ISCR Case 07-00864

Case Headnote

ISCR Case No. 07-00864

grantedNov 19, 2007· Hon. Wilford H. Ross· hearing

Summary

A 27-year-old defense contractor was granted a security clearance despite a history of criminal conduct. The applicant had multiple arrests, including a serious conviction in 2000 for child endangerment.

The applicant's first arrest in April 1998 for accidentally hitting a teacher was dismissed. In October 1998, he was arrested for Driving Under the Influence of Alcohol after a motor vehicle accident; these charges were also dropped, though his driver's license was suspended for six months. In March 2000, he was involved in an incident with an intoxicated 17-year-old woman, leading to charges of Forcible Rape, Rape of a Drugged Victim, and felony Child Endangerment. He pled no contest to Child Endangerment, receiving 60 months probation and 100 days in jail, of which he served 30. His final arrest in October 2004 involved charges of Inflicting Corporal Injury on Spouse and Child Cruelty, which the applicant denied.

The Administrative Judge found that the applicant demonstrated significant rehabilitation, having not engaged in criminal conduct since 2000. Two of his arrests did not result in charges, and he successfully completed probation, leading to the dismissal of his conviction. These factors indicated contrition and maturity, resulting in the security clearance being granted.

Why the Applicant Prevailed

The applicant has not engaged in criminal conduct since 2000, demonstrating significant rehabilitation.
Two of the applicant's arrests did not result in charges, indicating a lack of criminal behavior.
The applicant successfully completed probation and had his conviction dismissed, showing contrition and maturity.

Conditions Referenced

Disqualifying

J1raisedA Single Serious Crime or Multiple Lesser Offenses

Mitigating

J2appliedSo 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
J3appliedEvidence That the Person Did Not Commit the Offense
J4appliedThere 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

“It is the Government's responsibility to present substantial evidence to support the finding of a nexus, or rational connection, between the Applicant's conduct and the granting of a security clearance.”

Procedural Posture

SOR issuedMar 20, 2007
Answer filedApr 5, 2007
Hearing heldSep 4, 2007
Decision dateNov 19, 2007

Cite For

Successful Mitigation of Criminal History Under Guideline J
Evidence of Rehabilitation Leading to Favorable Security Clearance Decisions
Consideration of Elapsed Time Since Criminal Conduct in Security Clearance Evaluations

Editorial summary generated for research. Not legal advice; not a prediction. Verify against the full decision before relying on any quoted language.

¶	Allegation	Finding	Offense	Criminal disposition	Response	Disqualifying (¶31)	Mitigating applied (¶32)	Mitigation
1.a	The Applicant was first arrested in April 1998. This incident involved his accidentally hitting a teacher with his elbow when he was still in high school. The teacher submitted a statement to the District Attorney stating that the Applicant did not intend to hit her and the charges were dismissed.	For Applicant	Unspecified Criminal Conduct	Dismissed or Nolle Prossed	Unknown	—	—	—
1.b	The Applicant was next arrested in October 1998 for Driving Under the Influence of Alcohol. He was involved in a motor vehicle accident after drinking. At that time the Applicant was only 18 years old. He called the police after the accident and was arrested. The charges were subsequently dropped. His driver’s license was suspended for six months by the Department of Motor Vehicles.	For Applicant	DUI or DWI Criminal	Dismissed or Nolle Prossed	Unknown	—	—	—
1.c	In March 2000 the Applicant was involved in a serious incident involving an underage woman. The young woman, who was 17 at the time, became sexually involved with the Applicant and two of his friends. During this incident, the woman was intoxicated. The Applicant did not have intercourse with the victim, but he did engage in sexual activity with her. His two friends did have intercourse with the woman. After the night was over, the victim filed charges against the Applicant and his two friends. The Applicant was charged with Forcible Rape, Rape of a Drugged Victim and Child Endangerment, Possible Injury/Death (felony). The Applicant pled no contest to the charge of Child Endangerment and was sentenced to 60 months probation and 100 days in jail. He actually served 30 days.	Against Applicant	Domestic Violence	Convicted	Unknown	(a) pattern of minor offenses casting doubt on judgment/reliability	—	Claimed Acknowledgment and Remorse
1.d	The Applicant’s final arrest occurred in October 2004. On this occasion the Applicant’s wife accused him of hitting her while she held their infant son. He was charged with Inflicting Corporal Injury on Spouse and Child Cruelty. The Applicant has consistently stated that this incident did not happen.	For Applicant	Domestic Violence	Charged Not Convicted	Denied	—	—	—

Allegation

Finding

Offense

Criminal disposition

Response

Disqualifying (¶31)

Mitigating applied (¶32)

Mitigation

1.a

The Applicant was first arrested in April 1998. This incident involved his accidentally hitting a teacher with his elbow when he was still in high school. The teacher submitted a statement to the District Attorney stating that the Applicant did not intend to hit her and the charges were dismissed.

For Applicant

Unspecified Criminal Conduct

Dismissed or Nolle Prossed

Unknown

—

1.b

The Applicant was next arrested in October 1998 for Driving Under the Influence of Alcohol. He was involved in a motor vehicle accident after drinking. At that time the Applicant was only 18 years old. He called the police after the accident and was arrested. The charges were subsequently dropped. His driver’s license was suspended for six months by the Department of Motor Vehicles.

For Applicant

DUI or DWI Criminal

Dismissed or Nolle Prossed

Unknown

—

1.c

In March 2000 the Applicant was involved in a serious incident involving an underage woman. The young woman, who was 17 at the time, became sexually involved with the Applicant and two of his friends. During this incident, the woman was intoxicated. The Applicant did not have intercourse with the victim, but he did engage in sexual activity with her. His two friends did have intercourse with the woman. After the night was over, the victim filed charges against the Applicant and his two friends. The Applicant was charged with Forcible Rape, Rape of a Drugged Victim and Child Endangerment, Possible Injury/Death (felony). The Applicant pled no contest to the charge of Child Endangerment and was sentenced to 60 months probation and 100 days in jail. He actually served 30 days.

Against Applicant

Domestic Violence

Convicted

Unknown

(a) pattern of minor offenses casting doubt on judgment/reliability

—

Claimed

Acknowledgment and Remorse

1.d

The Applicant’s final arrest occurred in October 2004. On this occasion the Applicant’s wife accused him of hitting her while she held their infant son. He was charged with Inflicting Corporal Injury on Spouse and Child Cruelty. The Applicant has consistently stated that this incident did not happen.

For Applicant

Domestic Violence

Charged Not Convicted

Denied

—

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Case Profile

Summary

Why the Applicant Prevailed

Conditions Referenced

Key Rule Quoted

Procedural Posture

Cite For

Full decision

DEFENSE OFFICE OF HEARINGS AND APPEALS

HEARING

APPEARANCES

STATEMENT OF CASE

FINDINGS OF FACT

POLICIES

CONCLUSION

FORMAL FINDINGS

DECISION