Summary
A 38-year-old business intelligence developer was granted a security clearance despite initial concerns under Guideline J (Criminal Conduct) and Guideline E (Personal Conduct). The Statement of Reasons detailed charges of wire fraud and bank fraud in November 2006, leading to incarceration from January 2016 to July 2017. Additionally, the applicant was charged with embezzlement in April 2001. These allegations raised disqualifying conditions under Adjudicative Guidelines (AG) ¶ 31(b) and AG ¶ 31(c).
However, the administrative judge applied several mitigating conditions, including AG ¶ 32(a), AG ¶ 32(d), AG ¶ 17(c), and AG ¶ 17(g). The decision to grant clearance was based on the applicant's demonstrated rehabilitation. This included successfully completing probation and making regular restitution payments since 2015.
Furthermore, the applicant showed significant personal growth through education and positive employment evaluations. The judge noted that the criminal conduct occurred over 14 years prior to the decision, and there had been no subsequent criminal activity. Ultimately, the judge concluded that granting the security clearance was consistent with national security interests.
Why the Applicant Prevailed
- The applicant successfully completed probation and has been making regular restitution payments since 2015.
- The applicant demonstrated significant rehabilitation through education and positive employment evaluations.
- The applicant's criminal conduct occurred over 14 years ago, and he has not engaged in any further criminal activity.
Conditions Referenced
- AG ¶ 31(b)raisedEvidence of Criminal ConductThe applicant was convicted of wire fraud and bank fraud.
- AG ¶ 31(c)rejectedCurrently on Parole or ProbationThe applicant completed his probation in September 2020.
- AG ¶ 32(a)appliedTime Elapsed Since Criminal BehaviorThe applicant's criminal conduct ended over 14 years ago.
- AG ¶ 32(d)appliedEvidence of Successful RehabilitationThe applicant has completed probation, is making restitution payments, and has received positive employment evaluations.
- AG ¶ 17(c)appliedMinor Offense or Unique CircumstancesThe embezzlement charge was considered minor and occurred when the applicant was a minor.
- AG ¶ 17(g)appliedAssociation with Criminal Activities CeasedThe applicant no longer associates with individuals involved in criminal activities.
Key Rule Quoted
“Eligibility for a security clearance is predicated upon the applicant meeting the criteria contained in the adjudicative guidelines.”
Procedural Posture
- SOR issuedNov 28, 2020
- Answer filedJan 21, 2021
- Hearing heldJan 27, 2022via video teleconference
- Hearing reconvenedFeb 7, 2022
- Decision dateApr 13, 2022
Cite For
- Successful Rehabilitation After Criminal Conduct Under Guidelines J and E
- Consideration of Time Elapsed Since Criminal Behavior in Security Clearance Decisions
- Impact of Positive Employment History on Security Clearance Eligibility