Summary
A 37-year-old manager with a bachelor's degree was denied a security clearance under Guideline J (Criminal Conduct) due to a history of criminal charges spanning from 2012 to 2023. The allegations included a December 2012 arrest for possession of cocaine, possession of a controlled substance, and promoting prison contraband. In July 2019, the applicant was charged with felony theft of property and driving under the influence of alcohol.
Further charges included a May 2023 indictment on three counts of felony false statement to a federal agency, and a November 2023 charge for promoting prison contraband, intent to deliver a cellular phone to an inmate, and criminal trespass. The applicant admitted to multiple criminal charges, including drug possession and theft.
Despite completing court-ordered programs and presenting character references, the judge found insufficient evidence of rehabilitation. The applicant's criminal history and pending felony charges indicated a pattern of disregard for laws and regulations, raising serious doubts about her reliability and trustworthiness, leading to the denial of the security clearance.
Why the Applicant Was Denied
- The applicant admitted to multiple criminal charges, including drug possession and theft.
- The applicant's criminal history from 2012 to 2023 raised serious doubts about her reliability and trustworthiness.
- Pending felony charges indicated a pattern of disregard for laws and regulations.
Conditions Referenced
- AG ¶ 31(b)raisedCriminal Conduct
- AG ¶ 32(a)rejectedTime Elapsed Since Criminal BehaviorInsufficient time has passed since the applicant's last criminal conduct.
- AG ¶ 32(d)rejectedEvidence of Successful RehabilitationThe applicant has not taken responsibility for her federal fraud crimes and ongoing charges indicate a lack of rehabilitation.
Key Rule Quoted
“Criminal activity creates doubt about a person’s judgment, reliability, and trustworthiness.”
Procedural Posture
- SOR issuedFeb 21, 2025
- Answer filedMar 27, 2025
- Hearing heldAug 11, 2025via Microsoft Teams
- Decision dateSep 29, 2025
Cite For
- Denial of Security Clearance Due to Ongoing Criminal Conduct Under Guideline J
- Insufficient Evidence of Rehabilitation Despite Completion of Court-ordered Programs
- Serious Doubts About Reliability and Trustworthiness Stemming From a Pattern of Criminal Behavior.