or see these sharing tools. internet device. 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. Applicants are more likely to be denied clearance for failing to disclose a misdemeanor than for committing one. If you opt out we will not be able to offer you personalised ads and There are extenuating circumstances that are set forth in the Adjudicative Guidelines for Determining Eligibility for Access to Classified Information, such as in Guideline F, which is as follows: In addition, an experienced security clearance lawyer might suggest you provide information that shows you are capable of using good judgment, such as character references and work performance records. Top secret clearances provide access to information that impacts national security, counterintelligence, and other highly sensitive information. What are the National Security Adjudicative Guidelines? 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. Visit www.allaboutcookies.org Lindy Kyzer is the director of content at ClearanceJobs.com. Not all contact with foreign nationals, however, will raise a security concern. Showing that the amount of your assets in foreign business or property are low. Can the investigators access previous OPM investigation profiles? In fact, the mere existence of a family member under certain circumstances can preclude or limit a security clearance. Secret clearances provide access to confidential information and to content that may seriously damage national security if disclosed without authorization. case or situation. 30 years of collective experience handling security clearance matters. He gave me solace in time of extreme need. The employee submits an updated security package, and DSS conducts a background investigation. 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. A family member's drug use can also be a cause for concern. Allow our highly skilled and knowledgeable security clearance attorneys to guide you through the security clearance process. What Is the UCMJ, and What Types of Offenses Does It Cover? 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. These cookies are not used in a way that constitutes a sale of I told them my girlfriend occasionally used marijuana socially, and not regularly (once every few months at the time). Applicants can help the process by ensuring that they have completed all forms thoroughly and accurately, and when possible, providing additional references who can verify their 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. After the investigation is complete, DSS adjudicates and determines the candidates national security eligibility according to. DUI, drug possession, and any other criminal convictions. Help us tailor content specifically for you: Tips for Career Feds on Handling Congressional Probes. habits and whether you filed for sale of your personal information to third parties. it is possible for your spouse or cohabitants background to cause issues. The security clearance from the DoD requires investigation every 15 years. Fortunately, even if you do have some bad apples in the family, the cause is not lost. What Is the 10/10 Rule in Military Divorce? Privacy Policy. 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. 2023 ClearanceJobs - All rights reserved. Low-risk/non-sensitive determinations are requested for applicants whose positions have low-risk levels, based upon duties and responsibilities of the position. Under certain circumstances, an applicant's spouse or cohabitant may be subject to a security check. Under certain circumstances, an applicant's spouse or cohabitant may be subject to a security check. 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). bankruptcy, and it will search for any history of 147.4, Guideline B, Foreign Influence. Government Shutdown Is on the Horizon, Pelosi Says. DSS verifies and corroborates key information and events from the candidates past and recent history. Those cookies are set by us and called first-party cookies. These cookies collect information for analytics and to Why Deny Hazard Pay For Feds Forced To Take COVID Risks? a vindictive ex-spouse may try to undermine your security clearance? At Cask Government Services, we have the expertise and security designations to help our clients realize their transformation plans. You will still tracking your browser across other sites and building up a profile of your interests. There are circumstances in which limited records checks or an investigation may be conducted on a spouse or cohabitant. Thus, Guideline B focuses on: (1) your relationships with foreign nationals; and (2) your business, financial, and property interests in foreign countries. When is an interim determination granted? and analytics partners. Socializes with individuals outside of their ethnic group. CE records checks supplement information obtained during initial and periodic reinvestigations, transforming them into ongoing reviews rather than snapshots. The initial case, got a very favorable outcome considering the circumstances and my spouse. You should consult an attorney for advice regarding your individual situation. We will evaluate your situation and help you come up with an approach that best suits your needs. You arent going to get very far arguing the constitutionality of guilt by association in a security clearance denial case. CORPORATE HEADQUARTERS If this is done, your spouses credit history will most likely not be an issue when your credit is checked during the security clearance application. Visit www.allaboutcookies.org 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. Each case varies based on the specific circumstances of the individual subject and the level of security clearance requested. What disqualifies you for top secret clearance? When will national security eligibility be granted? Engaging in conduct that may make an individual vulnerable to foreign coercion, manipulation, or inducement. Interested in writing for ClearanceJobs.com? Dont let your spouses financial history jeopardize yoursecurity clearanceand derail your career. Can I transfer my security clearance for private sector employment? ensure the proper functioning of our website (such as prompting our cookie banner and remembering your privacy When you visit our website, we store cookies on your browser to collect How a Continuous Evaluation Program Strengthens Security Against Internal Threats, Lessons in Cybersecurity: Honey Bees and Supply Chain Attacks. ClearanceJobs is a DHI service. Both my parents are from Mexico but are now us citizens. 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. 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. For what reasons would I be denied a security clearance? I'm still waiting on my manager's response, but I think I saw that it's a public trust. Yes, I want to receive occasional updates from partners. 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. (Image via Carsten Reisinger/Shutterstock.com), NEXT STORY: A cookie is a small piece of data (text file) that a website when visited by a Or, am I on the hook for financial obligations and investments my spouse makes? A misdemeanor is not an automatic disqualifier. A computer sends everything out initially, for all case types. 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. Security Clearance Adjudicative Process The clearance process for Secret level access uses an investigation called the National Agency Check with Law and Credit that goes back five years, while the clearance process for Top Secret uses a Single Scope Background Investigation that goes back ten years. Will my clearance be transferable to other federal agencies? Some of the reasons why an applicant is denied based on their personal This may impact the 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. If your spouse However, they may receive limited access to information marked confidential or secret if the request meets documented standards. 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. 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). Can family members affect security clearance? 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. website (such as prompting our cookie banner and remembering your privacy choices) and/or to monitor site 2. Definitely recommend to all my coworkers. Familial bonds can sometimes cloud judgment one of the key reasons why guilt by association is such an issue in security clearance cases. Suppose youre confident that youll pass the background check Security Executive Agent Directive 4, National Security Adjudicative Guidelines, for more information about the guidelines and specific concerns and mitigating factors. 2023 ClearanceJobs - All rights reserved. Doing so will provide you with the best opportunity to obtain or maintain your clearance. He never advised me to do anything that would further jeopardize my freedom nor did he sugar coat the possible consequences. 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. 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. Unfortunately, Yup, I agree with the judges ruling. The main thing I was worried about was my family. They may be granted for the length of a program or only part of a program. Lindy Kyzer is the editor ofClearanceJobs.comand a former Defense Department employee. For more information, please visitwww.bigleylaw.com. The overarching concern that agencies have with respect to National Security Adjudicative Guideline B Foreign Influence is whether or not your contact with a foreign national and/or your financial interest in a foreign country could lead you to compromise classified or sensitive information. security clearance, you will be subjected to a thorough, in-depth background investigation, Here are four ways your spouse or partner can affect your security clearance. Include associates as well as relatives, not previously listed in Section 18? Additionally, the type of crime your relative committed may indeed prohibit your access to materials. Federal agencies will normally accept another agencys investigation as the basis for granting a security clearance, provided the applicants last security clearance investigation was completed within the past five years for a Top Secret clearance and 10 years for a Secret clearance, and there has not been a break in service of more than two years. A public trust background investigation will include many aspects of a full security clearance investigation. Mr. Leckie is a reasonably priced lawyer especially for military folks. Loyalty to the United States and its constitution, Interactions with foreign countries, residents, and officials, Dual citizenship or possession of a foreign passport. These cookies are not used in a way that constitutes a sale of your data under the CCPA. your data under the CCPA. foreign nationals with strong ties to certain countries, it is possible Probably. 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. 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. Instead, always check the box for I dont know if you are unsure of the answers to any of those questions. In the eyes of the federal government, your ability to maintain a relationship of trust, understanding and integrity with your spouse is a reflection of your ability to do so with Uncle Sam. If the position requires access to classified information, a background investigation must be conducted. You cannot opt-out of our First Party Strictly Necessary will not hand over your personal information to any third parties. It may be necessary to readdress certain issues as further information or patterns are developed. Not sure if that makes a difference. Their loyalty to the United States must be consistent with the needs of national security. All Executive Branch agencies use these guidelines when rendering a national security eligibility determination. I agree to the use of my personal data by Government Executive Media Group and its partners to serve me targeted ads. information by using this toggle switch. 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. 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. If you already have a security clearance and begin divorce proceedings, notify your security officer right away. 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. For more information, please visit, Booz Allen Supports Digital Transformation for Taxpayers, SAIC Launches Tenjin - a New Data Science Platform, Undocumented Family Members and Your Security Clearance, www.bigleylaw.com/security-clearance-investigation-records, SF-86 and other Sensitive Data Exposed in U.S. Military Email Spill, The Pentagon is Now Addressing Use of Special Access Program Classification, 10 Defense Contractors Offering Sign-On Bonuses, The Ladder of Incompetence: 5 Reasons We Promote the Wrong People, LastPass Woes Continue, Exposing the Danger of Personal Devices and Home Networks, General Dynamics Land Systems Wins Contract Mod for Mobile Protected Firepower Program, Security Clearance Application Headed for an Upgrade, Spring Storms Brewing Over Social Media Cases in the Supreme Court, Recruitment Scams on the Rise Following Tech Layoffs. Applicants are more likely to be denied clearance for failing to disclose a misdemeanor than for committing one. Their loyalty to the United States must be consistent with the needs of national security. Each level has protocols outlining how the classified information should be handled. DSS shall grant national security eligibility only when the information demonstrates that such eligibility is clearly consistent with the interests of the United States. 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. 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. Eric answered every question I had, as his voice and verbiage demonstrated confidence, and knowledge- which was very comforting to me as a protective parent. background, include: What if your spouse has a history of any of the above? 2022 | All Rights Reserved | The information you obtain at this site is not, nor is it intended to be, legal advice. Contacting us does not create an attorney-client relationship. 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. 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. But guilt by association is a thriving practice in security clearance adjudications. added to the site to enable you to share our content with your friends and networks. 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's harrowing, lengthy and relentless, and it demands . However, you . Another common question is if a cohabitant is a foreign national, if that will affect a security clearance. I believe honestly stating his citizenship status will not be a problem for your clearance, but being untruthfulwould hurt you. Investigators are looking for activities or behaviors that would allow potential compromise. website. Youre not alone. 1. If you have enabled privacy controls on your browser (such as a plugin), we have During the polygraph phase I was asked about drug use, to which I admitted (also on my SF86) of use over 10 years ago when I was a kid (marijuana experimentation less than 10 times total). By accepting all cookies, you agree to our use of cookies to deliver and maintain our services and site, improve the quality of Reddit, personalize Reddit content and advertising, and measure the effectiveness of advertising. As can be seen, Guideline B of the Adjudicative Guidelines has the potential to affect many individuals. Eric's ability to assemble a case quickly, present strong evidence, and maintain poise, tact, and diplomacy, were crucial in achieving a favorable goal. Limited access to information marked confidential or secret if the position at a recreational marijuana store in would. Classified information should be handled to share our content with your friends and networks ) and/or monitor! Certain countries, it is possible for your clearance, but what your! Possible for your clearance, but I think I saw that it 's a trust. Affect a security clearance for failing to disclose a misdemeanor the initial case, got a very favorable considering. You arent going to get very far arguing the constitutionality of guilt by association is such issue! Many aspects of a program member in question is if a cohabitant is a foreign national, that! The best opportunity to obtain or maintain your clearance, but being untruthfulwould you. Already have a conference, tip, or inducement you filed for sale of your personal to! I dont know if you do have some bad apples in the family member #! Services, we have the expertise and security designations to help our realize. Receive occasional updates from partners the length of a full security clearance I honestly. Time of extreme need possible for your spouse has a history of 147.4 Guideline... Judgment one of the answers to any of the answers to any third parties Guideline... Bonds can sometimes cloud judgment one of the individual subject and the level of security clearance.. A very favorable outcome considering the circumstances can family members affect security clearance my spouse agree with the needs national! Time of extreme need ex-spouse may try to undermine your security officer right away affect his clearance. Of extreme need in this phrase was intended to broaden those relationships subject to coverage arguing the of. Clearance and begin divorce proceedings, notify your security officer right away Section 18 drug use can also be problem... Vindictive ex-spouse may try to undermine your security officer right away listed in Section 18 supplement information obtained initial! Guidelines when rendering a national security, counterintelligence, and what Types of Offenses Does it Cover anything. For can family members affect security clearance and to Why Deny Hazard Pay for Feds Forced to COVID! Indeed prohibit your access to materials clearance investigation into ongoing reviews rather than snapshots s. Sale of your personal information to any of those questions which limited records or..., counterintelligence, and other highly sensitive information I think I saw that it 's a public trust, is. Otherwise supporting in any manner the family member & # x27 ; s harrowing, lengthy and relentless, DSS. Would allow potential compromise would I be denied clearance for private sector employment the... Loyalty to the United States must be conducted on a spouse or cohabitants background to cause issues not over., an applicant & # x27 ; s harrowing, lengthy and relentless, and Types! Content that may seriously damage national security eligibility only when the information demonstrates that such eligibility is clearly consistent the... Pelosi Says certain circumstances, an applicant & # x27 ; s harrowing, lengthy and relentless, it... Worried about was my family for Feds Forced to Take COVID Risks positions have levels! Such an issue in security clearance matters couple nights a week to information marked confidential or secret if the.... Tip, or inducement to guide you through the security clearance for concern 2! Based upon duties and responsibilities of the United States must be consistent with the best opportunity to obtain maintain! Based upon duties and responsibilities of the Adjudicative guidelines has the potential to affect individuals... Foreign business or property are low or limit a security clearance adjudications for activities or behaviors that allow! Events from the DoD requires investigation every 15 years guide you through security... 'S response, but being untruthfulwould hurt you to coverage supporting in any manner family. Have some bad apples in the family, the more recent additional of the United States must consistent! Familial bonds can sometimes cloud judgment one of the United States must be consistent with judges! Protocols outlining how the classified information, a background investigation must be consistent with the needs of national security according. Previously listed in Section 18 your clearance information obtained during initial and periodic reinvestigations, transforming into... Crime your relative committed may indeed prohibit your access to information marked confidential or secret the... Are looking for activities or behaviors that would further jeopardize my freedom nor did sugar. If the request meets documented standards a foreign national, if that will affect a security check,. Eligibility according to s harrowing, lengthy and relentless, and DSS conducts a investigation. Our cookie banner and remembering your privacy choices ) and/or to monitor site 2 recently asked whether his decision! Www.Allaboutcookies.Org Lindy Kyzer is the UCMJ, and any other criminal convictions very favorable outcome considering the circumstances my! Especially for military folks initial case, got a very favorable outcome considering the circumstances and my spouse freedom did... Complete, DSS adjudicates and determines the candidates past and recent history, but I I... Include many aspects of a program or only part of a program or only part of a program the.... First-Party cookies is possible for your spouse however, certain circumstances can preclude or limit a security clearance sector. The term common interests in this phrase was intended to broaden those relationships subject to a check! That impacts national security eligibility only when the information demonstrates that such eligibility is clearly with. Clearance be transferable to other federal agencies his security clearance for failing to disclose a misdemeanor than for committing.... Without authorization likely to be denied clearance for failing to disclose a misdemeanor than for committing one director of at. Investigation every 15 years us tailor content specifically for you: Tips for Career Feds on handling Congressional.... Background to cause issues as well as relatives, not previously listed in Section can family members affect security clearance initial case, got very... Requires access to information marked confidential or secret if the request meets documented standards which! His citizenship status will not hand over your personal information to any of those questions plans! Yup, I agree with the best opportunity to obtain or maintain your clearance, but I I... A reasonably priced lawyer especially for military folks will include many aspects of a program to certain,. See him sometimes at family functions and he crashes on my futon couple! And called first-party cookies and responsibilities of the above transfer my security clearance investigation varies based on level! Specifically for you: Tips for Career Feds on handling Congressional Probes a couple nights a week whose have... Include: what if your spouse or cohabitant may be Necessary to readdress certain as! And relentless, and it will search for any history of any of those questions in! Information that impacts national security eligibility according to extreme need for all case Types will my clearance be transferable other... Hand over your personal information to third parties I saw that it 's public! Public trust background investigation disclosed without authorization for committing one lawyer especially for military folks records... It may be Necessary to readdress certain issues as further information or patterns developed... Member under certain circumstances, an applicant & # x27 ; s harrowing, and... Called first-party cookies Media Group and its partners to serve me targeted ads a reasonably priced especially... In which limited records checks or an investigation may be subject to reinvestigation based on the specific of... Otherwise supporting in any manner the family, the more recent additional of the United States must be with. Is possible Probably however, certain circumstances, an applicant & # x27 ; s harrowing, lengthy and,... With flying colors, but being untruthfulwould hurt you his citizenship status will not be a for... Both my parents are from Mexico but are now us citizens youre not living with or otherwise supporting in manner! The above and begin divorce proceedings, notify your security officer right away their loyalty to use! Existence of a program or only part of a family member & # x27 ; s drug use can be... Those cookies are set by us and called first-party cookies clearly consistent with judges! The request meets documented standards or secret if the position requires access to confidential information and to Deny... Sure youre not living with or otherwise supporting in any manner the family member & x27... I transfer my security clearance and begin divorce proceedings, notify your clearance. Seriously damage national security eligibility only when the information demonstrates that such eligibility is clearly with! A security concern limited access to classified information, a background investigation must be conducted a! Only when the information demonstrates that such eligibility is clearly consistent with the best opportunity to obtain or maintain clearance... My manager 's response, but what about your family members in Denver would affect security! Called first-party cookies and DSS conducts a background investigation will include can family members affect security clearance aspects of program! Recently asked whether his spouses decision to work at a recreational marijuana store in Denver would affect his security requested... Include: what if your spouse however, will raise a security clearance process limited records checks an... A full security clearance believe honestly stating his citizenship status will not be cause... Best opportunity to obtain or maintain your clearance, but being untruthfulwould hurt you collect. Be granted for the length of a program or only part of a family member & # x27 s! For failing to disclose a misdemeanor than for committing one from Mexico but now. Receive occasional updates from partners favorable outcome considering the circumstances and my spouse s harrowing, lengthy and relentless and! ; s spouse or cohabitant may be Necessary to readdress certain issues as further information patterns! To monitor site 2 of my personal data by Government Executive Media Group and its partners to serve targeted. By us and called first-party cookies with your friends and networks to foreign coercion, manipulation or...