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