Hey everyone, I had a question regarding how some issues in my past may effect my tier 3 security clearance. I don’t believe an e-qip is sent until a month or two into my position starting, as it’s just an office job, but I’m still concerned.
My first issue is a family court restraining order I had against an ex I only dated for three months but who stalked/harassed me for almost a year. I documented in my court filings that he was nuts, and made insane lies about me and even about himself (falsely claimed he had HIV) to harass me and make my life hell. He also tried taking me to small claims court for gifts he gave me while we were dating, however he never even showed up to the court date and it was dismissed. I received my year long restraining order against him a month later in 2017. My question is, will he be contacted as a part of this investigation? He made my life a living hell and I truly would rather pass on this job than have an investigator open the door up to him harassing me again, as my restraining order has since expired. My restraining order states that proof was shown warranting the order so I know an investigator contacting him is unlikely, but I would like reassurance.
In addition, I have light experimental marijuana usage (3 - 4 times) from three years ago (I’m 21 now) and an undocumented alcohol related incident from nearly four years ago, both in college.
Speak to the past restraining order with the BI and include a paragraph in reference to him if he was a past cohabitant. If you were not currently married to him, previously married with him or living in a romantic relationship in the same domicile…it likely does not addressed except under the civil court portion. So if you need speak to it there, it is best to give them the entire background. MJ use is 3 years ago, youthful experimentation, and should not be a factor as it is more than 12 months prior and your age. The alcohol issues if it required counselings or arrests will come up.
Thanks for the response! Was nothing like that at all, he was for all intents and purposes a stalker in my life and we were never in a long/serious relationship to begin with. I just hate talking about it because it brings back bad memories of stalking and harassment obviously.
And the alcohol was neither, it was a school related incident where I went to the hospital because I drank for the first time and it triggered my IBS badly. Because I was underage drinking, I received a verbal warning but my school informed me that there is no record of this incident on my disciplinary record. So I guess it doesn’t need to be reported?
Read the questionnaire questions literally (without any "but,…) and answer them honestly. All civil actions in the last 10 years (regardless of age) need to be reported. You want the agent to know what is going on. In this case, I normally would chase down people who know about the situation long before talking to the ex (and then, only if required).
On the other hand, if I find the case in the local courts during a routine court check - my only option for the DEVELOPED issue would be to find the other party.
Federal background investigations expand when unreported information is discovered during the investigation. Period. Many issues at the Tier 2 or 3 would not even cause an interview if they are properly reported on the questionnaire (this is why the SF86 tries to get you to report so much information during the input).
So . . . wait . . . Do I understand from this that I am supposed to report all civil actions? Even if I am the plaintiff?
What about: My 17 year old daughter seeks a restraining order against her ex-boyfriend. My name is included on the order so that the young man isn’t allowed to start driving past my house. Am I supposed to report this?
If you initiated the civil action Ed, I would say yes. Anything where your name may pop up in a court check, I recommend listing. There is no problem for exercising your civil rights and suing a person, or seeking protection. But always best IMHO to be the one telling the BI person about it.
Yes, report the court record.
I had a R.O placed against me for a year.
Although completely innocent of all allegations.
The order expired when my ex and I resolved the issue in court and reached an agreement for out daughter.
We co parent well and have a great parenting bond at this point.
However the order existed I followed it and did NOT violate it in any way.
I have my guns back, I have my daughter. I have my freedom.
My concern; Will this order cause me to loose my chances at a secret clearance?
Report the RO where required (and ensure you list any ancillary charges or court actions appropriately) and be up front with the Investigator if you are interviewed… then this should be a minor speed bump on the clearance trail if there are no surprises.
Glad to know I’ll have the opportunity to explain rather than be removed completely.