Summary
A 28-year-old mechanic was granted eligibility for a Common Access Card (CAC) despite a history of five arrests for criminal conduct, including domestic violence and disorderly conduct. The Administrative Judge considered disqualifying conditions related to criminal conduct but ultimately found that mitigating factors outweighed these concerns.
The applicant demonstrated successful rehabilitation, evidenced by the completion of anger management counseling and stable employment. Her last arrest occurred in 2015, and she has maintained a positive employment record since then, showing no further criminal conduct.
The Judge also noted that the criminal conduct occurred at a young age, and the associated charges were largely dismissed or resulted in minor penalties. Based on the applicant's demonstrated rehabilitation, stable employment, and lack of recent criminal activity, CAC eligibility was deemed consistent with national interest.
Why the applicant prevailed
- The applicant demonstrated successful rehabilitation through completion of anger management counseling and stable employment.
- The applicant had no further criminal conduct since her last arrest in 2015 and maintained a positive employment record.
- The applicant's criminal conduct occurred at a young age, and the charges were largely dismissed or resulted in minor penalties.
Conditions referenced
- SAS ¶ 2.b (1)raisedA Single Serious Crime or Multiple Lesser Offenses Which Put the Safety of People at Risk or Threaten the Protections of Property or Information.
- SAS ¶ 2.b (2)raisedCharges or Admissions of Criminal Conduct Relating to the Safety of People and Proper Protection of Property or Information Systems, Regardless of Whether the Person Was Formally Charged, Formally Prosecuted, or Convicted.
- SAS ¶ 2.b (5)raisedActions Involving Violence of a Criminal Nature That Poses an Unacceptable Risk If Access Is Granted to Federally-controlled Facilities and Federally-controlled Information Systems.
- SAS ¶ 2.c (1)appliedThe Behavior Happened so Long Ago, Was Minor in Nature, or Happened Under Such Circumstances That It Is Unlikely to Recur.
- SAS ¶ 2.c (2)appliedCharges Were Dismissed or Evidence Was Provided That the Person Did Not Commit the Offense and Details and Reasons Support His or Her Innocence.
- SAS ¶ 2.c (4)appliedEvidence Has Been Supplied of Successful Rehabilitation, Including but Not Limited to Remorse or Restitution, Job Training or Higher Education, Good Employment Record, Constructive Community Involvement, or Passage of Time Without Recurrence.
Key rule quoted
“The overriding factor for all of these conditions is unacceptable risk.”
Procedural posture
- SOR issuedJul 20, 2018
- Answer filedAug 10, 2018Applicant elected to have her case decided on the written record.
- Hearing held—Decision made based on written record.
- Decision dateAug 1, 2019
Cite for
- Mitigating Factors for Criminal Conduct Under CAC Eligibility
- Successful Rehabilitation as a Basis for Granting CAC Eligibility
- Consideration of Age and Maturity in Assessing Past Criminal Conduct