National Security Clearance Types. When a security clearance is required to work a military job, the service member’s supervisor will direct them to complete the appropriate paperwork and submit to the background investigation.. May 14, 2018 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. After all, even under such circumstances the applicant’s prior support for an undocumented family member was still illegal at the time it was occurring. ... Usually that's because they're sending money back to family members. has a questionable past, or a few skeletons in their closet, can their If your spouse Anonymous. Since the start of this new policy, 1.1 million clearances have been enrolled and over 38,000 cases have been flagged. When they are identified, they are virtually insurmountable obstacles to a security clearance. it is possible for your spouse or cohabitant’s background to cause issues. any family member? of “date rape” when you were 16 can hinder a security clearance. a husband or wife who lives with the applicant. The potential security significance of a psychological condition depends upon how it affects the ... make a security clearance ... and family readiness. Security clearances remain valid for a certain period of time (5-15 years, depending on the level) and at the discretion of the federal government or contractor. Security clearance case law shows that the government takes a firm line on harboring or otherwise supporting illegal aliens – even if the individual in question is the applicant’s spouse or child (See, for example, ISCR Case No. Even a false allegation before boot camp i had no interview after MEPS The clearance is usually good for about 5 years before you must be re interviewed. Having been on both sides of the table – first as a government investigator and now as a defense attorney – in hundreds, if not thousands, of security clearance cases, I can tell you that sham marriages are fairly easy to identify. … 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. case or situation. Would a family member with a criminal record affect getting a Top Secret (Positive Vetting) clearance? We typically ask if any family members are incarcerated and if there is anything in the lives or your immediate family members that could be used against you as blackmail or coercion. Applying for a Security Clearance. 4 Answers. Can a parent's criminal record effect your potential security clearance? DUI, drug possession, and any other criminal convictions. urge you to contact our security clearance attorneys for aggressive legal level clearance, a national agency check will be run on your husband or 03-08525)*. 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 [email protected] or call between 8 A.M – 5 P.M. EST at (866) 643-4636 or (571) 345-3186. National Security Clearances are a hierarchy of five levels, depending on the classification of materials that can be accessed—Baseline Personnel Security Standard (BPSS), Counter-Terrorist Check (CTC), Enhanced Baseline Standard (EBS), Security Check (SC) and Developed Vetting (DV).. This article is intended as general information only and should not be construed as legal advice. 03-24891. Under certain circumstances, an applicant’s spouse or cohabitant Individuals whose security clearance has expired may require a reinvestigation in order to renew their clearance. The security clearance attorneys at Claery & Hammond, LLP discuss whether one's personal life can influence security clearance. crimes, or if they have a strong history of drug abuse, or if they are If Nothing on this site should be taken as legal advice for any individual smuggling the family member across the border), is providing financial support for an illegal alien, or is harboring the illegal alien in violation of 8 U.S.C. Find out more on the process of getting security cleared and what steps you will have to take to do so. then he or she may be subjected to additional investigations for the sake Unfortunately, I am going to be applying to a job that requires a secret security clearance. Guidelines “J” and “E” cases can be more challenging. No. According to the U.S. Department of State, it is essentially The short answer is yes, there is a potential for immediate family members who are engaged in illegal conduct to affect your clearance. What’s more, new security clearance credit check rules make it more imperative than ever that military personnel and their families maintain financial stability. If an account jointly shared by two people is in default, both of their credit ratings can be affected. When it comes to a civilian job, one's personal life may or may not affect their employment status, but it may affect security clearance. Whether you have a security clearance, or are seeking one, investigators will scrutinize your situation. background prevent you from obtaining security clearance? But these days, security clearance snafus can involve so much more. Depending upon the identity of the country at issue and the nature of the specific relationship the applicant has with his or her relative(s) from that country, Guideline “B” cases based on an undocumented family member can often be successfully overcome with the right strategy. This information is not intended to create, and receipt 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 information on this website is for general information purposes only. Is it Part of the reason for this is that foreign governments have less ability to exert leverage over someone not physically on their country’s soil. Without skilled legal representation, you could swiftly lose your clearance, your job, your career and your federal pension. At Claery & Hammond, LLP, we have nearly Psychologists and psychiatrists working in military treatment facilities are often asked to do security clearance evaluations, sometimes referred to as DoDCAFs (Department of Defense Central Adjudication Facility). A history of financial irresponsibility will be tightly scrutinized in the evaluation process. foreign nationals with strong ties to certain countries, it is possible For more information, please visit www.bigleylaw.com. which will look as far back as your youth, it will look at your financial In situations involving a clearance holder with illegal immigrant family members, Guidelines “J” (Criminal Conduct), “E” (Personal Conduct), and “B” (Foreign Influence) potentially apply. i got my security clearance when i went to MEPS. This refers to voluntary association, not family members, except in "special circumstances" like organized crime. security clearance, you will be subjected to a thorough, in-depth background investigation, Dangerous drug and alcohol use can disqualify a person from passing a security clearance. Just because the holder of a security clearance was deemed safe to hold classified information at one point doesn’t mean they can be trusted forever. The Cleared Brief - Latest security clearance news - delivered monthly. Suppose you’re confident that you’ll pass the background check It will absolutely affect your clearance. He is a former investigator for the U.S. Office of Personnel Management. (just because you have a security clearance dosent mean you will ever know anything that is a "secret") alot of people get them without even knowing that they have one. Call now for a consultation. The security clearance renewal due every six to 10 years is still in effect. Contact us today for the attention your situation demands. Situation b: STrong Allegiance to the United States but significant threat to family members An applicant from Iraq is denied a security clearance based on civil unrest, kidnappings, and terrorism occurring in their home country and relatives living in Iraq who could be exploited. or viewing does not constitute, an attorney-client relationship. In essence, the government views sham marriages as a calculated effort to circumvent U.S. law, something which is arguably indicative of a deeper disregard for rules and laws than a more spur-of-the-moment bad decision. © 2021 ClearanceJobs - All rights reserved. Security Clearance Attorney Sean M. Bigley represents clients worldwide in security clearance denials and revocations. To start, applicants should be aware that all security clearance cases – no matter which federal agency – are reviewed under a common set of 13 adjudicative guidelines. 07-07645). 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