ISCR Case 14-03945.h1

Case Headnote

ISCR Case No. 14-03945.h1

deniedJul 1, 2014· Hon. Juan J. Rivera· hearing

Summary

A 34-year-old IT specialist was denied a security clearance due to concerns under Guideline E (Personal Conduct), Guideline H (Drug Involvement), and Guideline J (Criminal Conduct). The applicant failed to disclose significant information regarding his illegal drug use and criminal history in his 2013 security clearance application.

Specifically, the applicant omitted that he was charged and convicted of public intoxication, and charged with possession of marijuana (convicted of possession of drug paraphernalia) in 2012. He also failed to disclose his history of illegally purchasing and using marijuana from approximately 2000 until at least January 2013, spending about $1,000 annually. Although he claimed to have stopped using marijuana by October 2012, he tested positive for the substance in May-June 2013 during substance abuse counseling. Between February and October 2012, he was convicted of three offenses: possession of drug paraphernalia, public intoxication, and possession of marijuana.

Despite mitigating factors related to his drug involvement and criminal conduct, the judge determined that the applicant's omissions were deliberate. This raised significant questions about his reliability and trustworthiness, leading to the denial of his security clearance.

Why the Applicant Was Denied

The applicant failed to disclose relevant and material information regarding his criminal history and illegal drug use in his security clearance application.
The judge found that the applicant's omissions were deliberate and raised questions about his reliability and trustworthiness.

Conditions Referenced

Disqualifying

AG ¶ 16(a)appliedDeliberate Omission, Concealment, or Falsification of Relevant Facts
AG ¶ 31(a)raisedA Single Serious Crime or Multiple Lesser Offenses
AG ¶ 31(c)raisedAllegation or Admission of Criminal Conduct

Mitigating

AG ¶ 26(a)appliedBehavior Happened so Long Ago, Was so Infrequent, or Happened Under Such Circumstances That It Is Unlikely to Recur
AG ¶ 32(d)appliedEvidence of Successful Rehabilitation

Key Rule Quoted

“"The Government has a compelling interest in ensuring each applicant possesses the requisite judgment, reliability, and trustworthiness of those who must protect national interest as their own."”
— Egan, 484 U.S. at 531

Procedural Posture

SOR issuedDec 16, 2014
Answer filedJan 12, 2015
Hearing heldOct 16, 2015Postponed due to unavailability of court reporters.
Decision date—

Cite For

Failure to Disclose Criminal History Under Guideline E
Impact of Deliberate Omissions on Security Clearance Decisions
Mitigating Factors Related to Drug Involvement and Criminal Conduct

Editorial summary generated for research. Not legal advice; not a prediction. Verify against the full decision before relying on any quoted language.

¶	Allegation	Finding	Conduct	Concealed Issue	Response	Disqualifying (¶16)	Mitigating applied (¶17)	Mitigation
3.a	Applicant omitted relevant and material information from his 2013 SCA when he failed to disclose that he was charged and convicted of public intoxication, and charged with possession of marijuana (convicted of possession of drug paraphernalia) in 2012.	Against Applicant	Omission or Failure to DiscloseFOUND DELIBERATE	Criminal Conduct	Admitted	(a) deliberate omission, concealment, or falsification on a security form (b) deliberately providing false information to an investigator or official	—	—
3.b	Applicant failed to disclose his history of illegal purchase and use of marijuana from his days in high school (2000) to at least January 2013.	Against Applicant	Omission or Failure to DiscloseFOUND DELIBERATE	Drug Involvement	Admitted	(a) deliberate omission, concealment, or falsification on a security form (b) deliberately providing false information to an investigator or official	—	—

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

3.a

Applicant omitted relevant and material information from his 2013 SCA when he failed to disclose that he was charged and convicted of public intoxication, and charged with possession of marijuana (convicted of possession of drug paraphernalia) in 2012.

Against Applicant

Omission or Failure to DiscloseFOUND DELIBERATE

Criminal Conduct

Admitted

(a) deliberate omission, concealment, or falsification on a security form

(b) deliberately providing false information to an investigator or official

—

3.b

Applicant failed to disclose his history of illegal purchase and use of marijuana from his days in high school (2000) to at least January 2013.

Against Applicant

Omission or Failure to DiscloseFOUND DELIBERATE

Drug Involvement

Admitted

(a) deliberate omission, concealment, or falsification on a security form

(b) deliberately providing false information to an investigator or official

—

¶	Allegation	Finding	Substance / event	Use level	Response	Disqualifying (¶25)	Mitigating applied (¶26)	Mitigation
1.a	Applicant illegally purchased and used marijuana from around 2000 until at least January 2013. He purchased approximately $1,000 worth of marijuana per year. He was charged with possession of marijuana, and convicted of the lesser offense of possession of drug paraphernalia in February 2012. He was charged with possession-sale-distribution of marijuana, and convicted of possession of marijuana in October 2012. Applicant claimed he stopped using marijuana in October 2012 and that his last use or marijuana was around January 2013. Notwithstanding, when he reported for his substance abuse counseling in May-June 2013, he tested positive for marijuana.	For Applicant	Marijuana	Regular	Admitted	(a) any substance misuse (b) testing positive for an illegal drug	(a) behavior happened long ago / infrequent / unlikely to recur (b) acknowledges involvement; evidence of action; established abstinence (d) satisfactory completion of treatment with a favorable prognosis	Documented Abstinence Period Documented Documented Rehabilitation Evidence
1.b	specific text not stated in this decision	For Applicant	Unspecified Drug Involvement	Unspecified	Unknown	—	—	—

Allegation

Finding

Substance / event

Use level

Response

Disqualifying (¶25)

Mitigating applied (¶26)

Mitigation

1.a

Applicant illegally purchased and used marijuana from around 2000 until at least January 2013. He purchased approximately $1,000 worth of marijuana per year. He was charged with possession of marijuana, and convicted of the lesser offense of possession of drug paraphernalia in February 2012. He was charged with possession-sale-distribution of marijuana, and convicted of possession of marijuana in October 2012. Applicant claimed he stopped using marijuana in October 2012 and that his last use or marijuana was around January 2013. Notwithstanding, when he reported for his substance abuse counseling in May-June 2013, he tested positive for marijuana.

For Applicant

Marijuana

Regular

Admitted

(a) any substance misuse

(b) testing positive for an illegal drug

(a) behavior happened long ago / infrequent / unlikely to recur

(b) acknowledges involvement; evidence of action; established abstinence

(d) satisfactory completion of treatment with a favorable prognosis

Documented

Abstinence Period Documented

Documented

Rehabilitation Evidence

1.b

specific text not stated in this decision

For Applicant

Unspecified Drug Involvement

Unspecified

Unknown

—

¶	Allegation	Finding	Offense	Criminal disposition	Response	Disqualifying (¶31)	Mitigating applied (¶32)	Mitigation
2.a	Between February and October 2012, Applicant was convicted of three criminal offenses – possession of drug paraphernalia in February 2012; public intoxication in June 2012, and possession of marijuana in October 2012.	For Applicant	Drug Related Criminal Charge	Convicted	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability (c) currently on parole or probation	(a) so much time has passed, or unusual circumstances, that it is unlikely to recur (d) evidence of successful rehabilitation (time, restitution, employment, etc.)	Credited No Subsequent Offenses Credited Rehabilitation Evidence
2.b	Applicant’s criminal behavior raises security concerns under AG ¶ 31(a) 'a single serious crime or multiple lesser offenses,' and AG ¶ 31(c) 'allegation or admission of criminal conduct, regardless of whether the person was formally charged, formally prosecuted or convicted.'	For Applicant	Unspecified Criminal Conduct	Conduct No Charge	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability (c) currently on parole or probation	(a) so much time has passed, or unusual circumstances, that it is unlikely to recur (d) evidence of successful rehabilitation (time, restitution, employment, etc.)	Credited No Subsequent Offenses Credited Rehabilitation Evidence
2.c	There is no evidence of Applicant being involved in any criminal conduct after October 2012.	For Applicant	Unspecified Criminal Conduct	Conduct No Charge	Admitted	—	(a) so much time has passed, or unusual circumstances, that it is unlikely to recur (d) evidence of successful rehabilitation (time, restitution, employment, etc.)	Credited No Subsequent Offenses Credited Rehabilitation Evidence

Allegation

Finding

Offense

Criminal disposition

Response

Disqualifying (¶31)

Mitigating applied (¶32)

Mitigation

2.a

Between February and October 2012, Applicant was convicted of three criminal offenses – possession of drug paraphernalia in February 2012; public intoxication in June 2012, and possession of marijuana in October 2012.

For Applicant

Drug Related Criminal Charge

Convicted

Admitted

(a) pattern of minor offenses casting doubt on judgment/reliability

(c) currently on parole or probation

(a) so much time has passed, or unusual circumstances, that it is unlikely to recur

(d) evidence of successful rehabilitation (time, restitution, employment, etc.)

Credited

No Subsequent Offenses

Credited

Rehabilitation Evidence

2.b

Applicant’s criminal behavior raises security concerns under AG ¶ 31(a) 'a single serious crime or multiple lesser offenses,' and AG ¶ 31(c) 'allegation or admission of criminal conduct, regardless of whether the person was formally charged, formally prosecuted or convicted.'

For Applicant

Unspecified Criminal Conduct

Conduct No Charge

Admitted

(a) pattern of minor offenses casting doubt on judgment/reliability

(c) currently on parole or probation

(a) so much time has passed, or unusual circumstances, that it is unlikely to recur

(d) evidence of successful rehabilitation (time, restitution, employment, etc.)

Credited

No Subsequent Offenses

Credited

Rehabilitation Evidence

2.c

There is no evidence of Applicant being involved in any criminal conduct after October 2012.

For Applicant

Unspecified Criminal Conduct

Conduct No Charge

Admitted

—

(a) so much time has passed, or unusual circumstances, that it is unlikely to recur

(d) evidence of successful rehabilitation (time, restitution, employment, etc.)

Credited

No Subsequent Offenses

Credited

Rehabilitation Evidence

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Case Profile

Summary

Why the Applicant Was Denied

Conditions Referenced

Key Rule Quoted

Procedural Posture

Cite For

Full decision

DEFENSE OFFICE OF HEARINGS AND APPEALS

HEARING

APPEARANCES

STATEMENT OF CASE

FINDINGS OF FACT

POLICIES

ANALYSIS

WHOLE PERSON CONCEPT

FORMAL FINDINGS

CONCLUSION

FOOTNOTES