Summary
A 33-year-old computer systems administrator with military service was denied a security clearance under Guideline E (Personal Conduct) and Guideline J (Criminal Conduct). The denial stemmed from his failure to disclose three criminal charges and a restraining order application on his SF 86. Specifically, he did not list three criminal charges from 2000-2002 on Question 26 of his 2003 SF 86, nor did he report a 2003 restraining order application he filed against his wife on Question 40.
Further concerns arose because the applicant falsely claimed a prostitution solicitation charge was dismissed, despite having pleaded guilty. He also incorrectly told a second investigator that he had included the three criminal charges on his SF 86, which he had previously admitted omitting.
The judge determined that the applicant's omissions were deliberate and that his explanations for these failures were not credible, indicating a casual approach to his obligation to provide complete and truthful information. His subsequent failure to fully inform investigators about the omitted details further compounded the security concerns, leading to the denial of his security clearance.
Why the Applicant Was Denied
- The applicant deliberately omitted three criminal charges and a restraining order application from his SF 86.
- The applicant's explanations for the omissions were not credible and indicated a casualness with his obligation to provide complete and truthful information.
- The applicant failed to fully inform investigators about the omitted information, compounding the security concerns.
Conditions Referenced
- AG 16 araisedDeliberate Omission, Concealment, or Falsification of Relevant and Material Facts From Any Personnel Security Questionnaire
- AG 16 braisedDeliberate Omission, Concealment, or Falsification of Relevant and Material Facts in a Personnel Security Interview
- AG 30raisedCriminal Conduct Creates Doubt About Judgment, Reliability, and Trustworthiness
- AG 32 aappliedMitigation If so Much Time Has Elapsed Since the Criminal Behavior Happened, or It Happened Under Such Unusual Circumstances That It Is Unlikely to Recur
- AG 32 bnotedEvidence of Successful Rehabilitation Without Recurrence of Criminal Activity, Remorse, and a Good Employment Record
Key Rule Quoted
“"[N]o one has a ‘right’ to a security clearance."”
Procedural Posture
- SOR issuedMar 14, 2007
- Answer filedApr 14, 2007
- Hearing heldAug 7, 2007
- Decision dateOct 26, 2007
Cite For
- Deliberate Omission of Criminal History Under Guideline E
- Credibility of Applicant's Explanations for Omissions
- Impact of Criminal Conduct on Security Clearance Eligibility Under Guideline J