ISCR Case 16-03736

Case Headnote

ISCR Case No. 16-03736

grantedOct 30, 2017· Hon. Candace Le'i Garcia· hearing

Summary

A 34-year-old painter's helper was evaluated for a security clearance, facing concerns under Guideline E (Personal Conduct), Guideline F (Financial Considerations), and Guideline J (Criminal Conduct). Allegations included a 2011 conviction for marijuana possession and driving without a license, which led to probation and a court-ordered payment plan. He was later arrested in 2014 for failing to maintain payments. Additionally, the applicant was alleged to have been fired from an employer in 2012 for unsatisfactory work and insubordination, and to have made material misstatements on his Declaration for Federal Employment regarding his criminal history and prior employment termination.

Specifically, the applicant did not list his 2011 conviction and probation, and marked "No" to being fired from any job, despite being terminated by two employers. He later stated he misunderstood the questions. In February 2016, he paid $350 towards his outstanding fine, and his payment plan was reinstated with community service.

Ultimately, the security clearance was GRANTED. The decision noted the applicant demonstrated successful rehabilitation, including compliance with his court-ordered payment plan. His criminal conduct was deemed isolated and occurred a significant time ago, and his application responses, while imperfect, did not indicate an intent to deceive.

Why the Applicant Prevailed

The applicant demonstrated evidence of successful rehabilitation, including compliance with a court-ordered payment plan.
The applicant's criminal conduct was isolated and occurred a significant time ago, reducing the perceived risk.
The applicant's responses on the employment application, while imperfect, did not indicate intent to deceive.

Conditions Referenced

Disqualifying

E2.araisedCriminal or Dishonest Conduct
E2.braisedCriminal or Dishonest Conduct
E1.bnotedMisconduct or Negligence in Employment
E3.araisedMaterial, Intentional False Statement, Deception, or Fraud

Mitigating

E2.c(1)appliedCriminal or Dishonest ConductThe behavior happened so long ago and was minor in nature.
E2.c(4)appliedCriminal or Dishonest ConductEvidence of successful rehabilitation was provided.

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.”
— DODI 5200.46, Appendix 2 to Enclosure 4, Supplemental Adjudicative Standards, ¶ 2

Procedural Posture

SOR issuedMar 9, 2017
Answer filedMar 24, 2017Applicant elected to have the case decided on the written record.
Hearing held—No hearing; decided on the written record.
Decision dateOct 30, 2017

Cite For

Successful Rehabilitation Mitigating Criminal Conduct Under Guideline E
Lack of Intent to Deceive in Employment Application Responses
Isolated Incidents of Past Misconduct Not Indicative of Current Risk

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
1.a	Criminal or dishonest conduct: Applicant was cited in January 2011 with possession of marijuana and no driver’s license. He was found guilty, sentenced to probation, and fined. The court placed him on a payment plan since he was unable to pay the fine in full.	For Applicant	Questionable Judgment General	Criminal Conduct	Admitted	—	(c) offense is minor, long ago, infrequent, or unique circumstances	—
1.b	Criminal or dishonest conduct: Applicant was arrested on a warrant in February 2014 while he was on probation, for failure to obey a court order, when he was unable to stay current on his monthly payments.	For Applicant	Questionable Judgment General	Criminal Conduct	Admitted	—	(c) offense is minor, long ago, infrequent, or unique circumstances	—
2.a	Misconduct or negligence in employment: Applicant was fired by his then-employer for unsatisfactory work quality and insubordination.	For Applicant	Rules Violation at Workplace	—	Denied	—	—	—
3.a	Material, intentional false statement, deception, or fraud: Applicant did not list his January 2011 conviction and consequent probation on his Declaration for Federal Employment.	For Applicant	Omission or Failure to DiscloseNOT DELIBERATE	Criminal Conduct	Admitted	—	—	—
3.b	Material, intentional false statement, deception, or fraud: Applicant marked 'No' on the employment application regarding being fired from any job for any reason, despite being fired by two employers.	For Applicant	Omission or Failure to DiscloseNOT DELIBERATE	Employment History	Denied	—	—	—
3.c	Material, intentional false statement, deception, or fraud: Applicant stated he misunderstood the questions on the Declaration for Federal Employment.	For Applicant	Lack of Candor in InterviewNOT DELIBERATE	—	Denied	—	—	—

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

1.a

Criminal or dishonest conduct: Applicant was cited in January 2011 with possession of marijuana and no driver’s license. He was found guilty, sentenced to probation, and fined. The court placed him on a payment plan since he was unable to pay the fine in full.

For Applicant

Questionable Judgment General

Criminal Conduct

Admitted

—

(c) offense is minor, long ago, infrequent, or unique circumstances

—

1.b

Criminal or dishonest conduct: Applicant was arrested on a warrant in February 2014 while he was on probation, for failure to obey a court order, when he was unable to stay current on his monthly payments.

For Applicant

Questionable Judgment General

Criminal Conduct

Admitted

—

(c) offense is minor, long ago, infrequent, or unique circumstances

—

2.a

Misconduct or negligence in employment: Applicant was fired by his then-employer for unsatisfactory work quality and insubordination.

For Applicant

Rules Violation at Workplace

—

Denied

—

3.a

Material, intentional false statement, deception, or fraud: Applicant did not list his January 2011 conviction and consequent probation on his Declaration for Federal Employment.

For Applicant

Omission or Failure to DiscloseNOT DELIBERATE

Criminal Conduct

Admitted

—

3.b

Material, intentional false statement, deception, or fraud: Applicant marked 'No' on the employment application regarding being fired from any job for any reason, despite being fired by two employers.

For Applicant

Omission or Failure to DiscloseNOT DELIBERATE

Employment History

Denied

—

3.c

Material, intentional false statement, deception, or fraud: Applicant stated he misunderstood the questions on the Declaration for Federal Employment.

For Applicant

Lack of Candor in InterviewNOT DELIBERATE

—

Denied

—

¶	Allegation	Finding	Type	Response	Disqualifying (¶19)	Mitigating applied (¶20)	Mitigation
1.a	Financial irresponsibility may raise questions about the individual’s honesty and put people, property or information systems at risk, although financial debt should not in and of itself be cause for denial.	For Applicant	Unspecified Financial	Unknown	—	—	—
1.b	Applicant's criminal history and failure to abide by the court-ordered payment plan in connection with his January 2011 conviction is sufficient to establish the above disqualifying conditions.	For Applicant	Unspecified Financial	Unknown	—	—	—

Allegation

Finding

Type

Response

Disqualifying (¶19)

Mitigating applied (¶20)

Mitigation

1.a

Financial irresponsibility may raise questions about the individual’s honesty and put people, property or information systems at risk, although financial debt should not in and of itself be cause for denial.

For Applicant

Unspecified Financial

Unknown

—

1.b

Applicant's criminal history and failure to abide by the court-ordered payment plan in connection with his January 2011 conviction is sufficient to establish the above disqualifying conditions.

For Applicant

Unspecified Financial

Unknown

—

¶	Allegation	Finding	Offense	Criminal disposition	Response	Disqualifying (¶31)	Mitigating applied (¶32)	Mitigation
1.a	Applicant was cited in January 2011 with possession of marijuana and no driver’s license. He was found guilty, sentenced to probation, and fined. The court placed him on a payment plan since he was unable to pay the fine in full. He was arrested on a warrant in February 2014 while he was on probation, for failure to obey a court order, when he was unable to stay current on his monthly payments. In February 2016, he paid $350, and the court reinstated his payment plan and gave him community service to assist him with resolving the outstanding fine.	For Applicant	Drug Related Criminal Charge	Convicted	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability	(c) no reliable evidence the individual committed the offense	—
1.b	specific text not stated in this decision	For Applicant	Unspecified Criminal Conduct	—	Unknown	—	—	—
2.a	In July 2012, Applicant was fired by his then-employer for unsatisfactory work quality and insubordination. Applicant stated that prior to his firing, he had given the employer two-week’s notice that he would be leaving for another job. During his last few days at work, his foreman picked on him and threatened to fire him if he did not do the job to the foreman’s satisfaction. An argument ensued, and the foreman reported Applicant to the head boss. The boss told Applicant to leave since he had already given notice. Applicant quit and did not return. He maintains that he was never told he was fired.	For Applicant	Unspecified Criminal Conduct	—	Denied	—	—	—
3.a	Applicant submitted a Declaration for Federal Employment in February 2016. Section 9 asked: “During the last 7 years, have you been convicted, been imprisoned, been on probation, or been on parole . . . ?” Applicant marked “Yes” and listed an arrest in February 2014 for a “Traffic Violation (speeding) which resulted in a Warrant for unpaid fines . . . ” He did not list his January 2011 conviction and consequent probation, as set forth above.	For Applicant	Unspecified Criminal Conduct	—	Denied	—	—	—
3.b–3.c	2 sub-charges — specific text not stated in this decision (for the applicant). (low confidence)	For Applicant		—		—	—	—

Allegation

Finding

Offense

Criminal disposition

Response

Disqualifying (¶31)

Mitigating applied (¶32)

Mitigation

1.a

Applicant was cited in January 2011 with possession of marijuana and no driver’s license. He was found guilty, sentenced to probation, and fined. The court placed him on a payment plan since he was unable to pay the fine in full. He was arrested on a warrant in February 2014 while he was on probation, for failure to obey a court order, when he was unable to stay current on his monthly payments. In February 2016, he paid $350, and the court reinstated his payment plan and gave him community service to assist him with resolving the outstanding fine.

For Applicant

Drug Related Criminal Charge

Convicted

Admitted

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

(c) no reliable evidence the individual committed the offense

—

1.b

specific text not stated in this decision

For Applicant

Unspecified Criminal Conduct

—

Unknown

—

2.a

In July 2012, Applicant was fired by his then-employer for unsatisfactory work quality and insubordination. Applicant stated that prior to his firing, he had given the employer two-week’s notice that he would be leaving for another job. During his last few days at work, his foreman picked on him and threatened to fire him if he did not do the job to the foreman’s satisfaction. An argument ensued, and the foreman reported Applicant to the head boss. The boss told Applicant to leave since he had already given notice. Applicant quit and did not return. He maintains that he was never told he was fired.

For Applicant

Unspecified Criminal Conduct

—

Denied

—

3.a

Applicant submitted a Declaration for Federal Employment in February 2016. Section 9 asked: “During the last 7 years, have you been convicted, been imprisoned, been on probation, or been on parole . . . ?” Applicant marked “Yes” and listed an arrest in February 2014 for a “Traffic Violation (speeding) which resulted in a Warrant for unpaid fines . . . ” He did not list his January 2011 conviction and consequent probation, as set forth above.

For Applicant

Unspecified Criminal Conduct

—

Denied

—

3.b–3.c

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

For Applicant

—

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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