ISCR Case USA-C No. 22-02418-R

Case Headnote

ISCR Case No. USA-C No. 22-02418-R

deniedMar 2, 2023· Hon. Carol G. Ricciardello· hearing

Summary

A 41-year-old federal employee and disabled veteran was denied a security clearance under Guideline J (Criminal Conduct) due to a felony charge related to child abuse. The incident occurred in May 2020 when the applicant admitted to hitting his daughter four to five times with a leather belt, leaving welts. A petition for protection from abuse was filed, leading to his arrest and a Class C felony charge for willful abuse of a child.

A forensic exam report confirmed injuries to the child's upper and lower extremities and buttocks. In July 2022, a Grand Jury indicted the applicant for torture, willful abuse, or cruelly beating a child under 18. Although he accepted a plea agreement in December 2022 to reduce the felony to a misdemeanor of harassment, he subsequently filed a motion to set aside his guilty plea later that month.

The denial was based on the serious doubts raised about the applicant's judgment and reliability by the felony charge. The judge found that the applicant's belief in the acceptability of his disciplinary actions demonstrated a lack of understanding of appropriate conduct, which undermined his claims of rehabilitation, despite evidence and character references presented.

Why the Applicant Was Denied

The applicant was charged with a Class C felony for willful abuse of a child, which raised serious doubts about his judgment and reliability.
The applicant's belief that his disciplinary actions were acceptable indicated a lack of understanding of appropriate conduct, undermining claims of rehabilitation.

Conditions Referenced

Disqualifying

AG ¶ 31(b)raisedCriminal ConductThe applicant was charged with a Class C felony for willful abuse of a child.

Mitigating

AG ¶ 32(a)rejectedTime Elapsed Since Criminal BehaviorThe applicant's criminal behavior was recent and ongoing, with no evidence suggesting it was unlikely to recur.
AG ¶ 32(d)rejectedEvidence of Successful RehabilitationThe applicant failed to take responsibility for his actions, undermining claims of rehabilitation.

Key Rule Quoted

“Criminal activity creates doubt about a person’s judgment, reliability, and trustworthiness.”
— AG ¶ 30

Procedural Posture

SOR issuedNov 2, 2020Letter of Intent to Revoke Eligibility for Access to Classified Information.
Answer filedJan 19, 2023Applicant elected to pursue the hearing process.
Hearing heldFeb 14, 2023Conducted via Microsoft Teams.
Decision dateMar 2, 2023

Cite For

Denial of Security Clearance Due to Criminal Conduct Under Guideline J
Impact of Recent Criminal Charges on Security Clearance Eligibility
Insufficient Evidence of Rehabilitation in the Context of Child Abuse Allegations

Editorial summary generated for research. Not legal advice; not a prediction. Verify against the full decision before relying on any quoted language.

¶	Allegation	Finding	Offense	Criminal disposition	Response	Disqualifying (¶31)	Mitigating applied (¶32)	Mitigation
1	Applicant failed to mitigate the Guideline J, criminal conduct security concerns.	Against Applicant	Domestic Violence	Convicted	Denied	(a) pattern of minor offenses casting doubt on judgment/reliability (b) evidence of criminal conduct, regardless of charge or conviction	—	—
1.a	In May 2020, Applicant picked up his daughter from a designated location. (low confidence)	Unknown	Unspecified Criminal Conduct	—	Unknown	—	—	—
1.b	He testified that when he and DT arrived at his parent’s house, they got out of the car, and he took off his leather belt and hit her four to five times. (low confidence)	Unknown	Domestic Violence	—	Unknown	—	—	—
1.b	He admitted that his blows left welt marks on her body. (low confidence)	Unknown	Domestic Violence	—	Unknown	—	—	—
1.c	On the day of the incident, M filed a petition for protection from abuse against Applicant. (low confidence)	Unknown	Domestic Violence	—	Unknown	—	—	—
1.d	He was arrested on the day of the incident and charged with a Class C felony for willful abuse of a child, which carries a sentence if convicted of no less than one year and one day and no more than ten years, if there are no prior offenses. (low confidence)	Unknown	Domestic Violence	Charged Not Convicted	Unknown	—	—	—
1.e	A forensic exam report from the state stated there were injuries to DT’s upper and lower extremities and buttocks. (low confidence)	Unknown	Domestic Violence	—	Unknown	—	—	—
1.f	On July 1, 2022, Applicant was indicted by a Grand Jury for torture, willful abuse, cruelly beating, or otherwise willfully maltreating a child under the age of 18 to wit: DT by 'whipping her on the back with a belt and hitting her chest', in violation of the state statute. (low confidence)	Unknown	Domestic Violence	Charged Not Convicted	Unknown	—	—	—
1.g	On December 1, 2022, Applicant voluntarily accepted a plea agreement to have the felony charge reduced to the misdemeanor of harassment. (low confidence)	Unknown	Domestic Violence	Convicted	Unknown	—	—	—
1.h	On December 23, 2022, Applicant filed a motion to set aside his guilty plea. (low confidence)	Unknown	Unspecified Criminal Conduct	—	Unknown	—	—	—
not recovered from source–not recovered from source	4 sub-charges — specific text not stated in this decision (rulings shown). (low confidence)	Mixed		—		—	—	—

Allegation

Finding

Offense

Criminal disposition

Response

Disqualifying (¶31)

Mitigating applied (¶32)

Mitigation

Applicant failed to mitigate the Guideline J, criminal conduct security concerns.

Against Applicant

Domestic Violence

Convicted

Denied

(a) pattern of minor offenses casting doubt on judgment/reliability

(b) evidence of criminal conduct, regardless of charge or conviction

—

1.a

In May 2020, Applicant picked up his daughter from a designated location. (low confidence)

Unknown

Unspecified Criminal Conduct

—

Unknown

—

1.b

He testified that when he and DT arrived at his parent’s house, they got out of the car, and he took off his leather belt and hit her four to five times. (low confidence)

Unknown

Domestic Violence

—

Unknown

—

1.b

He admitted that his blows left welt marks on her body. (low confidence)

Unknown

Domestic Violence

—

Unknown

—

1.c

On the day of the incident, M filed a petition for protection from abuse against Applicant. (low confidence)

Unknown

Domestic Violence

—

Unknown

—

1.d

He was arrested on the day of the incident and charged with a Class C felony for willful abuse of a child, which carries a sentence if convicted of no less than one year and one day and no more than ten years, if there are no prior offenses. (low confidence)

Unknown

Domestic Violence

Charged Not Convicted

Unknown

—

1.e

A forensic exam report from the state stated there were injuries to DT’s upper and lower extremities and buttocks. (low confidence)

Unknown

Domestic Violence

—

Unknown

—

1.f

On July 1, 2022, Applicant was indicted by a Grand Jury for torture, willful abuse, cruelly beating, or otherwise willfully maltreating a child under the age of 18 to wit: DT by 'whipping her on the back with a belt and hitting her chest', in violation of the state statute. (low confidence)

Unknown

Domestic Violence

Charged Not Convicted

Unknown

—

1.g

On December 1, 2022, Applicant voluntarily accepted a plea agreement to have the felony charge reduced to the misdemeanor of harassment. (low confidence)

Unknown

Domestic Violence

Convicted

Unknown

—

1.h

On December 23, 2022, Applicant filed a motion to set aside his guilty plea. (low confidence)

Unknown

Unspecified Criminal Conduct

—

Unknown

—

not recovered from source–not recovered from source

4 sub-charges — specific text not stated in this decision (rulings shown). (low confidence)

Mixed

—

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Case Profile

Summary

Why the Applicant Was Denied

Conditions Referenced

Key Rule Quoted

Procedural Posture

Cite For

Full decision

DEFENSE OFFICE OF HEARINGS AND APPEALS

HEARING

APPEARANCES

STATEMENT OF CASE

FINDINGS OF FACT

POLICIES

ANALYSIS

WHOLE PERSON CONCEPT

FORMAL FINDINGS

CONCLUSION