Summary
A 48-year-old federal contractor employee was denied a security clearance due to concerns under Guidelines D (Sexual Behavior), E (Personal Conduct), and J (Criminal Conduct). The denial stemmed from his past criminal behavior involving sexual offenses against a minor.
In June and September 2010, the applicant engaged in sexually explicit online conversations and exchanged explicit images with an individual he believed to be a 13-year-old female, who was actually an undercover police officer. He subsequently pleaded guilty to and was convicted of two charges of dealing in materials harmful to a minor, a third-degree felony, with three other felony charges dismissed. He was sentenced to 153 days in jail, fines, sex offender treatment, and 36 months of supervised probation, which was later extended by a year, concluding in January 2017. The court later amended both charges from a felony to a Class A misdemeanor.
Despite completing treatment and probation, the judge found insufficient evidence of rehabilitation. The applicant's criminal behavior was deemed serious and likely to recur, particularly given the short period since he completed supervised probation. Consequently, his security clearance was denied.
Why the applicant was denied
- The applicant's criminal behavior involved sexual offenses against a minor, raising serious security concerns.
- Insufficient evidence was presented to demonstrate successful rehabilitation or that the behavior is unlikely to recur.
- The applicant had only been out of supervised probation for a short period, necessitating more time to establish rehabilitation.
Conditions referenced
- AG ¶ 12raisedSexual Behavior
- AG ¶ 30raisedCriminal Conduct
- AG ¶ 15raisedPersonal Conduct
- AG ¶ 14(e)rejectedSuccessful Completion of TreatmentWhile the applicant completed treatment, the seriousness of his offenses and the short time since probation ended did not mitigate concerns.
- AG ¶ 32(d)rejectedEvidence of Successful RehabilitationThe applicant's evidence of rehabilitation was deemed insufficient given the nature of his offenses.
- AG ¶ 17(d)rejectedAcknowledgment and CounselingThe applicant's acknowledgment of his behavior was not enough to mitigate the serious security concerns.
Key rule quoted
“"[S]ecurity clearance determinations should err, if they must, on the side of denials."”
Procedural posture
- SOR issuedJun 29, 2017
- Answer filedAug 11, 2017Requested decision based on written record.
- Hearing held—No hearing; decision based on written record.
- Decision dateMar 20, 2018
Cite for
- Seriousness of Sexual Offenses Under Guideline D
- Insufficient Evidence of Rehabilitation Under Guideline J
- Presumption Against Granting Security Clearance Due to Past Criminal Conduct Under Guideline E