Summary
A 27-year-old computer programmer was denied a security clearance due to concerns under Guideline E (Personal Conduct) and Guideline J (Criminal Conduct). The denial stemmed from a 2001 conviction for possession of a controlled dangerous substance and a 2003 arrest for receiving stolen property, though the latter charge was dismissed.
A significant factor in the denial was the applicant's deliberate omission of the 2003 arrest from his January 2006 security clearance application. This omission raised serious doubts about his candor and reliability. The applicant's explanations for not disclosing the arrest were found to be inconsistent and lacked credibility, further undermining his trustworthiness.
While some mitigating conditions were considered, the deliberate misrepresentation on the application, combined with the past criminal conduct, led to the conclusion that the applicant did not overcome doubts regarding his reliability and trustworthiness. Consequently, the security clearance was denied.
Why the Applicant Was Denied
- The applicant deliberately omitted a 2003 arrest from his security clearance application, raising concerns about his candor and reliability.
- The applicant's explanations for the omission were inconsistent and not credible, undermining his trustworthiness.
- The applicant's past criminal conduct, particularly the 2001 drug conviction, contributed to the denial of his clearance.
Conditions Referenced
- J 31(a)raisedCriminal Conduct Creates Doubt About a Person's Judgment, Reliability, and Trustworthiness.
- E 16(a)appliedDeliberate Omission, Concealment, or Falsification of Relevant Facts From Any Personnel Security Questionnaire.
- J 32(a)rejectedThe Offense Occurred More Than Six Years Ago and the Individual Has Demonstrated Rehabilitation.While the applicant's criminal conduct occurred years ago, it did not mitigate the concerns raised by his omission.
- E 17(a)rejectedThe Individual Made Prompt, Good-faith Efforts to Correct the Omission.The applicant did not disclose the arrest until confronted with the information.
Key Rule Quoted
“Conduct involving questionable judgment, lack of candor, dishonesty, or unwillingness to comply with rules and regulations can raise questions about an individual's reliability, trustworthiness and ability to protect classified information.”
Procedural Posture
- SOR issuedMay 25, 2007
- Answer filed—
- Hearing heldNov 6, 2007Hearing was continued three times due to scheduling conflicts.
- Decision dateDec 3, 2007
Cite For
- Deliberate Omission of Criminal History in Security Clearance Applications Under Guideline E
- Impact of Past Criminal Conduct on Security Clearance Eligibility Under Guideline J
- Credibility of Applicant's Explanations for Omissions in Security Clearance Applications.