Summary
A 30-year-old federal contractor was granted a security clearance despite concerns under Guideline J (Criminal Conduct) stemming from past arrests. The Statement of Reasons detailed three incidents: an arrest in 1999 for failure to obey and loitering, with charges later dropped; an arrest in 2000 for disorderly conduct and obstructing and hindering, resulting in Probation Before Judgment for the latter and court costs; and a 2005 arrest where he pleaded guilty to first-degree assault, receiving Probation Before Judgment and paying restitution.
Disqualifying conditions related to criminal conduct were raised, but several mitigating conditions were applied. The applicant successfully demonstrated rehabilitation through education and stable employment. Furthermore, the past criminal conduct was determined to have occurred under unusual circumstances, making recurrence unlikely.
The applicant also expressed remorse and a commitment to future legal compliance. These factors collectively led to the decision to grant the security clearance.
Why the Applicant Prevailed
- The applicant demonstrated successful rehabilitation through education and stable employment.
- The applicant's past criminal conduct occurred under unusual circumstances and is unlikely to recur.
- The applicant expressed remorse and a commitment to future compliance with the law.
Conditions Referenced
- AG ¶ 31(a)raisedA Single Serious Crime or Multiple Lesser Offenses
- AG ¶ 31(c)raisedAllegation or Admission of Criminal Conduct, Regardless of Whether the Person Was Formally Charged, Formally Prosecuted or Convicted
- AG ¶ 32(a)appliedSo 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
- AG ¶ 32(c)appliedEvidence That the Person Did Not Commit the Offense
- AG ¶ 32(d)appliedThere 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
Key Rule Quoted
“Criminal activity creates doubt about a person’s judgment, reliability, and trustworthiness.”
Procedural Posture
- SOR issuedJun 24, 2010
- Answer filedJul 13, 2010
- Hearing heldSep 13, 2010
- Decision dateNov 5, 2010
Cite For
- Successful Rehabilitation Under Guideline J
- Mitigation of Criminal Conduct Due to Unusual Circumstances
- Consideration of the Whole-person Concept in Security Clearance Decisions