Summary
A 36-year-old defense contractor employee was granted a security clearance despite initial concerns under Guideline B (Foreign Influence), Guideline E (Personal Conduct), and Guideline J (Criminal Conduct). The Statement of Reasons highlighted a history of shoplifting on numerous occasions between 1994 and 2000. Additionally, it noted the applicant's minimal contact with extended family members residing in Iran.
However, the applicant demonstrated significant mitigating factors. She has not engaged in any shoplifting or been arrested since 2000, providing proof of rehabilitation. The judge also considered her stable family situation and positive work reputation.
Ultimately, the judge found that the applicant successfully mitigated the security concerns. Her demonstrated rehabilitation from past criminal conduct, coupled with minimal contact with family in Iran, reduced vulnerabilities related to foreign influence and personal conduct. As a result, the security clearance was granted.
Why the Applicant Prevailed
- The applicant has not engaged in criminal conduct since 2000, demonstrating rehabilitation.
- She has a stable family situation and is highly regarded at work.
- Her minimal contact with extended family in Iran reduces vulnerability to foreign influence.
Conditions Referenced
- E2.A10.1.2.1raisedAllegations or Admissions of Criminal Conduct, Regardless of Whether the Person Was Formally Charged
- E2.A10.1.2.2raisedA Single Serious Crime or Multiple Lesser Offenses
- E2.A5.1.2.1raisedReliable, Unfavorable Information Provided by Associates, Employers, Coworkers, Neighbors, and Other Acquaintances
- E2.A5.1.2.4raisedPersonal Conduct or Concealment of Information That Increases an Individual’s Vulnerability to Coercion, Exploitation, or Duress
- E2.A2.1.2.1raisedAn Immediate Family Member, or a Person to Whom the Individual Has Close Ties of Affection or Obligation, Is a Citizen Of, or Resident or Present In, a Foreign Country
- E2.A10.1.3.1appliedThe Criminal Behavior Was Not Recent
- E2.A10.1.3.6appliedThere Is Clear Evidence of Successful Rehabilitation
- E2.A5.1.3.5appliedThe Individual Has Taken Positive Steps to Significantly Reduce or Eliminate Vulnerability to Coercion, Exploitation, or Duress
Key Rule Quoted
“An applicant has the ultimate burden of demonstrating that it is clearly consistent with the national interest to grant or continue his or her security clearance.”
Procedural Posture
- SOR issuedAug 29, 2006
- Answer filedSep 10, 2006
- Hearing heldMar 23, 2007rescheduled from February 27, 2007
- Decision dateApr 27, 2007
Cite For
- Mitigation of Criminal Conduct Under Guideline J Due to Evidence of Rehabilitation
- Minimal Foreign Influence Concerns Due to Lack of Close Ties with Family in Iran
- Consideration of Whole-person Factors in Security Clearance Determinations