ISCR Case 22-01372

Case Headnote

ISCR Case No. 22-01372

deniedApr 23, 2024· Hon. Braden M. Murphy· hearing

Summary

A 58-year-old male applicant was denied a security clearance primarily due to extensive and recent criminal conduct, as well as issues related to personal conduct. The denial was based on Guideline E (Personal Conduct), Guideline F (Financial Considerations), and Guideline J (Criminal Conduct).

The applicant's criminal history spanned over 40 years, with offenses occurring as recently as 2020. This included charges for larceny in 1982 and 1983, multiple assault on a female charges in 1996, 2002, and 2012, and two DWI charges in 2003 and 2020. Other charges included driving under suspended/revoked licenses in 2007 and 2008, unauthorized use of a motor vehicle in 2009, second-degree trespass in 2019, and violating a domestic violence protective order in 2019, following an order issued in 2018. Additionally, personal conduct concerns arose from various employment terminations between 2011 and 2019.

While the applicant had accrued several delinquent debts, these financial concerns were largely resolved and therefore mitigated. However, the judge determined that the applicant's long and recent history of criminal conduct raised significant unmitigated concerns regarding reliability and trustworthiness, leading to the denial of the security clearance.

Why the Applicant Was Denied

The applicant has a long history of criminal conduct spanning over 40 years, with offenses as recent as 2020.
The established criminal conduct raised significant concerns about the applicant's reliability and trustworthiness, which were not mitigated by other factors.

Conditions Referenced

Disqualifying

AG ¶ 31(a)appliedPattern of Minor Offenses
AG ¶ 31(b)appliedEvidence of Criminal Conduct

Mitigating

AG ¶ 20(a)rejectedBehavior Happened so Long AgoThe applicant's criminal conduct is too extensive and recent to be considered mitigated.
AG ¶ 20(d)appliedGood-faith Effort to Repay Debts
AG ¶ 32(a)rejectedTime Elapsed Since Criminal BehaviorThe applicant's criminal history is too extensive and recent to be considered mitigated.
AG ¶ 32(d)rejectedEvidence of Successful RehabilitationThe applicant did not establish that his criminal conduct is unlikely to recur.

Key Rule Quoted

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

Procedural Posture

SOR issuedNov 18, 2022
Answer filedJan 10, 2023Completed response to SOR.
Hearing heldFeb 27, 2024Hearing convened after rescheduling.
Decision dateApr 23, 2024

Cite For

Extensive Criminal History as a Disqualifying Factor Under Guideline J
Mitigating Conditions for Financial Issues Under Guideline F
Importance of Reliability and Trustworthiness in National Security Evaluations.

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

¶	Allegation	Finding	Conduct	Concealed Issue	Response	Disqualifying (¶16)	Mitigating applied (¶17)	Mitigation
2.a	Most of the personal conduct security concerns relate to a variety of employment terminations between 2011 and 2019.	Against Applicant	Rules Violation at Workplace	—	Unknown	—	—	—
2.b–2.i	8 sub-charges — specific text not stated in this decision (1 against, 7 for the applicant).	Mixed		—		—	—	—

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

2.a

Most of the personal conduct security concerns relate to a variety of employment terminations between 2011 and 2019.

Against Applicant

Rules Violation at Workplace

—

Unknown

—

2.b–2.i

8 sub-charges — specific text not stated in this decision (1 against, 7 for the applicant).

Mixed

—

¶	Allegation	Finding	Type	Response	Disqualifying (¶19)	Mitigating applied (¶20)	Mitigation
3.a	Applicant has accrued several delinquent debts, but financial considerations security concerns are mitigated since the debts are largely resolved. $9,000	For Applicant	Unspecified Financial	Admitted	—	—	—
3.b–3.d	3 sub-charges — specific text not stated in this decision (for the applicant).	For Applicant			—	—	—

Allegation

Finding

Type

Response

Disqualifying (¶19)

Mitigating applied (¶20)

Mitigation

3.a

Applicant has accrued several delinquent debts, but financial considerations security concerns are mitigated since the debts are largely resolved.

$9,000

For Applicant

Unspecified Financial

Admitted

—

3.b–3.d

3 sub-charges — specific text not stated in this decision (for the applicant).

For Applicant

—

¶	Allegation	Finding	Offense	Criminal disposition	Response	Disqualifying (¶31)	Mitigating applied (¶32)	Mitigation
1.a	In July 1982, when he was about 16 years old, Applicant was arrested and charged with larceny.	Against Applicant	Theft or Larceny	Conduct No Charge	Admitted	—	—	—
1.b	In February 1983, Applicant was arrested and charged with felony larceny and breaking and entering.	Against Applicant	Theft or Larceny	Conduct No Charge	Admitted	—	—	—
1.c	In May 1996, Applicant was charged with assault on a female.	Against Applicant	Assault or Battery	Conduct No Charge	Admitted	—	—	—
1.d	In May 2002, Applicant was arrested with assault on a female.	Against Applicant	Assault or Battery	Conduct No Charge	Admitted	—	—	—
1.e	In February 2003, Applicant was arrested and charged with DWI.	Against Applicant	DUI or DWI Criminal	Conduct No Charge	Admitted	—	—	—
1.f	In December 2007, Applicant was arrested and charged with driving under a suspended license, and in March 2008, he was arrested and charged with driving while his license was revoked.	Against Applicant	Traffic Offense Pattern	Conduct No Charge	Admitted	—	—	—
1.g	In December 2009, Applicant was arrested and charged with unauthorized use of a motor vehicle.	Against Applicant	Trespassing or Burglary	Conduct No Charge	Admitted	—	—	—
1.h	In August 2012, Applicant was arrested and charged with assault on a female.	Against Applicant	Assault or Battery	Conduct No Charge	Admitted	—	—	—
1.i	In October 2018, a domestic violence protective order was issued against Applicant.	Against Applicant	Domestic Violence	Conduct No Charge	Admitted	—	—	—
1.j	In February 2019, Applicant was arrested and charged with second degree trespass.	Against Applicant	Trespassing or Burglary	Conduct No Charge	Admitted	—	—	—
1.k	In September 2019, Applicant was arrested and charged with violating a domestic violence protective order.	Against Applicant	Domestic Violence	Conduct No Charge	Admitted	—	—	—
1.l	In January 2020, Applicant was arrested and charged with DWI.	Against Applicant	DUI or DWI Criminal	Conduct No Charge	Denied	—	—	—
1.m	Applicant has a long history of criminal conduct, going back over 40 years, to as recently as 2020.	Against Applicant	Multiple Arrests Pattern	Conduct No Charge	Admitted	—	—	—
1.n	Applicant has accrued several delinquent debts, but financial considerations security concerns are mitigated since the debts are largely resolved.	Against Applicant	Unspecified Criminal Conduct	Conduct No Charge	Admitted	—	—	—

Allegation

Finding

Offense

Criminal disposition

Response

Disqualifying (¶31)

Mitigating applied (¶32)

Mitigation

1.a

In July 1982, when he was about 16 years old, Applicant was arrested and charged with larceny.

Against Applicant

Theft or Larceny

Conduct No Charge

Admitted

—

1.b

In February 1983, Applicant was arrested and charged with felony larceny and breaking and entering.

Against Applicant

Theft or Larceny

Conduct No Charge

Admitted

—

1.c

In May 1996, Applicant was charged with assault on a female.

Against Applicant

Assault or Battery

Conduct No Charge

Admitted

—

1.d

In May 2002, Applicant was arrested with assault on a female.

Against Applicant

Assault or Battery

Conduct No Charge

Admitted

—

1.e

In February 2003, Applicant was arrested and charged with DWI.

Against Applicant

DUI or DWI Criminal

Conduct No Charge

Admitted

—

1.f

In December 2007, Applicant was arrested and charged with driving under a suspended license, and in March 2008, he was arrested and charged with driving while his license was revoked.

Against Applicant

Traffic Offense Pattern

Conduct No Charge

Admitted

—

1.g

In December 2009, Applicant was arrested and charged with unauthorized use of a motor vehicle.

Against Applicant

Trespassing or Burglary

Conduct No Charge

Admitted

—

1.h

In August 2012, Applicant was arrested and charged with assault on a female.

Against Applicant

Assault or Battery

Conduct No Charge

Admitted

—

1.i

In October 2018, a domestic violence protective order was issued against Applicant.

Against Applicant

Domestic Violence

Conduct No Charge

Admitted

—

1.j

In February 2019, Applicant was arrested and charged with second degree trespass.

Against Applicant

Trespassing or Burglary

Conduct No Charge

Admitted

—

1.k

In September 2019, Applicant was arrested and charged with violating a domestic violence protective order.

Against Applicant

Domestic Violence

Conduct No Charge

Admitted

—

1.l

In January 2020, Applicant was arrested and charged with DWI.

Against Applicant

DUI or DWI Criminal

Conduct No Charge

Denied

—

1.m

Applicant has a long history of criminal conduct, going back over 40 years, to as recently as 2020.

Against Applicant

Multiple Arrests Pattern

Conduct No Charge

Admitted

—

1.n

Applicant has accrued several delinquent debts, but financial considerations security concerns are mitigated since the debts are largely resolved.

Against Applicant

Unspecified Criminal Conduct

Conduct No Charge

Admitted

—

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Summary

Why the Applicant Was Denied

Conditions Referenced

Key Rule Quoted

Procedural Posture

Cite For

Full decision