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.

Imagine potentially derogatory information has been identified that may have a bearing on your eligibility for access to classified information. Perhaps it is self-reported information or maybe it was discovered as part of the automated continuous evaluation background checks.  This information may result in an Incident Report that DCSA CAS or another Agency Adjudicator uses […]

Rule for Courts-Martial (RCM) 1002 establishes the military justice system’s new sentencing procedures. With the exception of death penalty cases, the military justice system has transitioned to judge-alone sentencing. That is, members will still determine the findings of the court-martial (guilty or not guilty), but the military judge will determine the sentence following the appropriate […]