ISCR Case 22-00761

Case Headnote

ISCR Case No. 22-00761

grantedMar 11, 2024· Hon. Robert J. Tuider· hearing

Summary

Robert Tuider, a 33-year-old cyber operations lead analyst, was granted eligibility for access to classified information despite concerns under Guideline J (Criminal Conduct) and Guideline E (Personal Conduct). These concerns stemmed from three separate domestic violence allegations between May 2017 and February 2020.

The first allegation in May 2017 involved his first wife, resulting in an arrest, charges of abuse, and a temporary restraining order. This charge was ultimately dismissed with prejudice. In July 2019, Tuider was arrested and charged with abuse involving his second wife; this charge was dismissed with prejudice due to lack of evidence. A third incident in February 2020, also involving his second wife, led to an arrest, a domestic violence charge, and another temporary restraining order, which was also dismissed with prejudice because the complainant failed to appear.

All three domestic violence allegations were dismissed with prejudice, and Tuider received expungement orders for each, allowing him to state he has no record of these arrests. The judge found Tuider's testimony credible, noting his military service and educational achievements. Furthermore, Tuider demonstrated rehabilitation by voluntarily attending domestic violence classes and seeking counseling for stress and depression.

Why the Applicant Prevailed

All allegations of domestic violence were dismissed with prejudice due to lack of evidence and the complainants' failure to appear in court.
TUIDER received expungement orders for all three charges, allowing him to state he has no record of these arrests.
He demonstrated rehabilitation by voluntarily attending domestic violence classes and seeking counseling for stress and depression.

Conditions Referenced

Disqualifying

AG ¶ 31(a)raisedPattern of Minor Offenses
AG ¶ 31(b)raisedEvidence of Criminal Conduct

Mitigating

AG ¶ 32(a)appliedTime Elapsed Since Criminal Behavior
AG ¶ 32(c)appliedNo Reliable Evidence to Support the Individual Committed the Offense
AG ¶ 32(d)appliedEvidence of Successful Rehabilitation
AG ¶ 17(c)appliedOffense Is Minor or Unlikely to Recur
AG ¶ 17(d)appliedAcknowledged Behavior and Obtained Counseling
AG ¶ 17(f)appliedInformation Was Unsubstantiated

Key Rule Quoted

“The protection of the national security is the paramount consideration.”

Procedural Posture

SOR issuedAug 8, 2022
Answer filedSep 7, 2022
Hearing heldFeb 28, 2023via Microsoft Teams
Decision dateMar 11, 2024

Cite For

Mitigation of Domestic Violence Allegations Under Guideline J
Successful Rehabilitation Efforts in Personal Conduct Cases
Credibility of Applicant's Testimony in the Absence of Complainants' Evidence

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.a	In May 2017, Applicant was arrested and charged with abuse of a family member and household members, and a temporary restraining order (TRO) was entered against him. The complainant was Applicant’s first wife. The charge was initially dismissed without prejudice and later dismissed with prejudice.	For Applicant	Domestic Violence	Dismissed or Nolle Prossed	Denied	—	(a) so much time has passed, or unusual circumstances, that it is unlikely to recur (c) no reliable evidence the individual committed the offense (d) evidence of successful rehabilitation (time, restitution, employment, etc.)	—
1.b	In July 2019, Applicant was arrested and charged with abuse of family and household members. The complainant was Applicant’s second wife. The charge was dismissed with prejudice for lack of evidence.	For Applicant	Domestic Violence	Dismissed or Nolle Prossed	Denied	—	(a) so much time has passed, or unusual circumstances, that it is unlikely to recur (c) no reliable evidence the individual committed the offense (d) evidence of successful rehabilitation (time, restitution, employment, etc.)	—
1.c	In February 2020, Applicant was arrested and charged with a domestic violence crime and a TRO was entered against him. Again, the complainant was Applicant’s second wife. The charge was dismissed with prejudice, as in the two previous cases, because his former spouse failed to appear.	For Applicant	Domestic Violence	Dismissed or Nolle Prossed	Denied	—	(a) so much time has passed, or unusual circumstances, that it is unlikely to recur (c) no reliable evidence the individual committed the offense (d) evidence of successful rehabilitation (time, restitution, employment, etc.)	—

Allegation

Finding

Offense

Criminal disposition

Response

Disqualifying (¶31)

Mitigating applied (¶32)

Mitigation

1.a

In May 2017, Applicant was arrested and charged with abuse of a family member and household members, and a temporary restraining order (TRO) was entered against him. The complainant was Applicant’s first wife. The charge was initially dismissed without prejudice and later dismissed with prejudice.

For Applicant

Domestic Violence

Dismissed or Nolle Prossed

Denied

—

(a) so much time has passed, or unusual circumstances, that it is unlikely to recur

(c) no reliable evidence the individual committed the offense

(d) evidence of successful rehabilitation (time, restitution, employment, etc.)

—

1.b

In July 2019, Applicant was arrested and charged with abuse of family and household members. The complainant was Applicant’s second wife. The charge was dismissed with prejudice for lack of evidence.

For Applicant

Domestic Violence

Dismissed or Nolle Prossed

Denied

—

(a) so much time has passed, or unusual circumstances, that it is unlikely to recur

(c) no reliable evidence the individual committed the offense

(d) evidence of successful rehabilitation (time, restitution, employment, etc.)

—

1.c

In February 2020, Applicant was arrested and charged with a domestic violence crime and a TRO was entered against him. Again, the complainant was Applicant’s second wife. The charge was dismissed with prejudice, as in the two previous cases, because his former spouse failed to appear.

For Applicant

Domestic Violence

Dismissed or Nolle Prossed

Denied

—

(a) so much time has passed, or unusual circumstances, that it is unlikely to recur

(c) no reliable evidence the individual committed the offense

(d) evidence of successful rehabilitation (time, restitution, employment, etc.)

—

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Summary

Why the Applicant Prevailed

Conditions Referenced

Key Rule Quoted

Procedural Posture

Cite For

Full decision