Summary
A 36-year-old security officer was denied a security clearance due to concerns under Guidelines E (Personal Conduct), F (Financial Considerations), and J (Criminal Conduct). The applicant had a history of criminal conduct, including a dismissed felony charge in 2002 for failure of bailee to return property, and two separate incidents in 2009 involving assault and battery against family members. For the 2009 incidents, he was found guilty, sentenced to community service, fined, and placed on probation, which he successfully completed. An additional incident in 2011 involved charges of assault and battery and trespassing, which he denied.
While the applicant successfully mitigated concerns related to his criminal conduct and personal conduct, he failed to provide sufficient evidence to mitigate financial considerations. He had approximately $10,000 in delinquent debts, including a state tax lien, which he did not adequately address or resolve. Furthermore, he admitted to incorrectly answering "no" on a security clearance application regarding past criminal and financial issues, though he denied intentionally falsifying the financial section, claiming he was unaware of the extent of his delinquent debts.
The denial was primarily based on the applicant's failure to provide sufficient documentation to support his claims of disputing debts or taking steps to mitigate his financial issues. Despite mitigating criminal and some personal conduct concerns, the unresolved financial considerations led to the denial of his security clearance.
Why the applicant prevailed
- The applicant took responsibility for his past criminal conduct and successfully completed the terms of his sentence.
- He demonstrated a lack of further criminal activity and has distanced himself from family conflicts that contributed to his past issues.
Conditions referenced
- F.3raisedInability to Satisfy Debts
- F.4raisedUnwillingness to Satisfy Debts
- F.6raisedFailure to File or Fraudulently Filing Income Tax Returns
- J.1raisedCriminal Conduct
- J.2appliedEvidence of Successful Rehabilitation
- E.2appliedThe Conduct Happened so Long Ago or Occurred Under Such Circumstances That It Is Unlikely to Recur
Key rule quoted
“Eligibility for a security clearance is predicated upon the applicant meeting the criteria contained in the adjudicative guidelines.”
Procedural posture
- SOR issuedOct 24, 2016
- Answer filed—
- Hearing heldJan 18, 2018Record left open until February 1, 2018.
- Decision dateApr 3, 2018
Cite for
- Mitigation of Criminal Conduct Under Guideline J
- Financial Considerations and the Burden of Proof on the Applicant
- Personal Conduct and the Importance of Full Disclosure in Security Clearance Applications