Summary
A 32-year-old defense contractor sought to renew his security clearance, which was initially challenged under Guideline E (Personal Conduct) and Guideline J (Criminal Conduct). The Statement of Reasons cited a 1993 misdemeanor theft conviction and a 2005 misdemeanor domestic assault. Additionally, the applicant was alleged to have omitted and incorrectly answered questions about his criminal history on his security clearance application.
Disqualifying conditions related to these issues were raised, specifically AG ¶ 31(a), AG ¶ 31(c), and AG ¶ 31(d). However, the applicant successfully completed rehabilitation and anger management programs, demonstrating good character and strong relationships, particularly with his wife. The judge determined that the omissions on the security clearance application were not deliberate.
Based on these mitigating factors, including the successful rehabilitation and the non-deliberate nature of the application errors, the judge applied mitigating conditions AG ¶ 32(a) and AG ¶ 32(d). Consequently, the applicant's security clearance was GRANTED.
Why the Applicant Prevailed
- Successfully completed rehabilitation and anger management programs.
- Demonstrated good character and strong relationships, particularly with his wife.
- Omissions on the security clearance application were not deliberate.
Conditions Referenced
- AG ¶ 31(a)raisedCriminal Conduct - a Single Serious Crime or Multiple Lesser Offenses
- AG ¶ 31(c)raisedCriminal Conduct - Allegation or Admission of Criminal Conduct, Regardless of Whether the Person Was Formally Charged, Formally Prosecuted or Convicted
- AG ¶ 31(d)raisedCriminal Conduct - Individual Is Currently on Parole or Probation
- AG ¶ 32(a)appliedCriminal Conduct - so Much Time Has Elapsed Since the Criminal Behavior Happened, or It Happened Under Such Unusual Circumstances That It Is Unlikely to Recur and Does Not Cast Doubt on the Individual’s Reliability, Trustworthiness, or Good Judgment
- AG ¶ 32(d)appliedCriminal Conduct - There Is Evidence of Successful Rehabilitation; Including but Not Limited to the Passage of Time Without Recurrence of Criminal Activity, Remorse or Restitution, Job Training or Higher Education, Good Employment Record, or Constructive Community Involvement
Key Rule Quoted
“"Criminal activity creates doubt about a person’s judgment, reliability, and trustworthiness. By its very nature, it calls into question a person’s ability or willingness to comply with laws, rules and regulations."”
Procedural Posture
- SOR issuedMar 30, 2007
- Answer filedApr 9, 2007Notarized letter response to SOR allegations.
- Hearing heldJun 26, 2007Hearing was held as scheduled.
- Decision dateJul 31, 2007
Cite For
- Mitigation of Criminal Conduct Under Guideline J Due to Rehabilitation
- Non-deliberate Omissions on Security Clearance Applications
- Successful Demonstration of Good Character and Relationships Mitigating Security Concerns