ISCR Case 15-08117

Case Headnote

ISCR Case No. 15-08117

deniedNov 15, 2017· Hon. Edward W. Loughran· hearing

Summary

A 46-year-old defense contractor employee was denied a security clearance due to concerns under Guideline J (Criminal Conduct). The applicant's history included multiple convictions for domestic violence, beginning in 1992 with corporal injury to a spouse and injury to a child in 1997, followed by a trespass conviction in 1998. In 2008, the applicant was convicted of battery/domestic violence, receiving time served, a fine, and a suspended sentence, and completed a six-month course on domestic violence and anger management. A 2009 arrest for battery/domestic violence had an unclear disposition, with the applicant asserting false accusation.

Further issues included a history of traffic citations and criminal moving violations between 2007 and 2011, encompassing offenses such as speeding, open container, driving without a license, driving with a suspended or revoked license, and various registration and insurance violations. Additionally, the applicant failed to file state and federal income tax returns for tax years 2002 and 2008 through 2011 until 2014. The 2002 returns showed outstanding debts of $3,576 to the IRS and $3,084 to the state, while later federal returns showed a mix of refunds and taxes owed.

The denial was based on the applicant's extensive criminal history, which raised significant concerns about reliability and trustworthiness. Despite expressing remorse, the judge determined that the applicant did not provide sufficient evidence of rehabilitation or that the criminal behavior was unlikely to recur, leading to the denial of CAC eligibility.

Why the Applicant Was Denied

The applicant has a long criminal history, including multiple convictions for domestic violence and traffic violations.
The applicant's pattern of criminal conduct raised concerns about reliability and trustworthiness.
The applicant did not provide sufficient evidence of rehabilitation or that criminal behavior is unlikely to recur.

Conditions Referenced

Disqualifying

2.b.(1)raisedA Single Serious Crime or Multiple Lesser Offenses Which Put the Safety of People at Risk or Threaten the Protection of Property or Information.
2.b.(2)raisedCharges or Admission of Criminal Conduct Relating to the Safety of People and Proper Protection of Property or Information Systems.
2.b.(5)raisedActions Involving Violence or Sexual Behavior of a Criminal Nature That Poses an Unacceptable Risk If Access Is Granted to Federally-controlled Facilities and Federally-controlled Information Systems.

Key Rule Quoted

“A CAC will not be issued to a person if there is a reasonable basis to believe, based on the individual’s criminal or dishonest conduct, that issuance of a CAC poses an unacceptable risk.”

Procedural Posture

SOR issuedDec 10, 2015
Answer filedJan 9, 2016
Hearing heldApr 11, 2016Applicant changed to decision on the written record.
Decision dateNov 9, 2017

Cite For

Denial of CAC Eligibility Due to a Long History of Criminal Conduct Under Guideline J
Insufficient Evidence of Rehabilitation in the Context of Criminal History
Unacceptable Risk Determination Based on Past Criminal Behavior

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	Applicant was convicted of inflicting corporal injury to a spouse or cohabitant in 1992; inflicting injury to a child in 1997; and trespass in 1998.	Against Applicant	Domestic Violence	Convicted	Admitted	(b) evidence of criminal conduct, regardless of charge or conviction (c) currently on parole or probation (e) discharge or dismissal from the Armed Forces under less than honorable conditions	—	—
1.b	Applicant was arrested in September 2008 and charged with battery/domestic violence. He was convicted and received time served, a fine, and a suspended sentence. He completed a six-month course on domestic violence and anger management.	For Applicant	Domestic Violence	Convicted	Admitted	—	—	—
1.c	Applicant was arrested in 2009 and charged with battery/domestic violence. He asserted that he was falsely accused. The disposition of the charge is unclear.	For Applicant	Domestic Violence	Charged Not Convicted	Denied	—	—	—
1.d	Applicant has a history of traffic citations and criminal moving violations. Between 2007 and 2011, he was cited on multiple occasions for speeding, open container, driving without a license, driving with a suspended license, driving with a revoked license, expired license plate, no insurance, no registration, and fictitious registration.	Against Applicant	Traffic Offense Pattern	Conduct No Charge	Admitted	(b) evidence of criminal conduct, regardless of charge or conviction	—	—
1.e	Applicant did not file his state and federal income tax returns when they were due for tax years 2002 and 2008 through 2011. He filed the returns in 2014. His 2002 returns show that he owed the IRS $3,576 and the state $3,084. His 2008 through 2011 federal returns show a mixture of refunds and additional taxes owed.	For Applicant	Unspecified Criminal Conduct	Conduct No Charge	Admitted	—	—	—

Allegation

Finding

Offense

Criminal disposition

Response

Disqualifying (¶31)

Mitigating applied (¶32)

Mitigation

1.a

Applicant was convicted of inflicting corporal injury to a spouse or cohabitant in 1992; inflicting injury to a child in 1997; and trespass in 1998.

Against Applicant

Domestic Violence

Convicted

Admitted

(b) evidence of criminal conduct, regardless of charge or conviction

(c) currently on parole or probation

(e) discharge or dismissal from the Armed Forces under less than honorable conditions

—

1.b

Applicant was arrested in September 2008 and charged with battery/domestic violence. He was convicted and received time served, a fine, and a suspended sentence. He completed a six-month course on domestic violence and anger management.

For Applicant

Domestic Violence

Convicted

Admitted

—

1.c

Applicant was arrested in 2009 and charged with battery/domestic violence. He asserted that he was falsely accused. The disposition of the charge is unclear.

For Applicant

Domestic Violence

Charged Not Convicted

Denied

—

1.d

Applicant has a history of traffic citations and criminal moving violations. Between 2007 and 2011, he was cited on multiple occasions for speeding, open container, driving without a license, driving with a suspended license, driving with a revoked license, expired license plate, no insurance, no registration, and fictitious registration.

Against Applicant

Traffic Offense Pattern

Conduct No Charge

Admitted

(b) evidence of criminal conduct, regardless of charge or conviction

—

1.e

Applicant did not file his state and federal income tax returns when they were due for tax years 2002 and 2008 through 2011. He filed the returns in 2014. His 2002 returns show that he owed the IRS $3,576 and the state $3,084. His 2008 through 2011 federal returns show a mixture of refunds and additional taxes owed.

For Applicant

Unspecified Criminal Conduct

Conduct No Charge

Admitted

—

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Case Profile

Summary

Why the Applicant Was Denied

Conditions Referenced

Key Rule Quoted

Procedural Posture

Cite For

Full decision

DEFENSE OFFICE OF HEARINGS AND APPEALS

HEARING

APPEARANCES

STATEMENT OF CASE

FINDINGS OF FACT

POLICIES

ANALYSIS

FORMAL FINDINGS

CONCLUSION

FOOTNOTES