Summary
The applicant, a 31-year-old unmarried male with a Bachelor's degree, sought a security clearance despite allegations under Guideline F for financial considerations and Guideline J for criminal conduct. He admitted to past financial irresponsibility and criminal behavior but demonstrated significant rehabilitation and financial responsibility, leading the judge to grant his eligibility for a security clearance.
Under Guideline F (Financial Considerations) and Guideline J (Criminal Conduct), the Statement of Reasons alleged the following: Applicant was indebted to a creditor for an account placed for collection in the approximate amount of $2,477. This was for his bail bond. Applicant has paid the debt off in full (1.a). Applicant was indebted to a creditor for a medical account that was placed for collection in the approximate amount of $90. This was a medical bill from the motorcycle accident. Applicant has paid the debt off in full (1.b). Applicant was indebted to a creditor for a medical account placed for collection in the approximate amount of $4,771. This was a medical bill from the motorcycle accident. Applicant has paid the debt off in full (1.c). Applicant was indebted to a creditor for a medical account that was placed for collection in the approximate amount of $5,260. This was a medical bill from the motorcycle accident. Applicant has paid the debt off in full (1.d). Applicant was indebted to a state for traffic fines assessed against him in 2014 for an account that was placed for collection in the approximate amount of $1,260. This was for unpaid traffic tickets and interest. Applicant has paid the debt off in full (1.e). Applicant was indebted to a state for traffic fines assessed against him in 2017 in the approximate amount of $878. This was for unpaid traffic tickets and interest. Applicant has paid the debt off in full (1.f). In June 2001, Applicant was charged with Drunk in Public. Applicant denies this incident. He was only in junior high school at the time (2.a). In December 2002, Applicant was charged with Speeding and Driving While on a Suspended License. Applicant denies this incident. Applicant was not old enough at this time to possess a driver’s license (2.b). In about November 2005, Applicant was charged with Driving While on a Suspended License. Applicant denies the incident. He did not receive a Driver’s License until he was eighteen years old in 2010 (2.c). In about June 2006, Applicant was charged with Possession of Marijuana. Applicant admits the incident. Applicant admits that he was cruising in a car with some friends when he had marijuana in his possession. He was pulled over by the police and cited (2.d). In about June 2009, Applicant was charged with Speeding, Failure to Appear and Failure to Pay. Applicant admits that he was speeding and he did not have the money to pay the fines (2.e). In about September 2009, Applicant was charged with Speeding and Possession of Marijuana. Applicant does not remember the specifics but admits that during this time in his life he engaged in such conduct (2.f). In about October 2009, Applicant was charged with Burglary, Selling Marijuana, and Driving Without a License. Applicant explained that when he was arrested he had $600 in his pocket because he had just been paid at work where he cleaned carpets. He was arrested for burglary because he and his friends were breaking into cars. As a result of this offense, Applicant served two days in jail (2.g). In about June 2012, Applicant was charged with Speeding. Applicant explained that he was driving 90 miles an hour, about 10 miles over the speed limit, when he was pulled over. His driver’s license was suspended (2.h). In about September 2012, Applicant was charged with Speeding and Driving on a Suspended License. At the time, Applicant was going to school and working and chose to drive on a suspended license (2.i). In about October 2013, Applicant was charged with Driving Without a License. Applicant stated that he lost his license due to the number of speeding violations he had. He currently has a valid driver’s license. He has not had a traffic violation of any sort for the past five years (2.j). In about January 2014, Applicant was charged with Driving with a Suspended License and Driving an Unregistered Vehicle. Applicant believes that he was initially pulled over for having dark tint on his front seat windows and cited (2.k). In April 2017, Applicant was charged with Failure to Provide a Child Restraint, Failure to Appear. Applicant denies this allegation as he states that this has never occurred (2.l).
The judge granted the clearance. The government raised disqualifying conditions AG ¶ 19(a), AG ¶ 19(b), AG ¶ 19(c), AG ¶ 31(a), AG ¶ 31(b). The judge applied mitigating conditions AG ¶ 20(a), AG ¶ 20(b), AG ¶ 20(d), AG ¶ 32(a), AG ¶ 32(d). The decision turned on the following: The applicant demonstrated significant rehabilitation since his past criminal conduct, including five years without any violations; He has resolved all delinquent debts and shown financial responsibility by making timely payments on current obligations; The applicant's positive changes in behavior and maturity were recognized, indicating he can be trusted with classified information.
Why the Applicant Prevailed
- The applicant demonstrated significant rehabilitation since his past criminal conduct, including five years without any violations.
- He has resolved all delinquent debts and shown financial responsibility by making timely payments on current obligations.
- The applicant's positive changes in behavior and maturity were recognized, indicating he can be trusted with classified information.
Conditions Referenced
- AG ¶ 19(a)raisedInability to Satisfy Debts
- AG ¶ 19(b)raisedUnwillingness to Satisfy Debts
- AG ¶ 19(c)raisedHistory of Not Meeting Financial Obligations
- AG ¶ 31(a)raisedPattern of Minor Offenses
- AG ¶ 31(b)raisedEvidence of Criminal Conduct
- AG ¶ 20(a)appliedBehavior Unlikely to Recur
- AG ¶ 20(b)appliedConditions Beyond Control
- AG ¶ 20(d)appliedGood-faith Effort to Repay Debts
- AG ¶ 32(a)appliedTime Elapsed Since Criminal Behavior
- AG ¶ 32(d)appliedEvidence of Successful Rehabilitation
Key Rule Quoted
“The protection of the national security is the paramount consideration.”
Procedural Posture
- SOR issuedApr 23, 2018
- Answer filedMay 22, 2018
- Hearing heldJun 24, 2019
- Decision dateAug 29, 2019
Cite For
- Mitigation of Financial Considerations Under Guideline F Due to Demonstrated Rehabilitation
- Successful Rehabilitation After a History of Criminal Conduct Under Guideline J
- The Importance of the Whole-person Concept in Security Clearance Evaluations