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
- J1raisedA Single Serious Crime or Multiple Lesser Offenses
- 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