Summary
A 46-year-old defense contractor employee was denied a security clearance due to concerns under Guideline H (Drug Involvement) and Guideline J (Criminal Conduct). The applicant's criminal record, dating back to 1995, included multiple drug-related charges and felony charges such as assault, burglary, armed criminal action, probation violation, unlawful use of a weapon, assault on law enforcement, and first-degree murder.
Specific convictions included possession of up to 35 grams of marijuana in 1998 and again in 2000. The applicant was acquitted of first-degree murder, assault on law enforcement, and armed criminal action in 2000. While the applicant mitigated drug involvement concerns, having not used marijuana since 2017, the extensive criminal history remained a significant issue.
The judge determined that the unresolved criminal conduct raised substantial doubts about the applicant's reliability and trustworthiness. Consequently, despite mitigating factors related to drug use, the security clearance was denied.
Why the Applicant Was Denied
- The applicant has a long history of criminal conduct, including multiple arrests and convictions.
- The judge found that the unresolved criminal conduct raised doubts about the applicant's reliability and trustworthiness.
Conditions Referenced
- AG ¶ 30raisedCriminal ConductCriminal activity creates doubt about an Applicant’s judgment, reliability, and trustworthiness.
- AG ¶ 31(b)raisedEvidence of Criminal ConductEvidence of criminal conduct, regardless of whether the individual was formally charged, prosecuted, or convicted.
- AG ¶ 31(d)raisedViolation of Parole or ProbationViolation or revocation of parole or probation, or failure to complete a court-mandated rehabilitation program.
- AG ¶ 32(a)rejectedTime Elapsed Since Criminal BehaviorThe judge found that the applicant's criminal conduct continues to cast doubt on his reliability.
- AG ¶ 32(c)rejectedNo Reliable Evidence of OffenseThe applicant did not provide sufficient evidence to mitigate the criminal conduct concerns.
- AG ¶ 32(d)rejectedEvidence of Successful RehabilitationThe judge concluded that the applicant's criminal conduct was not mitigated despite some evidence of rehabilitation.
Key Rule Quoted
“The protection of the national security is the paramount consideration.”
Procedural Posture
- SOR issuedMay 14, 2021
- Answer filedMay 27, 2021Requested a decision based on the written record.
- Hearing held—Decision based on written record.
- Decision dateJan 6, 2022
Cite For
- Evaluation of Unresolved Criminal Conduct Under Guideline J
- Impact of a Long History of Criminal Behavior on Security Clearance Eligibility
- Mitigating Factors Related to Drug Involvement and Substance Misuse Under Guideline H