When you visit our website, we store cookies on your browser to collect When someone obtains a security clearance, the government is making a decision to allow that person access to classified information. website (such as prompting our cookie banner and remembering your privacy choices) and/or to monitor site You arent going to get very far arguing the constitutionality of guilt by association in a security clearance denial case. Click on the different category headings to find out more and change our Cookies as they are deployed in order to ensure the proper functioning of our website (such as prompting the The individuals have undergone the same security investigations as federal employees. In most close relationships, the parties have mutual knowledge of personal information, such as personal history and family history. 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 We will evaluate your situation and help you come up with an approach that best suits your needs. These cookies are not used in a way that constitutes a sale of your data under the CCPA. Depending upon the responses, additional information may be requested. Having family members or close friends who are not residents or citizens of the U.S.; Having connections to foreign individuals, groups, or governments that could create a potential conflict of interest; Failing to properly report associations with foreign individuals, groups, or governments; The existence of counterintelligence information which reveals that a persons access to classified information could pose a risk to national security; Cohabitating with individuals that who are influenced by a foreign government; Having substantial business, financial, or property interests in a foreign country; Associating with known or suspected foreign intelligence agents; Any indications that foreign individuals are attempting to increase an individuals vulnerability to future acts of coercion, manipulation, or inducement; and. 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. Can family members affect security clearance? In some cases, a single arrest can disqualify an applicant. Please do not send any confidential information until such time as an attorney-client relationship has been established. Is it However, you All Executive Branch agencies use these guidelines when rendering a national security eligibility determination. Eric's ability to assemble a case quickly, present strong evidence, and maintain poise, tact, and diplomacy, were crucial in achieving a favorable goal. The purpose of a security clearance is to allow an individual access to classified national security information. I honestly don't know where to start! What are the National Security Adjudicative Guidelines? Personal Information. By rejecting non-essential cookies, Reddit may still use certain cookies to ensure the proper functionality of our platform. When is an interim determination granted? He is a former investigator for the Defense Counterintelligence and Security Agency (then-U.S. Office of Personnel Management). Is there an appeal process? 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? Socializes with individuals outside of their ethnic group. Their loyalty to the United States must be consistent with the needs of national security. Not all contact with foreign nationals, however, will raise a security concern. Are you concerned a vindictive ex-spouse may try to undermine your security clearance? department for further clarification about your rights as a California consumer by using this Exercise My Are members of my family or people living with me subject to a security check? Fortunately, even if you do have some bad apples in the family, the cause is not lost. A Department of Energy (DOE) contractor found this out recently when the administrative judge denied her appeal requesting reinstatement of her clearance. This is an instance where I agree with family association and criminal conduct being an issue for clearance holders. cannot receive security clearance. This website is an attorney advertisement. For more information about the First and Third Party Cookies used please follow this link. Those issues would likely only be an issue of the applicant was involved in some way. Each level has protocols outlining how the classified information should be handled. 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. Hiring officials determine whether a Department of State position will require a security clearance based upon the duties and responsibilities of the position. Additionally, the type of crime your relative committed may indeed prohibit your access to materials. If these sound like oddly specific suggestions, it is because Ive seen them all actually happen. Ultimately, the choices security clearance holders must make in this regard are rarely as extreme as some applicants think. This is done after a conditional offer of employment is given to an applicant. Lindy Kyzer is the director of content at ClearanceJobs.com. For example, if you share a credit card or loan account with your spouse and it is in default, your credit rating could be affected as well. website. Required fields are marked *. If you follow international news, you may have heard about how totalitarian states like North Korea punish political dissent. Honesty, candor, and thoroughness are very important factors in the process of obtaining a security clearance. document.getElementById( "ak_js_2" ).setAttribute( "value", ( new Date() ).getTime() ); Mr.Leckie took me on as a client and really made me feel confident and at ease about my case.Since the first time I talked to him for a consultation I knew I wanted him to represent me not only was his background impressive but I felt like he shared the same passion as I did for this case.My case was a misdemeanor assault on family member charge which thanks to Mr.Leckie will not be on my record because we won the case was dismissed.I appreciate the time and effort he put into my case hire him and he'll do the same for you!!! Mr. Leckie's vigilance, attention to detail, and knowledge were professionally amplified in the court room. In other words, an applicant is not required to guess how said relationship would be perceived by an adjudicator. Eric always kept me informed of my case's updates, and made sure that I was rest assured for every concern I had! Hardly. Unless you really are a member of a mafia family, no security clearance adjudicator will expect you to disown your family because of your brother's drug habit, your parents' under-the-table business transactions, or your cousin's gang membership. Even a false allegation Advisory Commission on Public Diplomacy. Organizations that have individuals on staff with DoD security clearances minimize the risk of a security violation. Can family members affect security clearance? Additionally, you may contact our legal T3R is the reinvestigation product required for the same positions. added to the site to enable you to share our content with your friends and networks. A public trust background investigation will include many aspects of a full security clearance investigation. 2022 | All Rights Reserved | The information you obtain at this site is not, nor is it intended to be, legal advice. If the background check reveals a considerable amount of debt, missed payments, tax evasion, collection judgments, check fraud, foreclosures, embezzlement or bankruptcies, your application might be rejected. The moral of this story? Targeting cookies may be set through our site by our advertising partners. 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! A misdemeanor is not an automatic disqualifier. Here are four ways your spouse or partner can affect your security clearance. SF-86 is a combination grizzly bear and marathon. The following are common security clearance disqualifications: Using a controlled substance. 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. Here are four ways your spouse or partner can affect your security clearance. Applicants are more likely to be denied clearance for failing to disclose a misdemeanor than for committing one. 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. I would highly recommend Mr. Leckie for any criminal or traffic case you may have. Nothing on this site should be taken as legal advice for any individual case or situation. Yes, Government Executive can email me on behalf of carefully selected companies and organizations. Can you get a DoD security clearance with a misdemeanor? They asked asked about people I associate with doing drugs. He is a former investigator for the U.S. Office of Personnel Management. technologies for the following purposes: We do not allow you to opt-out of our certain cookies, as they are necessary to For assistance with background investigations being conducted by a federal agency other than the Department of State, please contact that agency directly. Click Here For a No Obligation, Always Confidential Consultation. 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. 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. 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. visiting for our advertising and marketing efforts. While recreational marijuana use has been legalized in several states, it still runs counter to federal laws. Common sense goes a long way in avoiding security clearance problems. Both my parents are from Mexico but are now us citizens. There are many reasons why a U.S. citizen may have dual citizenship with another county. Capitalize on the Value of DoD Security Clearance. Organizations that have individuals on staff with DoD security clearance investigation me on behalf carefully... 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