When you receive a job offer contingent upon a security clearance or join the military, you will be asked to complete an SF-86 if you don’t already have an active clearance sponsored by the same agency.  If you are required to make any disclosures of derogatory information, it is advisable to consult an attorney regarding […]

The SF-86 asks if, “if you have, or have you had, close and/or continuing contact with a foreign national within the last seven (7) years with whom you, or your spouse, or legally recognized civil union/domestic partner, or cohabitant are bound by affection, influence, common interests, and/or obligation?”  This question can be confusing because “close […]

Although Delta-8 products can be found readily available for purchase at convenience stores and smoke shops, the legality of the substance varies greatly state to state.  Further complicating matters, the Agriculture Improvement Act of 2018 legalized hemp-derived products, including Delta-8, at the federal level.  Hemp products like Delta-8 are supposed to contain THC levels of […]

Like most things related to security clearances, the answer is:  It depends.  The SF-86 questions relating to psychological and emotional health were updated in 2016 to align with the recognition that receiving necessary mental health care is a good thing.  There are no conditions or treatments relating to mental health that will automatically disqualify an […]

When government contractors receive a Statement of Reasons, they are given a choice whether to elect for a hearing before an Administrative Judge or have an Administrative Judge issue a decision based on the written record.  Once that election is made and an applicant’s response has been submitted, Department Counsel (a trial attorney employed by […]

There is a lot of confusion about marijuana use while possessing a clearance now that a number of states have legalized recreational use of the substance.  Marijuana use, however, remains illegal at the federal level.  While a small amount of recreational use prior to applying for a clearance may be mitigated by legality at the […]

Current and former military members who were investigated for a crime may have their names entered in the title block of a law enforcement activity report, have their identifying information including criminal history data and fingerprints indexed in DCII, and have DNA samples collected and submitted to USACIL.  This information can have negative impacts on […]

Commanders have the authority to issue two types of protective orders: “No Contact Orders” and Military Protective Orders (MPOs). Commanders, First Sergeants, or anyone with a higher rank than the recipient can issue No Contact Orders. These orders temporarily halt communications between disputing parties, not reaching the level of a criminal investigation, or safeguard the investigative process in criminal matters. On the other hand, MPOs, exclusive to commanders (officers on G-series orders), are typically issued to safeguard individuals during criminal investigations, particularly to prevent spousal, child, or intimate partner abuse.