Summary
A 43-year-old defense contractor was granted a security clearance despite concerns under Guideline J (Criminal Conduct) stemming from three criminal incidents over 25 years. The first two incidents occurred in 1983 when the applicant was 18, involving possession of marijuana and a house break-in with theft. For the marijuana possession, he performed community service in lieu of a $100 fine. For the break-in, he served eight months and 20 days of a 365-day jail sentence, paid a $2,000 fine, and the offense was later deemed a misdemeanor and dismissed.
The most recent incident occurred on August 11, 2006, when police, investigating a threat made by his partner's 11-year-old son, found a target rifle and ammunition in the boy's room. The applicant, who believed he could legally possess firearms, was arrested and charged with child endangerment, four counts of possessing a firearm while a felon, and two counts of unlawfully possessing a firearm. He pleaded guilty to one count of unlawfully possessing a firearm, receiving three years of formal probation, a $200 fine, and two days in jail with credit for time served.
The clearance was granted because the applicant demonstrated significant rehabilitation and a long history of responsible behavior since his last criminal incident. The judge found that the 2006 offense occurred under unusual circumstances and was not indicative of his overall character. Additionally, numerous positive testimonials from co-workers supported his reliability and trustworthiness.
Why the applicant prevailed
- The applicant demonstrated significant rehabilitation and a long history of responsible behavior since his last criminal incident.
- The most recent offense occurred under unusual circumstances and was not indicative of the applicant's overall character.
- Numerous positive testimonials from co-workers supported the applicant's reliability and trustworthiness.
Conditions referenced
- AG ¶ 31(a)raisedCriminal Conduct
- AG ¶ 31(d)raisedCurrently on Parole
- AG ¶ 32(a)appliedTime Elapsed Since Criminal Behavior
- AG ¶ 32(b)appliedEvidence of Successful Rehabilitation
Key rule quoted
“Criminal activity creates doubts about a person’s judgment, reliability, and trustworthiness.”
Procedural posture
- SOR issuedAug 31, 2007
- Answer filedOct 23, 2007
- Hearing heldApr 8, 2008Originally scheduled for March 18, 2008, but rescheduled due to a medical emergency.
- Decision dateJun 20, 2008
Cite for
- Mitigating Conditions Under Guideline J for Rehabilitation After Criminal Conduct
- Consideration of the Whole Person Concept in Security Clearance Decisions
- Impact of Unusual Circumstances on the Assessment of Criminal Behavior