Summary
A 49-year-old aircraft painter was denied a security clearance under Guideline D (Sexual Behavior) and Guideline J (Criminal Conduct) due to a felony conviction for indecency with a child. The applicant was arrested in January 2016, pleaded guilty to felony indecency with a child/sexual contact, and is currently on community supervision until August 2024.
While the applicant completed extensive treatment and demonstrated compliance with probation, the judge identified several disqualifying conditions. These included the nature of the felony sexual abuse crime, which breached trust, and the applicant's ongoing probation with significant restrictions, which raised concerns about his judgment and trustworthiness. Additionally, the applicant delayed reporting his arrest to his employer, creating security vulnerabilities.
Despite the application of mitigating conditions, the judge concluded that the applicant's past conduct and current probationary status presented too great a risk. The security clearance was ultimately denied, reflecting a determination that the applicant's judgment and trustworthiness remained insufficient for access to classified information.
Why the Applicant Was Denied
- The applicant committed a felony sexual abuse crime, which breached the trust given to him by the victim and her family.
- The applicant remains on probation with significant restrictions, which raises ongoing concerns about his judgment and trustworthiness.
- The applicant delayed reporting his arrest to his employer, exposing security vulnerabilities.
Conditions Referenced
- AG ¶ 13(a)raisedSexual Behavior of a Criminal Nature
- AG ¶ 31(b)raisedEvidence of Criminal Conduct
- AG ¶ 14(e)rejectedSuccessful Completion of TreatmentDespite completing treatment, the applicant's felony conviction and ongoing probation did not fully mitigate the concerns.
- AG ¶ 32(d)rejectedEvidence of Successful RehabilitationWhile the applicant demonstrated compliance with probation, the ongoing restrictions and past conduct raised doubts about his reliability.
Key Rule Quoted
“An applicant has the ultimate burden of demonstrating that it is clearly consistent with the national interest to grant or continue his security clearance.”
Procedural Posture
- SOR issuedOct 28, 2019
- Answer filedNov 26, 2019
- Hearing heldNov 10, 2020via video teleconference
- Decision dateMar 9, 2021
Cite For
- Denial of Security Clearance Due to Felony Conviction Under Guideline D and J
- Impact of Ongoing Probation on Security Clearance Eligibility
- Consideration of Past Conduct in Assessing Trustworthiness and Judgment