Summary
A 32-year-old defense contractor employee was granted a security clearance despite past criminal conduct and misuse of information technology. In 2001, the applicant was involved with 20 other individuals in the illegal uploading and downloading of pirated software, and on July 5, 2001, she inappropriately accessed a primary file transfer protocol to transfer pirated software. She was indicted in June 2002 for reproducing software for private gain and pleaded guilty in December 2003 to conspiracy to commit copyright infringement. She received a sentence of 36 months probation and a $1,000 fine.
The judge considered Guideline J (Criminal Conduct) and Guideline M (Use of Information Technology) in the decision. Disqualifying conditions related to criminal conduct and misuse of information technology were raised. However, mitigating conditions were applied, including the applicant's admission of the conduct, the passage of time since the conduct, and evidence of rehabilitation.
The clearance was granted because the applicant demonstrated significant rehabilitation and remorse since her criminal conduct in 2001. She obtained a Bachelor's Degree in Computer Science and has maintained steady employment since 2003. Character references from her employer and family further indicated her remorse and positive changes in behavior.
Why the Applicant Prevailed
- The applicant admitted to past criminal conduct but demonstrated significant rehabilitation over the years.
- She obtained a Bachelor's Degree in Computer Science and has maintained steady employment since 2003.
- Character references from her employer and family indicated her remorse and positive changes in behavior.
Conditions Referenced
- CC 31.a.raisedCriminal Conduct (CC) - A Single Serious Crime or Multiple Lesser Offenses
- MTS 40.f.raisedMisuse of Technology Systems (MTS) - Introduction, Removal, or Duplication of Hardware, Firmware, Software, or Media to or From Any Information Technology System Without Authorization, When Prohibited by Rules, Procedures, Guidelines or Regulations
- CC 32.a.appliedCriminal Conduct (CC) - so Much Time Has Elapsed Since the Criminal Behavior Happened, or It Happened Under Such Unusual Circumstances That It Is Unlikely to Recur and Does Not Cast Doubt on the Individual’s Reliability, Trustworthiness, or Good Judgment
- CC 32.d.appliedCriminal Conduct (CC) - There Is Evidence of Successful Rehabilitation; Including but Not Limited to the Passage of Time Without Recurrence of Criminal Activity, Remorse or Restitution, Job Training or Higher Education, Good Employment Record, or Constructive Community Involvement
- MTS 41.a.appliedMisuse of Technology Systems (MTS) - so Much Time Has Elapsed Since the Behavior Happened, or It Happened Under Such Unusual Circumstances, That It Is Unlikely to Recur and Does Not Cast Doubt on the Individual’s Reliability, Trustworthiness or Good Judgment
Key Rule Quoted
“The protection of the national interest is the paramount consideration.”
Procedural Posture
- SOR issuedNov 7, 2007
- Answer filedNov 21, 2007
- Hearing heldN/ADecided administratively without a hearing.
- Decision dateMar 27, 2008
Cite For
- Demonstrating Successful Rehabilitation After Criminal Conduct Under Guideline J
- Consideration of Character Evidence in Security Clearance Decisions
- Application of Mitigating Conditions for Past Misconduct Under Guidelines J and M