Summary
The applicant, a 34-year-old manufacturing engineer with a felony conviction from 2007, sought security clearance under Guideline E (Personal Conduct). She admitted to the conviction but claimed she did not intend to conceal it, relying on her attorney's advice regarding her sealed record. The judge found that the applicant had made significant life changes since the incident and ruled in her favor, granting her security clearance eligibility.
Under Guideline E (Personal Conduct), the Statement of Reasons alleged the following: Applicant is ineligible for clearance because of her conviction on a felony charge in May 2007 and because she falsified information in her e-QIP by failing to disclose the conviction, a related criminal charge, and her sentence of probation (1.a). Applicant was arrested in May 2007 in Georgia and charged with two felonies, Murder and Concealing the Death of Another. She pled guilty to the second charge, and in December 2009, she was sentenced to probation for ten years (1.b). Applicant did not disclose her record in her e-QIP due to reliance on her attorney's advice, believing her sealed record would not show up (1.c).
The judge granted the clearance. The government raised disqualifying conditions AG ¶ 16(a), AG ¶ 16(c), AG ¶ 16(e), AG ¶ 16(g). The judge applied mitigating conditions AG ¶ 17(a), AG ¶ 17(b), AG ¶ 17(c), AG ¶ 17(e), AG ¶ 17(g). The decision turned on the following: The applicant made prompt, good-faith efforts to correct the omission of her criminal record before being confronted with the facts; The applicant relied on incorrect legal advice from her attorney regarding the disclosure of her sealed record; The applicant demonstrated significant rehabilitation and positive changes in her life since the incident.
Why the applicant prevailed
- The applicant made prompt, good-faith efforts to correct the omission of her criminal record before being confronted with the facts.
- The applicant relied on incorrect legal advice from her attorney regarding the disclosure of her sealed record.
- The applicant demonstrated significant rehabilitation and positive changes in her life since the incident.
Conditions referenced
- AG ¶ 16(a)raisedDeliberate Omission, Concealment, or Falsification of Relevant Facts
- AG ¶ 16(c)raisedCredible Adverse Information
- AG ¶ 16(e)raisedPersonal Conduct Creating Vulnerability to Exploitation
- AG ¶ 16(g)raisedAssociation with Persons Involved in Criminal Activity
- AG ¶ 17(a)appliedPrompt, Good-faith Efforts to Correct Omissions
- AG ¶ 17(b)appliedFailure to Cooperate Caused by Legal Advice
- AG ¶ 17(c)appliedMinor Offense or Unique Circumstances
- AG ¶ 17(e)appliedPositive Steps to Reduce Vulnerability
- AG ¶ 17(g)appliedUnwitting Association with Criminal Activities
Key rule quoted
“The protection of the national security is the paramount consideration.”
Procedural posture
- SOR issuedFeb 25, 2021
- Answer filedApr 27, 2021
- Hearing heldDec 3, 2021
- Decision dateFeb 23, 2022
Cite for
- Mitigating Factors Related to Past Criminal Conduct Under Guideline E
- Impact of Legal Advice on Disclosure Obligations
- Whole-person Assessment in Security Clearance Cases