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