Summary
A 35-year-old IT professional was granted a security clearance despite concerns under Guideline F (Financial Considerations) and Guideline J (Criminal Conduct). The Statement of Reasons (SOR) detailed several financial issues, including an unpaid credit card debt from 2013, a debt for unreturned cable equipment, an unpaid medical copayment, and outstanding federal income taxes. Additionally, the applicant had been charged with three counts of felony fraudulent use of a credit card, ultimately resulting in a felony theft of property conviction eight years prior. He was placed on three years' probation and ordered to pay $11,000 in restitution.
The judge found that the applicant had resolved all but one of the debts listed in the SOR. He also demonstrated consistent payments on his federal tax debt through an agreement with the IRS. Regarding the criminal conduct, the judge noted that the felony theft conviction occurred eight years ago, and the applicant had shown significant rehabilitation and responsibility since that time.
Based on the resolution of most financial obligations and the demonstrated rehabilitation following the past criminal conduct, the judge determined that the applicant had mitigated the security concerns. Consequently, the security clearance was granted.
Why the Applicant Prevailed
- The applicant resolved all but one of the debts alleged in the SOR.
- He has been making consistent payments on his federal tax debt under an agreement with the IRS.
- The felony theft conviction occurred eight years ago, and the applicant has shown rehabilitation and responsibility since then.
Conditions Referenced
- AG ¶ 19(a)raisedInability to Satisfy Debts
- AG ¶ 19(c)raisedA History of Not Meeting Financial Obligations
- AG ¶ 19(d)raisedDeceptive or Illegal Financial Practices
- AG ¶ 20(a)appliedBehavior Happened Long Ago or Infrequently
- AG ¶ 20(b)appliedConditions Largely Beyond the Person's Control
- AG ¶ 20(c)appliedReceived Counseling or Indications of Problem Resolution
- AG ¶ 20(d)appliedGood-faith Effort to Repay Debts
Key Rule Quoted
“A security clearance decision is intended only to resolve whether it is clearly consistent with the national interest for an applicant to either receive or continue to have access to classified information.”
Procedural Posture
- SOR issuedMay 15, 2017
- Answer filed—
- Hearing heldMar 7, 2018
- Decision dateMar 14, 2018
Cite For
- Mitigation of Financial Issues Under Guideline F
- Consideration of Long-past Criminal Conduct in Security Clearance Decisions
- Importance of Demonstrating Responsible Financial Management Post-conviction