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ISCR Case 24-02353 — CASE

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ISCR Case 24-02353

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

Case Profile
Decision Date6/13/2025
Statusgranted
LevelHEARING
TypeSTANDARD ISCR
Participants
Applicant Representation: Pro Se
Judge: Darlene Lokey Anderson
Government Counsel: Aubrey M. De Angelis
Case Summary
The applicant in this case was a 30-year-old Aircraft Mechanic employed by a defense contractor, seeking a security clearance. The Department of Defense issued a Statement of Reasons (SOR) citing security concerns under Guideline J, Criminal Conduct, due to the applicant's history of arrests, including possession of a controlled substance in 2016, boating under the influence in 2019, and battery by strangulation in 2021.
The applicant admitted to the incidents outlined in the SOR but provided context and mitigation for each. He explained that his 2016 arrest involved a minor amount of marijuana, for which he completed probation and had the record sealed. Regarding the boating incident, he claimed he was not intoxicated and had refused a breathalyzer. The 2021 battery charge stemmed from a tumultuous relationship with an ex-girlfriend, where he asserted that he was not the aggressor. Witnesses testified to his good character and work ethic, emphasizing his reliability and professionalism.
The administrative judge ruled in favor of the applicant, concluding that the mitigating factors outweighed the disqualifying conditions. The judge noted the applicant's efforts to improve himself, his lack of subsequent legal issues, and the positive testimonials from colleagues, which indicated a commitment to responsible behavior and professional integrity.
Guidelines Evaluated
- Guideline FFinancial Considerations · For Applicant
- Guideline JCriminal Conduct · For Applicant
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Case Headnote

ISCR Case No. 24-02353

grantedJun 13, 2025· Hon. Darlene Lokey Anderson· hearing

Summary

This case concerns a 30-year-old Aircraft Mechanic whose security clearance was reviewed under Guideline F (Financial Considerations) and Guideline J (Criminal Conduct). The Statement of Reasons detailed a history of criminal conduct, specifically an arrest in November 2016 for possession of marijuana, a July 2019 arrest for boating under the influence, and a June 2021 arrest for battery by strangulation. These allegations raised disqualifying conditions under AG ¶ 31(a) and AG ¶ 31(b).

However, the administrative judge applied mitigating conditions under AG ¶ 32(a) and AG ¶ 32(d). The decision to grant the clearance was based on several factors. The applicant had not engaged in any criminal conduct for the past four years, demonstrating a significant period of positive change.

Furthermore, the applicant showed successful rehabilitation and maturity since his last incident. Positive testimonials from colleagues underscored his professionalism and reliability. Ultimately, the administrative judge found that the applicant's demonstrated rehabilitation and absence of further criminal conduct warranted a favorable decision, and the security clearance was GRANTED.

Why the Applicant Prevailed

The applicant has not engaged in any criminal conduct for the past four years.
The applicant demonstrated successful rehabilitation and maturity since his last incident.
Positive testimonials from colleagues highlighted the applicant's professionalism and reliability.

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(d)appliedEvidence of Successful Rehabilitation

Key Rule Quoted

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

Procedural Posture

SOR issuedDec 20, 2024
Answer filedJan 13, 2025
Hearing heldMay 20, 2025
Decision dateJun 13, 2025

Cite For

Successful Rehabilitation Under Guideline J
Mitigation of Criminal Conduct Due to Time Elapsed
Consideration of the Whole-person Concept in Security Clearance Decisions.

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 J (Criminal Conduct) · descriptive summary of a decided case

Posture: HearingDecided: granted

The judge found that the applicant has a history of criminal conduct, including arrests for possession of a controlled substance, boating under the influence, and battery by strangulation. However, the judge ruled in favor of the applicant, concluding that the applicant has demonstrated significant personal growth and is now a different person, warranting the granting of national security eligibility.

¶	Allegation	Finding	Offense	Criminal disposition	Response	Disqualifying (¶31)	Mitigating applied (¶32)	Mitigation
1.a	Applicant has a history of criminal conduct involving an arrest in November 2016, for Possession of a Controlled Substance, marijuana; an arrest in July 2019, for Boating while Under the Influence; and an arrest for Battery by Strangulation in June 2021.	For Applicant	Drug Related Criminal Charge	Conduct No Charge	Admitted	—	(a) so much time has passed, or unusual circumstances, that it is unlikely to recur	Documented Acknowledgment and Remorse

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

Full decision

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