ISCR Case 09-04459.h1

Case Headnote

ISCR Case No. 09-04459.h1

grantedApr 29, 2011· Hon. Darlene Lokey Anderson· hearing

Summary

A 33-year-old aerospace engineer with two master's degrees was granted a security clearance despite a history of serious juvenile criminal conduct, primarily under Guideline J (Criminal Conduct). The government alleged several instances of criminal behavior. In 1991, at age fifteen, the applicant was found guilty of joyriding a neighbor's snowmobile, resulting in probation and restitution. The following year, he pled guilty to larceny charges for stealing magazines, receiving a sentence of detention, community service, and probation.

In 1993, while house-sitting, he drove a neighbor's car without permission, leading to a probation violation, which resulted in further detention, electronic tethering, extended probation, and additional community service. That same year, he was charged with larceny over $100.00 for taking cash from a hotel guest. At age sixteen, he committed armed robbery of a bank, pleading guilty to armed robbery and felony firearm charges, for which he was sentenced to 6 to 25 years and 2 years, respectively, with the sentences to be served consecutively.

Despite these disqualifying conditions, the judge applied mitigating factors, noting the applicant's significant rehabilitation and remorse. He had maintained a law-abiding life for over 17 years since his release from prison. His educational achievements and community contributions were considered compelling evidence of his changed character, leading to the ultimate decision to grant the security clearance.

Why the Applicant Prevailed

The applicant demonstrated significant rehabilitation and remorse for past criminal conduct.
He has maintained a law-abiding life for over 17 years since his release from prison.
The applicant's educational achievements and community contributions were compelling evidence of his changed character.

Conditions Referenced

Disqualifying

31.(a)raisedA Single Serious Crime or Multiple Offenses
31.(c)raisedAllegation or Admission of Criminal Conduct
31.(f)raisedConviction in a Federal or State Court

Mitigating

32.(a)appliedSo Much Time Has Elapsed Since the Criminal Behavior Happened
32.(d)appliedEvidence of Successful Rehabilitation

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 an acceptable security risk.”

Procedural Posture

SOR issuedJul 27, 2010
Answer filedSep 15, 2010
Hearing heldJan 18, 2011
Decision dateApr 29, 2011

Cite For

Successful Rehabilitation Under Guideline J
The Impact of Time Elapsed Since Criminal Conduct on Security Clearance Eligibility
The Importance of Community Contributions and Educational Achievements in Mitigating Past Criminal Behavior

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	The Government alleges that the Applicant is ineligible for clearance because he engaged in Criminal Conduct.	For Applicant	Multiple Arrests Pattern	Convicted	Denied	(a) pattern of minor offenses casting doubt on judgment/reliability (c) currently on parole or probation (d) violation of parole/probation or failure to complete a court program	(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	In 1991, at the age of fifteen, he and some other boys got a master snowmobile key and went joyriding with the neighbor’s snowmobile. The Applicant was subsequently charged with (1) UDAA and (2) Joyriding. He was found guilty to count (2) and was placed on probation and ordered to make restitution.	For Applicant	Multiple Arrests Pattern	Convicted	Denied	(a) pattern of minor offenses casting doubt on judgment/reliability (c) currently on parole or probation (d) violation of parole/probation or failure to complete a court program	(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.c	In 1992, while living with his father, Applicant stole some magazines from a grocery store. A security guard stopped him and he was charged with three counts of Larceny Over $100.00, Larceny in a Building, and Retail Fraud Second Degree. Applicant pled guilty and was sentenced to serve 15 days in non-secure detention, ordered to complete 60 hours of community service, and placed on nine months probation.	For Applicant	Theft or Larceny	Convicted	Denied	(a) pattern of minor offenses casting doubt on judgment/reliability (c) currently on parole or probation (d) violation of parole/probation or failure to complete a court program	(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	In 1993, while Applicant was house-sitting a neighbor’s home, he drove the car to the grocery store and back. To hold him accountable, his mother reported this violation to the probation officer. Applicant was charged with a violation of probation. He pled guilty and was sentenced to serve 60 days in secure detention, 30 days in non-secure detention, use of electronic tether for 45 days, his probation was extended an additional 24 months and he was ordered to complete an additional 30 hours of community service.	For Applicant	Probation or Court Order Violation	Convicted	Denied	(a) pattern of minor offenses casting doubt on judgment/reliability (c) currently on parole or probation (d) violation of parole/probation or failure to complete a court program	(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.e	In 1993, Applicant was working at a hotel cleaning rooms. He took a thousand dollars in cash from one of the guests. He was charged with Larceny Over $100.00 and several other charges.	For Applicant	Theft or Larceny	Charged Not Convicted	Denied	(a) pattern of minor offenses casting doubt on judgment/reliability (c) currently on parole or probation (d) violation of parole/probation or failure to complete a court program	(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	At the age of sixteen, he accessed the bank through a window that he had broken, hid in the bathroom, and waited for the teller to arrive. When the teller opened the door, he stuck a gun in her face and told her to open the bank safe. The teller did as directed, and gave him money from the safe. Applicant was charged with (1) Armed Robbery, (2) Felony Firearm, (3) Breaking and Entering a Building with Intent, (4) Receiving Stolen Property over $100.00, (5) Unlawful Driving Away of an Automobile, (6) Larceny in a Building, (7) Uttering and Publishing and (8) Larceny Over $100.00. Based on his past criminal record, Applicant was tried as an adult. He pled guilty to (1) Armed Robbery and (2) Felony Firearms. The remaining charges were dismissed. He was sentenced to 6 to 25 years for count (1) to be served consecutive to count (2). He was sentenced to 2 years as to count (2) with credit for 323 days served.	For Applicant	Homicide	Convicted	Denied	(a) pattern of minor offenses casting doubt on judgment/reliability (c) currently on parole or probation (d) violation of parole/probation or failure to complete a court program	(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

The Government alleges that the Applicant is ineligible for clearance because he engaged in Criminal Conduct.

For Applicant

Multiple Arrests Pattern

Convicted

Denied

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

(c) currently on parole or probation

(d) violation of parole/probation or failure to complete a court program

(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

In 1991, at the age of fifteen, he and some other boys got a master snowmobile key and went joyriding with the neighbor’s snowmobile. The Applicant was subsequently charged with (1) UDAA and (2) Joyriding. He was found guilty to count (2) and was placed on probation and ordered to make restitution.

For Applicant

Multiple Arrests Pattern

Convicted

Denied

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

(c) currently on parole or probation

(d) violation of parole/probation or failure to complete a court program

(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.c

In 1992, while living with his father, Applicant stole some magazines from a grocery store. A security guard stopped him and he was charged with three counts of Larceny Over $100.00, Larceny in a Building, and Retail Fraud Second Degree. Applicant pled guilty and was sentenced to serve 15 days in non-secure detention, ordered to complete 60 hours of community service, and placed on nine months probation.

For Applicant

Theft or Larceny

Convicted

Denied

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

(c) currently on parole or probation

(d) violation of parole/probation or failure to complete a court program

(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

In 1993, while Applicant was house-sitting a neighbor’s home, he drove the car to the grocery store and back. To hold him accountable, his mother reported this violation to the probation officer. Applicant was charged with a violation of probation. He pled guilty and was sentenced to serve 60 days in secure detention, 30 days in non-secure detention, use of electronic tether for 45 days, his probation was extended an additional 24 months and he was ordered to complete an additional 30 hours of community service.

For Applicant

Probation or Court Order Violation

Convicted

Denied

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

(c) currently on parole or probation

(d) violation of parole/probation or failure to complete a court program

(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.e

In 1993, Applicant was working at a hotel cleaning rooms. He took a thousand dollars in cash from one of the guests. He was charged with Larceny Over $100.00 and several other charges.

For Applicant

Theft or Larceny

Charged Not Convicted

Denied

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

(c) currently on parole or probation

(d) violation of parole/probation or failure to complete a court program

(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

At the age of sixteen, he accessed the bank through a window that he had broken, hid in the bathroom, and waited for the teller to arrive. When the teller opened the door, he stuck a gun in her face and told her to open the bank safe. The teller did as directed, and gave him money from the safe. Applicant was charged with (1) Armed Robbery, (2) Felony Firearm, (3) Breaking and Entering a Building with Intent, (4) Receiving Stolen Property over $100.00, (5) Unlawful Driving Away of an Automobile, (6) Larceny in a Building, (7) Uttering and Publishing and (8) Larceny Over $100.00. Based on his past criminal record, Applicant was tried as an adult. He pled guilty to (1) Armed Robbery and (2) Felony Firearms. The remaining charges were dismissed. He was sentenced to 6 to 25 years for count (1) to be served consecutive to count (2). He was sentenced to 2 years as to count (2) with credit for 323 days served.

For Applicant

Homicide

Convicted

Denied

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

(c) currently on parole or probation

(d) violation of parole/probation or failure to complete a court program

(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

CONCLUSION

FORMAL FINDINGS

DECISION