Summary
The applicant, a 49-year-old male with 29 years of experience working for defense contractors, faced security concerns under Guideline F (Financial Considerations) and Guideline J (Criminal Conduct) due to a history of minor offenses and delinquent debts. The judge found that the applicant demonstrated significant rehabilitation, resolved most of his debts, and had a low likelihood of future criminal conduct or financial issues, resulting in a granted security clearance.
Under Guideline F (Financial Considerations) and Guideline J (Criminal Conduct), the Statement of Reasons alleged the following: Collec. Agt #1 $638.00 (medical) (2.a). Medical $250.00 (2.b). Collec. Agt #1 $186.00 (2.c). Child Support $5,412.00 (2.d). Collec. Agt #2 $164.00 (medical) (2.e). Collec. Agt #2 $181.00 (medical) (2.f). Credit Co. $1,779.97 (2.g). Medical $196.00 (2.h). SSA $1,508.00 (2.i). Medical $180.00 (2.j). Medical $64.00 (2.k). In February 1980, Applicant solicited a woman he believed to be a prostitute. In fact, she was an undercover police officer engaged in a “sting” operation. Applicant pled guilty to the charge of Patronizing Prostitution, and the court sentenced him to probation for six months (1.a). In November 1991, Applicant and his wife were involved in an argument over the car keys. In a sworn statement dated September 9, 1993, Applicant wrote that he and his wife were arguing, and when the police arrived he was in the front yard holding his wife by the wrist; he was then arrested. Applicant asserted the matter was later dropped–he never appeared in court for any criminal charges arising out of the incident (1.b). Applicant’s wife obtained an Order of Protection in December 1991, preventing Applicant from contacting her or entering her home (1.c). In March 2001, after having a couple drinks with dinner at home, Applicant decided to go out for a few more drinks. While driving home, a police officer stopped him for speeding. The officer took Applicant to the police station, where a Breathalyzer test indicated his blood-alcohol content was .09%, a level creating a presumption of intoxication under state law. The state charged him with Driving While Intoxicated, and Applicant did not contest the charge. The court sentenced him to 30 days in confinement (suspended), a $500.00 fine, and probation for two years (1.d). In March 2004, Applicant was charged with Child Abuse, Custodian, and Assault, 2d degree. The state court dismissed the first charge at trial. Applicant pleaded guilty to the assault offense, and the court sentenced him to two years probation. As a condition of his probation, Applicant attended family building classes. He successfully completed the probation (1.e).
The judge granted the clearance. The government raised disqualifying conditions J31(a), F19(a), F19(c). The judge applied mitigating conditions J32(a), J32(d), F20(b). The decision turned on the following: The applicant successfully completed probation and rehabilitation programs after past offenses; He resolved the majority of his delinquent debts, leaving a low total unpaid amount; The applicant's long-term employment and maturity indicated a low risk of future issues.
Why the Applicant Prevailed
- The applicant successfully completed probation and rehabilitation programs after past offenses.
- He resolved the majority of his delinquent debts, leaving a low total unpaid amount.
- The applicant's long-term employment and maturity indicated a low risk of future issues.
Conditions Referenced
- J31(a)raisedCriminal Conduct
- F19(a)raisedFinancial Considerations
- F19(c)raisedFinancial Considerations
- J32(a)appliedCriminal Conduct
- J32(d)appliedCriminal Conduct
- F20(b)appliedFinancial Considerations
Key Rule Quoted
“The adjudicative process is an examination of a sufficient period of a person’s life to make an affirmative determination that the person is eligible for a security clearance.”
Procedural Posture
- SOR issuedSep 22, 2006
- Answer filedNov 15, 2006
- Hearing heldMar 29, 2007originally assigned to another judge, reassigned on 03/09/2007
- Decision dateMay 29, 2007
Cite For
- Demonstrating Rehabilitation Through Completion of Probation and Training Programs
- Low Likelihood of Future Criminal Conduct or Financial Issues
- Impact of Personal Circumstances on Financial Obligations