Summary
A 32-year-old assembler for a defense contractor was granted a security clearance despite concerns under Guidelines E (Personal Conduct), F (Financial Considerations), and J (Criminal Conduct). The applicant faced allegations of intentionally providing false information in her e-QIP regarding her financial record, owing $20,336 across three delinquent debts, and having a history of criminal conduct.
Specifically, the applicant was arrested in April 2003 for robbery with a deadly weapon, attempted murder, aggravated battery, battery, and shoplifting, resulting in a conviction and a sentence of two years in prison and four years of probation. Additionally, in January 2011, she was charged with multiple offenses including manufacture and possession of cocaine, possession of ammunition by a convicted felon, and felony child neglect, though these charges were dismissed.
The judge found that the applicant had mitigated the financial concerns through credible efforts to resolve her debts via negotiations and consistent payments. Her past criminal conduct was deemed mitigated due to the significant time elapsed and demonstrated positive changes in behavior. Furthermore, her omissions in the e-QIP were found to be unintentional, as she reasonably believed her answers were correct. Based on her credible testimony and responsible financial management, the security clearance was granted.
Why the Applicant Prevailed
- The applicant demonstrated credible efforts to resolve her financial debts through negotiations and consistent payments.
- The applicant's past criminal conduct was deemed mitigated due to the significant time elapsed and her positive changes in behavior and circumstances.
- The applicant's omissions in her e-QIP were found to be unintentional, as she reasonably believed her answers were correct.
Conditions Referenced
- AG ¶ 18raisedFailure to Live Within One's Means, Satisfy Debts, and Meet Financial Obligations
- AG ¶ 31(a)raisedA Pattern of Minor Offenses
- AG ¶ 31(b)raisedEvidence of Criminal Conduct
- AG ¶ 31(d)raisedViolation or Revocation of Parole or Probation
- AG ¶ 20(a)appliedThe Behavior Happened so Long Ago, Was so Infrequent, or Occurred Under Such Circumstances That It Is Unlikely to Recur
- AG ¶ 20(b)appliedConditions That Resulted in the Financial Problem Were Largely Beyond the Person's Control
- AG ¶ 20(c)appliedThe Person Has Received or Is Receiving Counseling for the Problem
- AG ¶ 20(d)appliedThe Individual Initiated and Is Adhering to a Good-faith Effort to Repay Overdue Creditors
- AG ¶ 32(a)appliedSo Much Time Has Elapsed Since the Criminal Behavior Happened
- AG ¶ 32(d)appliedEvidence of Successful Rehabilitation
Key Rule Quoted
“Each security clearance decision must be a fair, impartial, and commonsense determination based on examination of all available relevant and material information, and consideration of the pertinent criteria and adjudication policy in the adjudicative guidelines (AG).”
Procedural Posture
- SOR issuedAug 13, 2019
- Answer filed—timely response requested a hearing
- Hearing heldJan 29, 2020Applicant appeared pro se
- Decision dateMar 20, 2020
Cite For
- Mitigation of Financial Issues Under Guideline F
- Credibility of Applicant's Testimony Regarding Past Conduct
- Successful Rehabilitation and Responsible Financial Management as Mitigating Factors