Summary
The applicant, a 64-year-old prospective employee, was denied security clearance due to unresolved security concerns under Guidelines E (personal conduct), F (financial considerations), and J (criminal conduct). The applicant's history of criminal conduct, including multiple arrests and ongoing financial issues, was deemed insufficiently mitigated, leading to a denial of eligibility for access to classified information.
Under Guideline E (Personal Conduct), Guideline F (Financial Considerations), and Guideline J (Criminal Conduct), the Statement of Reasons alleged the following: Applicant’s conduct reflects questionable judgment and an unwillingness to comply with rules and regulations (2.a). The SOR alleges six delinquent debts (3.a). Applicant asserted that the debts in SOR ¶¶ 3.a ($6,477), 3.b ($4,798), and 3.c ($3,001) are duplicate accounts (3.b). Applicant paid in full the $613 debt alleged in SOR ¶ 3.d, with payments of $491 and $122 completed in June 2022 (3.c). He paid in full the $419 debt alleged in SOR ¶ 3.e, with a payment of $273 completed in January 2023 (3.d). He paid in full the $147 medical debt (SOR ¶ 3.g) in May 2022 (3.e). Applicant has a history of criminal conduct going back to 1979 (1.a). During his background interview in February 2021, Applicant stated that he was in a car with three friends, when two of his friends decided to burglarize an electronics store (1.b). Applicant was arrested in 1998 and charged with theft of property greater than or equal to $1,500 and less than $20,000 (1.c). Applicant was arrested in 2004 and charged with driving while intoxicated (DWI) and reckless driving (1.d). Applicant was arrested in 2008 and charged with DWI, second offense (1.e). Applicant worked for a computer company for several years until he was laid off in 2016. He stated that for about three years, he would take damaged hard drives and other pieces of computer equipment out of the company’s bin where the equipment was placed to be recycled (1.f). Applicant was arrested in April 2017 and charged with theft of property greater than or equal to $30,000 and less than $150,000 (1.g). He is required to pay $32,000 in restitution, costs, and fees (1.h). Applicant has been unemployed since he was laid off in May 2022 (1.i).
The judge denied the clearance. The government raised disqualifying conditions AG ¶ 30, AG ¶ 19, AG ¶ 15. The decision turned on the following: The applicant has a history of criminal conduct dating back to 1979, including multiple arrests and a current probation status; The applicant's financial issues include delinquent debts and an intentional financial breach of trust related to theft from an employer; The applicant's inconsistent statements regarding past criminal conduct raised doubts about his reliability and trustworthiness.
Why the Applicant Was Denied
- The applicant has a history of criminal conduct dating back to 1979, including multiple arrests and a current probation status.
- The applicant's financial issues include delinquent debts and an intentional financial breach of trust related to theft from an employer.
- The applicant's inconsistent statements regarding past criminal conduct raised doubts about his reliability and trustworthiness.
Conditions Referenced
- AG ¶ 30raisedCriminal Conduct
- AG ¶ 19raisedFinancial Considerations
- AG ¶ 15raisedPersonal Conduct
Key Rule Quoted
“The protection of the national security is the paramount consideration.”
Procedural Posture
- SOR issuedFeb 18, 2022
- Answer filedMar 8, 2022
- Hearing heldJan 19, 2023
- Decision dateApr 19, 2023
Cite For
- Denial of Security Clearance Due to Unresolved Criminal Conduct
- Impact of Financial Issues on Security Clearance Eligibility
- Importance of Consistent Statements in Security Clearance Evaluations