Summary
A 43-year-old armed security officer for a federal contractor was granted a security clearance despite initial concerns under Guidelines B (Foreign Influence), C (Foreign Preference), E (Personal Conduct), and J (Criminal Conduct). The Statement of Reasons detailed several allegations, including the applicant's family ties in Morocco, his past dual citizenship, false answers on a security clearance application, and an erroneous criminal charge.
Specifically, the applicant's father and three brothers are Moroccan citizens and residents, though he has rare contact with them. His mother and two other brothers are U.S. citizens residing in the U.S. While the applicant previously held dual citizenship, he formally renounced his Moroccan citizenship and surrendered his passport and ID card to the Moroccan Embassy on March 22, 2007. He had traveled to Morocco in March 1999 and December 2000 but has not returned since.
The applicant also faced allegations of personal and criminal conduct for failing to list a past employer, four brothers, and two children on his security clearance application, as well as his past travel to Morocco. Additionally, he was arrested on May 14, 1995, for an embezzlement charge, which was later determined to be erroneous and expunged on February 14, 2005. Ultimately, the clearance was granted, as the applicant renounced his Moroccan citizenship, the criminal charge was expunged, and his family in Morocco has no ties to the Moroccan government.
Why the applicant prevailed
- Applicant renounced Moroccan citizenship and surrendered his passport.
- The erroneous criminal charge was expunged, mitigating concerns about criminal conduct.
- The applicant's family members in Morocco do not have ties to the Moroccan government, reducing foreign influence concerns.
Conditions referenced
- E2.A2.1.2.1raisedForeign Influence - Family Ties to a Foreign Country
- E2.A2.1.2.2raisedForeign Preference - Dual Citizenship
- E2.A2.1.3.1raisedCriminal Conduct - False Answers on Security Clearance Application
- E2.A2.1.3.1appliedForeign Influence - Mitigating Circumstances
- E2.A2.1.3.2appliedForeign Preference - Renunciation of Foreign Citizenship
- E2.A2.1.3.3appliedCriminal Conduct - Expungement of Charges
Key rule quoted
“The mere possession of family ties with a person in a foreign country is not, as a matter of law, disqualifying under Guideline B.”
Procedural posture
- SOR issuedMar 10, 2004
- Answer filedApr 21, 2004
- Hearing heldApr 25, 2007
- Decision dateJul 20, 2007
Cite for
- Mitigation of Foreign Influence Concerns Due to Family Ties in a Friendly Country
- Impact of Expunged Criminal Charges on Security Clearance Decisions
- Application of the Whole Person Concept in Security Clearance Evaluations