Summary
A 36-year-old senior graphics artist was denied a security clearance under Guideline J (Criminal Conduct) due to a history of theft and credit card fraud. In 1993, the applicant was convicted of theft while employed by an international package and delivery company. The following year, she was arrested for fraudulent illegal use of credit cards, leading to a 1995 conviction and a 15-month federal prison sentence.
These actions raised disqualifying conditions related to criminal conduct, specifically concerning a pattern of criminal behavior, a history of illegal acts, and a conviction resulting in incarceration. Although the applicant presented evidence of rehabilitation, including positive employment evaluations, the judge determined these efforts did not sufficiently mitigate the security concerns.
The denial was based on the nature and seriousness of the past offenses, which raised significant doubts about the applicant's reliability and trustworthiness. Furthermore, the applicant was disqualified under 10 U.S.C. § 986 due to her conviction and imprisonment for over one year.
Why the Applicant Was Denied
- The applicant had a history of criminal conduct, including theft and credit card fraud, which raised concerns about her reliability and trustworthiness.
- She was disqualified from receiving a security clearance under 10 U.S.C. § 986 due to her conviction and imprisonment for over one year.
- The judge found that the applicant's attempts at rehabilitation did not sufficiently mitigate the security concerns raised by her past conduct.
Conditions Referenced
- J.31.araisedCriminal Conduct Disqualifying Condition 1
- J.31.craisedCriminal Conduct Disqualifying Condition 3
- J.31.fraisedCriminal Conduct Disqualifying Condition 6
- J.32.arejectedCriminal Conduct Mitigating Condition 1The judge found that the time elapsed since the criminal behavior did not mitigate concerns due to the serious nature of the offenses.
- J.32.drejectedCriminal Conduct Mitigating Condition 4The judge determined that evidence of rehabilitation was insufficient to overcome the doubts raised by the applicant's criminal history.
- J.32.erejectedCriminal Conduct Mitigating Condition 5The judge noted that a waiver was not applicable in this case.
Key Rule Quoted
“"Because of the extreme sensitivity of security matters, there is a strong presumption against granting a security clearance. Whenever any doubt is raised . . . it is deemed best to err on the side of the government’s compelling interest in security by denying or revoking [a] clearance."”
Procedural Posture
- SOR issuedMay 10, 2007
- Answer filedJun 6, 2007Notarized response to SOR.
- Hearing heldAug 9, 2007Conducted as scheduled.
- Decision dateDec 14, 2007
Cite For
- Disqualifying Conditions Under Guideline J Due to Criminal Conduct
- Impact of Serious Criminal History on Security Clearance Eligibility
- Application of 10 U.S.C. § 986 Regarding Security Clearance Disqualification.