Summary
A 25-year-old female applicant with a bachelor's degree and professional certificate was denied a security clearance due to concerns under Guidelines E (Personal Conduct), H (Drug Involvement), J (Criminal Conduct), and M (Use of Information Technology).
The applicant's history included marijuana use from approximately September 2015 to May 2017. In March 2017, she was charged with a felony for accessing, falsifying, or tampering with data or computer records. Specifically, she was not authorized to access her professor's computer account, change its password, and subsequently alter her grade for a class. Furthermore, while an intern, she failed to report this criminal conduct, including her participation in a Pre-Trial Intervention (PTI) program, to her employer.
Although the applicant mitigated her drug involvement, she failed to adequately address issues related to criminal conduct, misuse of information technology, and personal conduct. The denial was based on her lack of candor regarding her criminal history and the seriousness of her past conduct, which included multiple arrests for shoplifting and unauthorized access to information technology systems, raising significant doubts about her reliability and trustworthiness.
Why the Applicant Was Denied
- The applicant failed to mitigate concerns related to criminal conduct, including multiple arrests for shoplifting and unauthorized access to information technology systems.
- The applicant's lack of candor regarding her criminal history raised significant doubts about her reliability and trustworthiness.
- Despite some evidence of rehabilitation, the applicant's past conduct was deemed serious enough to warrant denial of her security clearance.
Conditions Referenced
- AG ¶ 31(a)appliedPattern of Minor Offenses
- AG ¶ 31(b)appliedEvidence of Criminal Conduct
- AG ¶ 40(b)appliedUnauthorized Modification of IT Systems
- AG ¶ 16(e)appliedPersonal Conduct Creating Vulnerability
- AG ¶ 26(a)rejectedBehavior Unlikely to RecurThe applicant's past criminal conduct was deemed serious and indicative of ongoing reliability issues.
- AG ¶ 41(a)rejectedTime Elapsed Since BehaviorThe applicant's criminal history included multiple offenses, undermining claims of rehabilitation.
- AG ¶ 32(d)rejectedEvidence of Successful RehabilitationWhile the applicant showed some positive changes, the seriousness of her past conduct outweighed these factors.
Key Rule Quoted
“Any doubt concerning personnel being considered for national security eligibility will be resolved in favor of the national security.”
Procedural Posture
- SOR issuedApr 19, 2021
- Answer filedApr 30, 2021
- Hearing heldJun 26, 2022via Microsoft Teams
- Decision dateSep 12, 2022
Cite For
- Failure to Mitigate Criminal Conduct Under Guideline J
- Issues of Personal Conduct and Reliability Under Guideline E
- Impact of Past Behavior on Security Clearance Eligibility Under Guideline M