ISCR Case 16-02183.h1

Case Headnote

ISCR Case No. 16-02183.h1

deniedAug 6, 2018· Hon. Michael H. Leonard· hearing

Summary

A 31-year-old web-software developer was denied a security clearance due to concerns under Guideline E (Personal Conduct), Guideline F (Financial Considerations), and Guideline J (Criminal Conduct). The denial stemmed from a history of six criminal incidents between 2003 and 2015, which included charges for marijuana possession, operating a vehicle with a controlled substance, minor in possession of alcohol, assaulting a police officer, and two instances of disorderly conduct.

Specific incidents included a 2003 marijuana possession charge resulting in a guilty plea and subsequent sentencing, and a 2004 charge for operating a vehicle with a controlled substance, reduced to operating while visibly impaired. Other charges, such as minor in possession of alcohol in 2004 and assault on a police officer in 2006, were either dismissed or reduced. The applicant also faced disorderly conduct citations in 2010 and 2015, both resolved after completing anger-management programs.

Despite evidence of good character and rehabilitation efforts, the judge found a recurring pattern of poor judgment. This pattern raised substantial doubt about the applicant's reliability and trustworthiness, leading to the denial of the security clearance.

Why the Applicant Was Denied

The applicant had a history of six criminal incidents over a 12-year period, reflecting a pattern of poor judgment.
The judge expressed substantial doubt about the applicant's ability to remain law-abiding in the future despite evidence of rehabilitation efforts.

Conditions Referenced

Disqualifying

AG ¶ 31(a)raisedPattern of Minor Offenses
AG ¶ 31(b)raisedEvidence of Criminal Conduct
AG ¶ 31(d)raisedViolation or Revocation of Parole or Probation

Mitigating

AG ¶ 32(a)rejectedTime Elapsed Since Criminal BehaviorThe judge found that the time elapsed was insufficient to mitigate concerns.
AG ¶ 32(d)rejectedEvidence of Successful RehabilitationThe judge concluded it was too soon to determine if the applicant's pattern of behavior had changed.
AG ¶ 16(c)appliedCredible Adverse Information in Several AreasThe judge considered the cumulative effect of the applicant's criminal history.

Key Rule Quoted

“It is well-established law that no one has a right to a security clearance.”
— Department of the Navy v. Egan, 484 U.S. 518, 528 (1988)

Procedural Posture

SOR issuedDec 21, 2016
Answer filedJan 29, 2017Initially requested a decision based on the written record.
Hearing heldApr 12, 2018
Decision dateAug 6, 2018

Cite For

Pattern of Criminal Conduct Under Guideline J
Consideration of Rehabilitation Efforts in Security Clearance Cases
Impact of Multiple Minor Offenses on Security Clearance Eligibility

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

¶	Allegation	Finding	Conduct	Concealed Issue	Response	Disqualifying (¶16)	Mitigating applied (¶17)	Mitigation
2.a–2.g	7 sub-charges — specific text not stated in this decision (rulings shown).	Mixed		—		—	—	—

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

2.a–2.g

7 sub-charges — specific text not stated in this decision (rulings shown).

Mixed

—

¶	Allegation	Finding	Type	Response	Disqualifying (¶19)	Mitigating applied (¶20)	Mitigation
1.a–1.g	7 sub-charges — specific text not stated in this decision (6 against, 1 for the applicant).	Mixed			—	—	—

Allegation

Finding

Type

Response

Disqualifying (¶19)

Mitigating applied (¶20)

Mitigation

1.a–1.g

7 sub-charges — specific text not stated in this decision (6 against, 1 for the applicant).

Mixed

—

¶	Allegation	Finding	Offense	Criminal disposition	Response	Disqualifying (¶31)	Mitigating applied (¶32)	Mitigation
1.a	Applicant was charged with the misdemeanor offense of possession of marijuana in October 2003. He pleaded guilty in April 2004, but the judgment was deferred for one year. He was later found guilty of the charge and sentenced to pay fines, serve jail time, and complete probation.	Against Applicant	Drug Related Criminal Charge	Convicted	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability (b) evidence of criminal conduct, regardless of charge or conviction (d) violation of parole/probation or failure to complete a court program	—	—
1.b	In July 2004, Applicant was charged with operating a vehicle with the presence of a controlled substance. He pleaded guilty to a reduced charge of operating a vehicle while visibly impaired in June 2005.	Against Applicant	Traffic Offense Pattern	Convicted	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability (b) evidence of criminal conduct, regardless of charge or conviction (d) violation of parole/probation or failure to complete a court program	—	—
1.c	In August 2004, Applicant was charged with minor in possession of alcohol. The charge was dismissed without a finding of guilt.	Against Applicant	Unspecified Criminal Conduct	Acquitted or Found Not Guilty	Admitted	—	—	—
1.d	In February 2006, Applicant was charged with assaulting a police officer and possession of a controlled substance. The assault charge was dismissed, and the possession charge was reduced to a misdemeanor. He was sentenced to fines, jail time, and probation.	Against Applicant	Assault or Battery	Convicted	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability (b) evidence of criminal conduct, regardless of charge or conviction (d) violation of parole/probation or failure to complete a court program	—	—
1.e	In March 2010, Applicant was cited for disorderly conduct. The matter was dismissed after he completed an anger-management program.	For Applicant	Unspecified Criminal Conduct	Dismissed or Nolle Prossed	Admitted	—	—	—
1.f	In April 2015, Applicant was arrested for disorderly conduct/domestic violence stemming from an argument with his then wife. The matter was dismissed after he completed an anger-management program.	Against Applicant	Domestic Violence	Dismissed or Nolle Prossed	Admitted	(b) evidence of criminal conduct, regardless of charge or conviction	—	—
1.g	specific text not stated in this decision	Unknown	Unspecified Criminal Conduct	—	Unknown	—	—	—

Allegation

Finding

Offense

Criminal disposition

Response

Disqualifying (¶31)

Mitigating applied (¶32)

Mitigation

1.a

Applicant was charged with the misdemeanor offense of possession of marijuana in October 2003. He pleaded guilty in April 2004, but the judgment was deferred for one year. He was later found guilty of the charge and sentenced to pay fines, serve jail time, and complete probation.

Against Applicant

Drug Related Criminal Charge

Convicted

Admitted

(a) pattern of minor offenses casting doubt on judgment/reliability

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

(d) violation of parole/probation or failure to complete a court program

—

1.b

In July 2004, Applicant was charged with operating a vehicle with the presence of a controlled substance. He pleaded guilty to a reduced charge of operating a vehicle while visibly impaired in June 2005.

Against Applicant

Traffic Offense Pattern

Convicted

Admitted

(a) pattern of minor offenses casting doubt on judgment/reliability

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

(d) violation of parole/probation or failure to complete a court program

—

1.c

In August 2004, Applicant was charged with minor in possession of alcohol. The charge was dismissed without a finding of guilt.

Against Applicant

Unspecified Criminal Conduct

Acquitted or Found Not Guilty

Admitted

—

1.d

In February 2006, Applicant was charged with assaulting a police officer and possession of a controlled substance. The assault charge was dismissed, and the possession charge was reduced to a misdemeanor. He was sentenced to fines, jail time, and probation.

Against Applicant

Assault or Battery

Convicted

Admitted

(a) pattern of minor offenses casting doubt on judgment/reliability

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

(d) violation of parole/probation or failure to complete a court program

—

1.e

In March 2010, Applicant was cited for disorderly conduct. The matter was dismissed after he completed an anger-management program.

For Applicant

Unspecified Criminal Conduct

Dismissed or Nolle Prossed

Admitted

—

1.f

In April 2015, Applicant was arrested for disorderly conduct/domestic violence stemming from an argument with his then wife. The matter was dismissed after he completed an anger-management program.

Against Applicant

Domestic Violence

Dismissed or Nolle Prossed

Admitted

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

—

1.g

specific text not stated in this decision

Unknown

Unspecified Criminal Conduct

—

Unknown

—

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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

PROCEDURAL MATTERS

FINDINGS OF FACT

DISCUSSION

FORMAL FINDINGS

CONCLUSION

FOOTNOTES