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ISCR Case 23-00355 — CASE

Case record

ISCR Case 23-00355

A decided public DOHA case, shown for research — not advice or a prediction.

Case Profile
Decision Date2/27/2024
Statusdenied
LevelHEARING
TypeSTANDARD ISCR
Participants
Applicant Representation: Pro Se
Judge: Roger C. Wesley
Government Counsel: David F. Hayes
Case Summary
The applicant in this case was a 39-year-old employee of a defense contractor seeking a security clearance. The Defense Counterintelligence and Security Agency (DCSA) issued a Statement of Reasons (SOR) citing concerns under the personal conduct and criminal conduct guidelines. The core allegations included the applicant's failure to disclose a September 2021 felony arrest for battery/domestic violence by strangulation on his electronic questionnaire (e-QIP) and a history of multiple criminal violations dating back to 2004.
In his response to the SOR, the applicant admitted to some of the allegations but claimed that his omissions were unintentional and based on misunderstandings of the questions. He acknowledged his criminal history, explaining that some charges were dismissed or resolved with fines. However, the administrative judge found that the applicant's omissions and subsequent admissions during a personal subject interview indicated a lack of candor and poor judgment. The judge concluded that the applicant's failure to provide truthful information raised significant security concerns regarding his reliability and trustworthiness.
Ultimately, the administrative judge ruled against the applicant, denying his eligibility for access to classified information. The decision was based on the applicant's history of criminal conduct and personal conduct issues, which were deemed insufficiently mitigated by his explanations. The judge emphasized the importance of honesty and the potential risks associated with granting a security clearance to someone with the applicant's background.
Guidelines Evaluated
- Guideline EPersonal Conduct · Against Applicant
- Guideline JCriminal Conduct · Against Applicant
Similar decisions
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Case Headnote

ISCR Case No. 23-00355

deniedFeb 27, 2024· Hon. Roger C. Wesley· hearing

Summary

A 39-year-old IT engineer, employed by a defense contractor, was denied a security clearance due to concerns under Guideline E (Personal Conduct) and Guideline J (Criminal Conduct). The denial stemmed from the applicant's failure to disclose a felony battery charge and a history of multiple criminal offenses on his July 13, 2022, e-QIP.

Specifically, the applicant omitted a September 2021 arrest and charge for felony battery/domestic violence by strangulation from two sections of his e-QIP. This omission was considered a falsification of his electronic questionnaire. Additionally, the applicant's criminal history included multiple arrests and charges between June 2004 and September 2021, such as violating probation in January 2011, speeding/driving on a suspended license in January 2010 and September 2004, family violence: battery, cruelty to children/criminal trespass in July 2005, and battery/cruelty to children in June 2004.

The administrative judge found that the applicant's lack of candor regarding the felony battery charge and his extensive criminal record raised significant security concerns. The explanations provided for these omissions were not deemed credible, leading to a determination that the security risks were not mitigated. Consequently, the applicant's security clearance was denied.

Why the Applicant Was Denied

The applicant failed to disclose a felony battery charge on his e-QIP, demonstrating a lack of candor.
The applicant has a history of multiple criminal offenses, including domestic violence, which raised significant security concerns.
The applicant's explanations for his omissions were not deemed credible, leading to doubts about his reliability and trustworthiness.

Conditions Referenced

Disqualifying

DC ¶ 16(a)appliedDeliberate Omission, Concealment, or Falsification of Relevant Facts
DC ¶ 31(a)appliedPattern of Minor Offenses

Key Rule Quoted

“Eligibility for access to classified information may only be granted 'upon a finding that it is clearly consistent with the national interest to do so.'”
— Exec. Or. 10865, Safeguarding Classified Information within Industry § 2 (Feb. 20, 1960), as amended.

Procedural Posture

SOR issuedApr 4, 2023
Answer filedMay 21, 2023Requested decision on the written record.
Hearing held—Decision made based on written record.
Decision dateFeb 27, 2024

Cite For

Lack of Candor in Security Clearance Applications Under Guideline E
Impact of Criminal History on Security Clearance Eligibility Under Guideline J
Importance of Credibility in Mitigating Security Concerns

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

Standardized Decision Profile

SEAD-4 Guideline E (Personal Conduct) · descriptive summary of a decided case

Posture: Decision on RecordDecided: denied

The judge found that the applicant falsified his electronic questionnaires by omitting a significant arrest and charge for felony battery/domestic violence. The applicant's claims of misunderstanding were not accepted as mitigating factors, leading to a denial of eligibility for a security clearance.

¶	Allegation	Finding	Conduct	Concealed Issue	Response	Disqualifying (¶16)	Mitigating applied (¶17)	Mitigation
1.a	Applicant allegedly falsified his electronic questionnaires of investigations processing (e-QIP) of July 13, 2022, by omitting his arrest and charge within the past seven years of felony/battery/domestic violence by strangulation in September 2021.	Against Applicant	Omission or Failure to DiscloseFOUND DELIBERATE	Criminal Conduct	Denied	—	—	—
1.b	Allegedly, he also falsified his e-QIP of July 13, 2022, by omitting the same September 2021 felony arrest and charge information under Section 22 of his e-QIP in the space calling for the listing of felony charges and convictions, regardless of the date of the offense or offenses.	Against Applicant	Omission or Failure to DiscloseFOUND DELIBERATE	Criminal Conduct	Denied	—	—	—

Descriptive standardized rendering of a decided public case (Guideline E). The verbatim source decision is shown in full below.

Standardized Decision Profile

SEAD-4 Guideline J (Criminal Conduct) · descriptive summary of a decided case

Posture: Decision on RecordDecided: denied

The judge found against the applicant on all allegations related to criminal conduct, which included multiple arrests and charges spanning from 2004 to 2021, including felony battery/domestic violence by strangulation. The applicant admitted to the allegations but claimed some charges were dismissed or resolved with fines. Ultimately, the judge concluded that the applicant's criminal conduct raised security concerns that were not mitigated, resulting in a denial of eligibility for a security clearance.

¶	Allegation	Finding	Offense	Criminal disposition	Response	Disqualifying (¶31)	Mitigating applied (¶32)	Mitigation
2.a	Applicant was arrested and charged with multiple criminal violations between June 2004 and September 2021, including felony battery/domestic violence by strangulation in September 2021.	Against Applicant	Domestic Violence	Charged Not Convicted	Admitted	—	—	—
2.b	Applicant was arrested and charged in January 2011 with violating probation.	Against Applicant	Probation or Court Order Violation	Charged Not Convicted	Admitted	—	—	—
2.c	Applicant was arrested and charged in January 2010 with speeding/driving on a suspended license.	Against Applicant	Traffic Offense Pattern	Charged Not Convicted	Admitted	—	—	—
2.d	Applicant was arrested and charged in July 2005 with family violence: battery, cruelty to children/criminal trespass.	Against Applicant	Assault or Battery	Charged Not Convicted	Admitted	—	—	—
2.e	Applicant was arrested and charged in September 2004 with driving on a suspended license.	Against Applicant	Traffic Offense Pattern	Charged Not Convicted	Admitted	—	—	—
2.f	Applicant was arrested and charged in June 2004 for battery/cruelty to children.	Against Applicant	Assault or Battery	Charged Not Convicted	Admitted	—	—	—

Descriptive standardized rendering of a decided public case (Guideline J). The verbatim source decision is shown in full below.

Full decision

The complete, official text — footnotes and signatures included — is in the original PDF.