ISCR Case 16-03332

Case Headnote

ISCR Case No. 16-03332

grantedNov 28, 2018· Hon. Gregg A. Cervi· hearing

Summary

A 29-year-old motor-vehicle mechanic and fork-lift operator was granted a security clearance despite concerns under Guideline D (Criminal Conduct) and Guideline J (Material, Intentional False Statement, Deception or Fraud). The applicant had a history of minor criminal offenses, including a high school fighting arrest (dismissed), a 2009 reckless driving and no-license charge (fined), and two disorderly conduct charges in 2010 (fined). In 2012, he was arrested for stealing games, resulting in a deferred adjudication, probation, restitution, a fine, and community service, which he completed, leading to the charge's dismissal.

Additionally, the applicant faced concerns regarding a federal employment form. In August 2015, he manually completed a Federal Declaration of Employment (FORM 306), disclosing his traffic violations, loud music offense, and 2012 theft charge. However, in February 2016, he signed a typed version of the FORM 306, which, at his employer's instruction, omitted minor offenses, listing only the 2012 theft. The Statement of Reasons alleged he failed to report the March 2010 incident on this later form.

The judge found that the applicant had mitigated these concerns. Evidence showed significant rehabilitation since his last criminal conduct in 2012, and he provided credible testimony about his changed lifestyle and responsibility as a family man. His employment record was stable, with no safety or security violations, and he had received recognition for outstanding service. Based on these mitigating factors, the applicant was granted CAC eligibility.

Why the Applicant Prevailed

The applicant demonstrated significant rehabilitation since his last criminal conduct in 2012.
He provided credible testimony regarding his change in lifestyle and responsibility as a family man.
The applicant's employment record showed no safety or security violations, and he was recognized for outstanding service.

Conditions Referenced

Disqualifying

SAS ¶ 2raisedCriminal or Dishonest Conduct
SAS ¶ 3raisedMaterial, Intentional False Statement, Deception or Fraud

Mitigating

SAS ¶ 2.c (1)appliedBehavior Happened Long Ago or Was Minor
SAS ¶ 2.c (2)appliedCharges Were Dismissed or Evidence Supports Innocence
SAS ¶ 2.c (4)appliedEvidence of Successful Rehabilitation
SAS ¶ 3.c (1)appliedMisstatement Was Minor or Unlikely to Recur
SAS ¶ 3.c (2)appliedMisstatement Was Unintentional or Inadvertent

Key Rule Quoted

“The overriding factor for all of these conditions is unacceptable risk.”

Procedural Posture

SOR issuedMay 26, 2017
Answer filedAug 2, 2017
Hearing heldMar 14, 2018convened as scheduled
Decision dateNov 28, 2018

Cite For

Mitigation of Criminal Conduct Under Guideline D
Successful Rehabilitation Efforts in Credentialing Cases
Consideration of Minor Offenses in the Context of Overall Conduct

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

¶	Allegation	Finding	Type	Response	Disqualifying (¶13)	Mitigating applied (¶14)	Mitigation
1.a–2.a	6 sub-charges — specific text not stated in this decision (for the applicant).	For Applicant			—	—	—

Allegation

Finding

Type

Response

Disqualifying (¶13)

Mitigating applied (¶14)

Mitigation

1.a–2.a

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

For Applicant

—

¶	Allegation	Finding	Offense	Criminal disposition	Response	Disqualifying (¶31)	Mitigating applied (¶32)	Mitigation
1.a	Applicant was arrested for fighting while he was in high school. The charge was dismissed.	For Applicant	Unspecified Criminal Conduct	Dismissed or Nolle Prossed	Admitted	—	—	—
1.b	He was arrested for reckless driving and not having an operator license in 2009. Applicant was fined.	For Applicant	Traffic Offense Pattern	Conduct No Charge	Admitted	—	—	—
1.c	In January 2010, Applicant was charged with disorderly conduct because of a confrontation with a person following too close to his vehicle. He was fined.	For Applicant	Unspecified Criminal Conduct	Conduct No Charge	Admitted	—	—	—
1.d	In March 2010, Applicant was charged with having loud music and disorderly conduct after he yelled a comment out his window to the officer. He pleaded no contest and was fined.	For Applicant	Unspecified Criminal Conduct	Convicted	Admitted	—	—	—
1.e	He was again arrested in 2012 for stealing games from a department store. He received a deferred adjudication to include one year of probation, restitution, a fine, and 80 hours of community service. He completed his sentence and the charge was dismissed.	For Applicant	Theft or Larceny	Diversion or Deferred	Admitted	—	—	—
2.a	Applicant completed a Federal Declaration of Employment (FORM 306) in August 2015 by hand. In it, he noted his traffic violations, loud music offense, and 2012 theft charge. He was instructed by his employer to sign a typed version of the FORM 306 and to remove the minor offenses because the employer believed they were not necessary to report. He signed the new Form 306 in February 2016, and listed only his 2012 theft offense. The SOR alleges he failed to report the March 2010 incident on his February 2016 FORM 306.	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 arrested for fighting while he was in high school. The charge was dismissed.

For Applicant

Unspecified Criminal Conduct

Dismissed or Nolle Prossed

Admitted

—

1.b

He was arrested for reckless driving and not having an operator license in 2009. Applicant was fined.

For Applicant

Traffic Offense Pattern

Conduct No Charge

Admitted

—

1.c

In January 2010, Applicant was charged with disorderly conduct because of a confrontation with a person following too close to his vehicle. He was fined.

For Applicant

Unspecified Criminal Conduct

Conduct No Charge

Admitted

—

1.d

In March 2010, Applicant was charged with having loud music and disorderly conduct after he yelled a comment out his window to the officer. He pleaded no contest and was fined.

For Applicant

Unspecified Criminal Conduct

Convicted

Admitted

—

1.e

He was again arrested in 2012 for stealing games from a department store. He received a deferred adjudication to include one year of probation, restitution, a fine, and 80 hours of community service. He completed his sentence and the charge was dismissed.

For Applicant

Theft or Larceny

Diversion or Deferred

Admitted

—

2.a

Applicant completed a Federal Declaration of Employment (FORM 306) in August 2015 by hand. In it, he noted his traffic violations, loud music offense, and 2012 theft charge. He was instructed by his employer to sign a typed version of the FORM 306 and to remove the minor offenses because the employer believed they were not necessary to report. He signed the new Form 306 in February 2016, and listed only his 2012 theft offense. The SOR alleges he failed to report the March 2010 incident on his February 2016 FORM 306.

For Applicant

Unspecified Criminal Conduct

Conduct No Charge

Admitted

—

Loading case…

Case Profile

Summary

Why the Applicant Prevailed

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