wife; however, this check would be conducted with their permission. No. When preparing to fill out your e-QIP, collect and verify information such as names, addresses, telephone numbers, and dates of birth for immediate relatives. In some cases, background investigations may be forwarded to a Department of State Human Resources suitability panel. Marijuana is categorized as a controlled substance under Schedule I of the Controlled Substance Act. 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. 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. Absolutely! 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. If you want to opt out of all of our lead reports and lists, please submit a DSS considers all available, reliable information about a person past and present, favorable and unfavorable when reaching a national security eligibility determination. a vindictive ex-spouse may try to undermine your security clearance? What are the National Security Adjudicative Guidelines? Consult with an experienced Virginia security clearance attorney at Invictus Law. used to make the site work as you expect it to and to provide a more personalized web experience. 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. For more information, please visitwww.bigleylaw.com. Each case varies based on the specific circumstances of the individual subject and the level of security clearance requested. This would largely depend on two things: What level of clearance and what the crime was. Security Executive Agent Directive 4, National Security Adjudicative Guidelines, for more information about the guidelines and specific concerns and mitigating factors. Allow our highly skilled and knowledgeable security clearance attorneys to guide you through the security clearance process. Can the investigators access previous OPM investigation profiles? 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. Eric's ability to assemble a case quickly, present strong evidence, and maintain poise, tact, and diplomacy, were crucial in achieving a favorable goal. 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. Because we do not track you across different devices, The term used for disqualifying an applicant is excessive indebtedness.. (Image via Carsten Reisinger/Shutterstock.com), NEXT STORY: Another common question is if a cohabitant is a foreign national, if that will affect a security clearance. The denial of an applicants interim determination does not have negative implications for the applicants final national security eligibility determination. What Are the DoD Security Clearance Levels? This website is an attorney advertisement. can choose not to allow certain types of cookies, which may impact your experience of the site and the 30 years of collective experience handling security clearance matters. may be subject to a security check. For more information, please see our You may exercise your right to opt out of the sale of personal When an individual applies for a Secret clearance, a spouse or cohabitant is generally not subject to a National Agency Check. 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. Lindy Kyzer is the editor ofClearanceJobs.comand a former Defense Department employee. Clearances are issued according to the following hierarchy: Individuals with confidential clearances may access information that may damage national security if disclosed without authorization. Still, they do not correct your errors because you signed the SF86/eQip. You will be given the opportunity to address derogatory information that is provided as the basis for denial or revocation. Losing your security clearance may result in discharge from the service or may limit your ability to receive a promotion. If you are around drug use/sales whether it be family or not, you shouldnt be holding a clearance. National security eligibility determinations take into account a persons: In making a national security eligibility determination, the federal government does not discriminate on the basis of: Negative conclusions cannot be made solely on the basis of mental health counseling. A Department of Energy (DOE) contractor found this out recently when the administrative judge denied her appeal requesting reinstatement of her clearance. and analytics partners. added to the site to enable you to share our content with your friends and networks. web. SCI access is granted for set periods, although there is no limit to the authorized time. The Oblivious Spouse and the Credit Card Addict If you have a security clearance and you let your spouse manage all of your finances, you should have a very high-degree of trust about his or her ability to spend responsibly. Your email address will not be published. Can family members affect security clearance? The e-QIP system allows the user to electronically enter, update, and transmit their personal data over a secure internet connection to a requesting agency. intended if you do so. default settings according to your preference. Personal Information. You able to use or see these sharing tools. The problem is that I have a couple aunts and uncles who are here illegally. The hiring office reviews and submits the completed questionnaire and other required forms known as the security package to DSS. All of this information was relayed to the organization which I am applying. 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. A family member's drug use can also be a cause for concern. 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. 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. Those issues would likely only be an issue of the applicant was involved in some way. The employee submits an updated security package, and DSS conducts a background investigation. However, its important to know youre not the only one whos screened as part of your security clearance review. The answer? If these sound like oddly specific suggestions, it is because Ive seen them all actually happen. 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). When the Department of States mission has compelling reasons, however, immigrant alien and foreign national employees who possess special expertise may, at the discretion of the Department of State, be granted limited access to classified information only for specific programs, projects, contracts, licenses, certificates, or grants. Can family members affect security clearance? 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. 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. 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. 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. Applicants are more likely to be denied clearance for failing to disclose a misdemeanor than for committing one. Under certain circumstances, an applicants spouse or cohabitant 1. Family members can impact ones ability to receive security clearance. Dont let your spouses financial history jeopardize yoursecurity clearanceand derail your career. Security Executive Agent Directive 4, National Security Adjudicative Guidelines, Office of the Special Envoy for Critical and Emerging Technology, Office of the U.S. In most close relationships, the parties have mutual knowledge of personal information, such as personal history and family history. Any doubt shall be resolved in favor of U.S. national security. Government Shutdown Is on the Horizon, Pelosi Says, Do Not Sell My Employers initiate security clearance investigations. Can I transfer my security clearance for private sector employment? At Cask Government Services, we have the expertise and security designations to help our clients realize their transformation plans. SEE ALSO: What Are DoD Instructions and Directives? Knowingly violating a law, even if its on principled belief, is not looked upon favorably by the federal government. 2023 ClearanceJobs - All rights reserved. As a result, individuals seeking employment or companies doing business with the federal government each need security clearance from the DoD. By rejecting non-essential cookies, Reddit may still use certain cookies to ensure the proper functionality of our platform. 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. How many types or levels of security clearance are there? A foreign national is defined any person who is not a citizen or national of the U.S. If your spouse has In other words, an applicant is not required to guess how said relationship would be perceived by an adjudicator. bankruptcy, and it will search for any history of However, you I told them my girlfriend occasionally used marijuana socially, and not regularly (once every few months at the time). Can family members affect security clearance? Do background checks check your phone? If your spouse This is, of course, open to interpretation, and the income and assets of applicants vary widely. Will this affect my chances of getting a clearance? Under certain circumstances, an applicant's spouse or cohabitant may be subject to a security check. We will evaluate your situation and help you come up with an approach that best suits your needs. DSS shall grant national security eligibility only when the information demonstrates that such eligibility is clearly consistent with the interests of the United States. Familial bonds can sometimes cloud judgment one of the key reasons why guilt by association is such an issue in security clearance cases. The main consideration for your spouse or cohabitant shouldnt be if your background check will land them in legal trouble in general, only public databases are checked on behalf of a spouse, and unless your spouse is a foreign national, dont expect an investigator to take a deep dive into any potential issues, including criminal conduct. CE maximizes the use of automated records to identify security-relevant information earlier and more frequently than the current reinvestigation cycle. Can family members affect security clearance? You will still performance. Applicants are more likely to be denied clearance for failing to disclose a misdemeanor than for committing one. for you to be considered a higher security risk. If your It's harrowing, lengthy and relentless, and it demands . The higher the clearance, the stricter the standards are, and the more you're scrutinized. How often is a security clearance renewed? Israel being a democracy and an ally of the U.S. was also a factor. Targeting cookies may be set through our site by our advertising partners. traffic on our website. Yes. As others have noted, if you have family members (including spouse, kids, step-parents, etc) who are problematic then you're going to have trouble getting a clearance, and the higher the clearance the harder it will be to obtain. The reason for this is simple: if your contact with that foreign national is found to pose a concern, the more you know about that person, the harder it will be for you to later claim that you do not have a close relationship. If you already have a security clearance and begin divorce proceedings, notify your security officer right away. The investigator may conduct a face-to-face interview the candidate as part of the process. A better measure may be the debt-to-income ratio, which is determined by dividing the total monthly debt by your monthly income. 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. Click Here For a No Obligation, Always Confidential Consultation. Mr. Leckie was the first person I communicated with after my initial incarceration. Suppose youre confident that youll pass the background check She never bought, possessed personally, or did any of this around me, and never in my house. Capitalize on the Value of DoD Security Clearance. However, the more recent additional of the term common interests in this phrase was intended to broaden those relationships subject to coverage. Do I have to be a U.S. citizen to receive a security clearance from the Department of State? Therefore we would not be able to track your activity through the Call us today at 757-317-5125 or contact . Read More. Mental incompetence determined by a mental health professional. 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. Government information may be classified as confidential, secret, or top secret. Not all contact with foreign nationals, however, will raise a security concern. internet device. Advisory Commission on Public Diplomacy. Tel 540.628.7366 The information on this website is for general information purposes only. 1 . My lawyer was able to represent me in two cases in family court. performance, so that we may improve our websites and your experience. 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. Dishonorable discharge from the military. They asked asked about people I associate with doing drugs. 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? This information is not intended to create, and receipt Convictions of a crime with a sentence of a year or more in prison. Global AIDS Coordinator and Global Health Diplomacy, Special Presidential Envoy for Hostage Affairs, Special Representative for Syria Engagement, U.S. Security Coordinator for Israel and the Palestinian Authority, Office of the U.S. will not hand over your personal information to any third parties. An individual is normally subject to reinvestigation approximately every five years for a Secret or 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. Thus, if a bond of affection, influence, common interest, and/or obligation does not exist, then the applicant is not required to list the foreign national, regardless of whether or not their contact is close and/or continuing. 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