Summary
A 29-year-old senior logistics analyst with military service was denied a security clearance due to a felony conviction for indecent liberties with a child by a custodian. This denial was based on Guidelines D (Sexual Behavior), E (Personal Conduct), and J (Criminal Conduct). The Statement of Reasons detailed that the applicant pleaded guilty to the felony, was sentenced to 12 months in jail, fined, and placed on ten years of supervised probation, and is a registered sex offender.
The applicant's conduct raised several disqualifying conditions under Guideline D, including sexual behavior of a criminal nature, a pattern of compulsive behavior symptomatic of an impulse control disorder, and behavior that made him vulnerable to coercion. Disqualifying conditions were also cited under Guidelines E and J. While one mitigating condition was applied, the judge ultimately found that insufficient time had passed to demonstrate rehabilitation.
The denial was based on the felony conviction raising significant concerns about judgment and trustworthiness, the lack of sufficient time since the criminal conduct to show reform, and an ongoing diagnosis of impulse control disorder indicating a risk of future misconduct.
Why the Applicant Was Denied
- The applicant's felony conviction raised significant concerns about his judgment and trustworthiness.
- Insufficient time had elapsed since the criminal conduct to demonstrate rehabilitation or reform.
- The applicant's ongoing diagnosis of impulse control disorder indicated a risk of future misconduct.
Conditions Referenced
- AG ¶ 31(a)raisedA Single Serious Crime
- AG ¶ 31(c)raisedAllegation or Admission of Criminal Conduct
- AG ¶ 31(d)raisedIndividual Is Currently on Parole or Probation
- AG ¶ 13(a)raisedSexual Behavior of a Criminal Nature
- AG ¶ 13(b)raisedPattern of Compulsive, Self-destructive, or High Risk Sexual Behavior
- AG ¶ 13(c)raisedSexual Behavior That Causes Vulnerability to Coercion
- AG ¶ 16(c)raisedCredible Adverse Information
- AG ¶ 16(e)raisedPersonal Conduct Creating Vulnerability to Exploitation
- AG ¶ 14(c)appliedBehavior No Longer Serves as a Basis for Coercion
Key Rule Quoted
“Eligibility for a security clearance is predicated upon the applicant meeting the criteria contained in the AG.”
Procedural Posture
- SOR issuedNov 5, 2009
- Answer filedNov 25, 2009Second answer filed December 15, 2009.
- Hearing heldJun 29, 2010
- Decision dateSep 21, 2010
Cite For
- Denial of Clearance Due to Felony Conviction Under Guideline J
- Insufficient Time for Rehabilitation Post-conviction
- Impact of Mental Health Diagnosis on Security Clearance Eligibility