Do Restraining Orders Impact Security Clearances?

 

HOW DO RESTRAINING ORDERS IMPACT SECURITY CLEARANCES AND BACKGROUND CHECKS IN NEW MEXICO?

 

Security clearances and background checks are needed for different reasons.  Possibly you are looking to enter the military, or you are exiting the military and looking for a job that requires a security clearance.

For any number of reasons, you may desire a security clearance, or you may be facing a background check.  In either scenario you might be wondering, “Do restraining orders impact security clearances and background checks?”

 

WHAT IS A RESTRAINING ORDER?

 

At its core, a restraining order prevents the restrained party from communicating, contacting, or coming within a specified distance of a person.  Restraining orders can either be criminal or civil in nature.  Criminal restraining orders are usually entered as the condition of release for domestic violence charges.

For our purposes today, we are going to discuss civil restraining orders (aka order of protection). Click here for more information on the order of protection process.

 

DO RESTRAINING ORDERS IMPACT SECURITY CLEARANCES IN NEW MEXICO?

 

Yes.  Restraining orders that are entered in New Mexico can impact security clearances.

Section 28 of the Questionnaire for National Security Positions asks, “In the last ten (10) years, have you been a party to any public record civil court action not listed elsewhere on this form?”  This question requires one to list any involvement with a civil restraining order.

Whether the restraining order will negatively impact the security clearance is a gray area that depends on factors such as:

• The facts and circumstances of the restraining order
• The length of time that has passed since the order was entered
• The severity of the claim and conduct
• The Clearance’s level (Confidential, Secret, or Top Secret)
• The background investigator

The background investigator will examine issues such as:

• Were the allegations credible?
• What was the ultimate result?
• Did the allegations involve domestic violence?

Whether the restraining order impacts the security clearance result is fact specific and depends on the unique circumstances involved.

 

WHAT IS A SECURITY CLEARANCE?

 

A security clearance is a determination that a person, whether a federal employee or private contractor, is eligible to access classified information.

 

WHO CONDUCTS SECURITY CLEARANCES?

 

Security clearances are only granted by a federal agency and usually only after completing a background investigation.  The agency’s decision is based on a person’s character and trustworthiness.  This decision largely involves information that is uncovered during the background check.  Ultimately the agency decides if the person can access classified information by granting the clearance.

WHAT STEPS ARE INVOVLED WITH THE SECURITY CLEARANCE PROCESS?

 

The major steps involved with receiving and maintaining a security clearance are:

PRE-INVESTIGATION. During this step, the agency determines if an employee or contractor requires access to classified information to complete his or her duties.

INVESTIGATIOIN. The agency uses the applicant’s information to conduct a background investigation.  The investigation varies based on the level of clearance (Confidential, Secret, Top Secret).  The National Background Investigations Bureau (NBIB, within OPM, oversees most investigations.

ADJUDICATION. The agency decides whether to grant the security clearance.

REINVESTIGATION.  People that hold security clearances are subject to periodic reinvestigation.

 

DO RESTRAINING ORDERS APPEAR ON BACKGROUND CHECKS?

 

In depth background checks, like the ones performed by the National Background Investigations Bureau, should uncover a restraining order.  Even an expired restraining order will likely appear within in-depth NBIB’s background check.

Your run of the mill, criminal background check – those completed by landlords or employers – should not uncover a restraining order.    These quick background checks usually involve checking NMcourts.com for one’s criminal record.  This criminal record does not include restraining orders.

 

(505) SANCHEZ ANSWERS YOUR QUESTION, “DO RESTRAINING ORDERS IMPACT SECURITY CLEARANCES IN NEW MEXICO?”

 

Matthew Sanchez has handled restraining orders all across New Mexico for over twelve years..  Sanchez has the knowledge and experience that you need to handle your order of protection (restraining order) in Bernalillo, Sandoval, and Valencia counties.  Call (505) SANCHEZ to speak with the best restraining order attorney in Albuquerque, New Mexico.