Summary
A 31-year-old defense contractor employee was denied a security clearance under Guideline D (Sexual Behavior) and Guideline J (Criminal Conduct). The denial stemmed from a 2016 misdemeanor sexual battery conviction and a subsequent 2017 probation violation.
The applicant was initially arrested and charged with felony abduction with intent to defile, but pleaded guilty to misdemeanor sexual assault. He received a sentence of 12 months incarceration and two years of probation. Subsequently, he was arrested for violating probation terms due to failing to complete required psychoeducational services, resulting in a guilty finding and a 120-day jail sentence.
The judge determined that the 2016 conviction and the failure to comply with probation terms raised significant security concerns regarding the applicant's judgment and reliability. The applicant's attempts to minimize his actions and attribute blame to systemic biases further undermined his credibility, leading to the denial of his security clearance request.
Why the applicant was denied
- The applicant's 2016 conviction for misdemeanor sexual battery raised significant security concerns.
- The applicant's failure to comply with probation terms indicated a lack of judgment and reliability.
- The applicant's attempts to downplay his actions and blame systemic biases undermined his credibility.
Conditions referenced
- AG ¶ 13(a)raisedSexual Behavior of a Criminal Nature
- AG ¶ 31(b)raisedEvidence of Criminal Conduct
- AG ¶ 31(d)raisedViolation or Revocation of Probation
- AG ¶ 14(b)rejectedBehavior Occurred Long Ago or Under Unusual CircumstancesThe applicant's behavior still reflects adversely on his judgment and trustworthiness.
- AG ¶ 14(e)rejectedSuccessful Completion of TreatmentNo evidence was provided regarding the results of the applicant's treatment.
- AG ¶ 32(a)rejectedTime Elapsed Since Criminal BehaviorThe applicant's behavior still raises concerns about his judgment.
Key rule quoted
“A security clearance decision is intended only to resolve whether it is clearly consistent with the national interest for an applicant to either receive or continue to have access to classified information.”
Procedural posture
- SOR issuedDec 18, 2019
- Answer filed—
- Hearing held—Applicant requested a decision based solely on the written record.
- Decision dateNov 13, 2020
Cite for
- Security Concerns Related to Criminal Conduct Under Guideline J
- Impact of Sexual Behavior on Security Clearance Eligibility Under Guideline D
- The Significance of an Alford Plea in Security Clearance Adjudications