ISCR Case 17-02747.h1

Case Headnote

ISCR Case No. 17-02747.h1

grantedOct 11, 2018· Hon. Wilford H. Ross· hearing

Summary

A 32-year-old single mother was granted a security clearance despite a history of criminal conduct between 2007 and 2015, primarily under Guideline J. The applicant admitted to multiple incidents, including a 2007 charge for Aggravated Unlicensed Operation and Criminal Possession of Marijuana, resulting in a $250 fine. In 2010 and 2011, she faced two Driving While Intoxicated charges, leading to a combined sentence of a fine, three years of probation (which ended early after eighteen months in August 2013), an alcohol program, and license revocation. Her last alcohol-related incident was in 2011.

Further incidents included a 2012 charge for Unlicensed Operator and No Interlock Device, for which she paid a $300 fine. An August 2013 charge for Unlicensed Operator and No Interlock Device was dismissed after she provided documentation of a legally obtained driver's license in her new state of residence. Her final admitted incident was a June 2015 arrest for Assaulting a Law Enforcement Officer and Obstructing or Resisting an Officer Without Violence, where she became belligerent with police. She pled guilty to Disorderly Conduct and paid a $525 fine. She has had no police involvement since 2015.

The judge found that the applicant had made significant lifestyle changes, demonstrating rehabilitation. She successfully completed probation, obtained an associate's degree, and maintained stable employment. These factors, combined with the absence of criminal conduct for several years, led to the favorable decision to grant the security clearance.

Why the Applicant Prevailed

The applicant convincingly demonstrated a change in lifestyle and intent not to engage in criminal conduct in the future.
The applicant's last criminal incident occurred in 2015, and she has had no police involvement since then.
The applicant successfully completed her probation, obtained an associate's degree, and maintained stable employment.

Conditions Referenced

Disqualifying

AG ¶ 30raisedCriminal Conduct
AG ¶ 31(a)raisedPattern of Minor Offenses
AG ¶ 31(b)raisedEvidence of Criminal Conduct

Mitigating

AG ¶ 32(a)appliedTime Elapsed Since Criminal Behavior
AG ¶ 32(d)appliedEvidence of Successful Rehabilitation

Key Rule Quoted

“The protection of the national security is the paramount consideration.”

Procedural Posture

SOR issuedOct 3, 2017
Answer filedNov 8, 2017
Hearing heldMar 13, 2018
Decision dateOct 11, 2018

Cite For

Mitigating Factors Under Guideline J for Past Criminal Conduct
Successful Rehabilitation and Lifestyle Changes as a Basis for Granting Security Clearance
The Importance of the Whole-person Concept in Security Clearance Decisions

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

¶	Allegation	Finding	Offense	Criminal disposition	Response	Disqualifying (¶31)	Mitigating applied (¶32)	Mitigation
1.a	Applicant admitted that in March 2007 she was charged with Aggravated Unlicensed Operation of a Motor Vehicle, and Criminal Possession of Marijuana. She had just turned 21 years old, “And I started hanging out with the wrong people.” Applicant freely admitted the arrest was her fault. She pled guilty and was fined $250.	For Applicant	Drug Related Criminal Charge	Convicted	Admitted	—	(a) so much time has passed, or unusual circumstances, that it is unlikely to recur (d) evidence of successful rehabilitation (time, restitution, employment, etc.)	—
1.b	Applicant admitted that in November 2010 she was arrested and charged with Driving While Intoxicated. Before this offense was adjudicated Applicant committed the offense set forth in allegation 1.c, below.	For Applicant	DUI or DWI Criminal	Charged Not Convicted	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability (b) evidence of criminal conduct, regardless of charge or conviction	—	—
1.c	Applicant admitted that in August 2011 she was arrested and charged with Driving While Intoxicated. She was convicted of Operate Motor Vehicle with .08 of 1% or More in Blood. The sentence for this offense was combined with that for allegation 1.b, above, and consisted of a fine, probation for three years, attendance at an alcohol program, and her license was revoked. Her probation ended early, after eighteen months, in August 2013. This was Applicant’s last alcohol-related incident.	For Applicant	DUI or DWI Criminal	Convicted	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability (b) evidence of criminal conduct, regardless of charge or conviction	(a) so much time has passed, or unusual circumstances, that it is unlikely to recur (d) evidence of successful rehabilitation (time, restitution, employment, etc.)	—
1.d	Applicant admitted that she was charged in April 2012 with Unlicensed Operator and No Interlock Device. Applicant admitted this was a very foolish decision on her part. She drove a friend’s car when her license was revoked, and was seen by a police officer who knew Applicant did not have a license. No alcohol was involved in this incident. Applicant paid a $300 fine for this offense.	For Applicant	Traffic Offense Pattern	Convicted	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability (b) evidence of criminal conduct, regardless of charge or conviction	—	—
1.e	Applicant denied that she had been charged in August 2013 with Unlicensed Operator and No Interlock Device. As further discussed below, Applicant had moved to another state as her probation was ending. Once her probation ended she legally obtained a driver’s license in her new state of residence, which she had on the date of the offense. Applicant submitted documentation from the court showing that the case was dismissed in October 2013 after she went to court and showed them the proper documentation. This allegation has been mitigated.	For Applicant	Traffic Offense Pattern	Dismissed or Nolle Prossed	Denied	—	(a) so much time has passed, or unusual circumstances, that it is unlikely to recur (d) evidence of successful rehabilitation (time, restitution, employment, etc.)	—
1.f	Applicant admitted being arrested in June 2015 for Assaulting a Law Enforcement Officer, and Obstructing or Resisting an Officer Without Violence. A friend was driving Applicant’s car when they were stopped by police. Alcohol was not involved, but Applicant became belligerent with the police and was arrested. She pled guilty In Absentia to Disorderly Conduct and paid a $525 fine. Applicant has not been involved with the police since that time.	For Applicant	Assault or Battery	Convicted	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability (b) evidence of criminal conduct, regardless of charge or conviction	(a) so much time has passed, or unusual circumstances, that it is unlikely to recur (d) evidence of successful rehabilitation (time, restitution, employment, etc.)	—

Allegation

Finding

Offense

Criminal disposition

Response

Disqualifying (¶31)

Mitigating applied (¶32)

Mitigation

1.a

Applicant admitted that in March 2007 she was charged with Aggravated Unlicensed Operation of a Motor Vehicle, and Criminal Possession of Marijuana. She had just turned 21 years old, “And I started hanging out with the wrong people.” Applicant freely admitted the arrest was her fault. She pled guilty and was fined $250.

For Applicant

Drug Related Criminal Charge

Convicted

Admitted

—

(a) so much time has passed, or unusual circumstances, that it is unlikely to recur

(d) evidence of successful rehabilitation (time, restitution, employment, etc.)

—

1.b

Applicant admitted that in November 2010 she was arrested and charged with Driving While Intoxicated. Before this offense was adjudicated Applicant committed the offense set forth in allegation 1.c, below.

For Applicant

DUI or DWI Criminal

Charged Not Convicted

Admitted

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

(b) evidence of criminal conduct, regardless of charge or conviction

—

1.c

Applicant admitted that in August 2011 she was arrested and charged with Driving While Intoxicated. She was convicted of Operate Motor Vehicle with .08 of 1% or More in Blood. The sentence for this offense was combined with that for allegation 1.b, above, and consisted of a fine, probation for three years, attendance at an alcohol program, and her license was revoked. Her probation ended early, after eighteen months, in August 2013. This was Applicant’s last alcohol-related incident.

For Applicant

DUI or DWI Criminal

Convicted

Admitted

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

(b) evidence of criminal conduct, regardless of charge or conviction

(a) so much time has passed, or unusual circumstances, that it is unlikely to recur

(d) evidence of successful rehabilitation (time, restitution, employment, etc.)

—

1.d

Applicant admitted that she was charged in April 2012 with Unlicensed Operator and No Interlock Device. Applicant admitted this was a very foolish decision on her part. She drove a friend’s car when her license was revoked, and was seen by a police officer who knew Applicant did not have a license. No alcohol was involved in this incident. Applicant paid a $300 fine for this offense.

For Applicant

Traffic Offense Pattern

Convicted

Admitted

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

(b) evidence of criminal conduct, regardless of charge or conviction

—

1.e

Applicant denied that she had been charged in August 2013 with Unlicensed Operator and No Interlock Device. As further discussed below, Applicant had moved to another state as her probation was ending. Once her probation ended she legally obtained a driver’s license in her new state of residence, which she had on the date of the offense. Applicant submitted documentation from the court showing that the case was dismissed in October 2013 after she went to court and showed them the proper documentation. This allegation has been mitigated.

For Applicant

Traffic Offense Pattern

Dismissed or Nolle Prossed

Denied

—

(a) so much time has passed, or unusual circumstances, that it is unlikely to recur

(d) evidence of successful rehabilitation (time, restitution, employment, etc.)

—

1.f

Applicant admitted being arrested in June 2015 for Assaulting a Law Enforcement Officer, and Obstructing or Resisting an Officer Without Violence. A friend was driving Applicant’s car when they were stopped by police. Alcohol was not involved, but Applicant became belligerent with the police and was arrested. She pled guilty In Absentia to Disorderly Conduct and paid a $525 fine. Applicant has not been involved with the police since that time.

For Applicant

Assault or Battery

Convicted

Admitted

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

(b) evidence of criminal conduct, regardless of charge or conviction

(a) so much time has passed, or unusual circumstances, that it is unlikely to recur

(d) evidence of successful rehabilitation (time, restitution, employment, etc.)

—

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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

WHOLE PERSON CONCEPT

FORMAL FINDINGS

CONCLUSION