ISCR Case 06-21093.h1

Case Headnote

ISCR Case No. 06-21093.h1

deniedJun 16, 2008· Hon. Roger C. Wesley· hearing

Summary

A 31-year-old products support technician for a defense contractor was denied a security clearance under Guideline E (Personal Conduct) and Guideline J (Criminal Conduct). The denial stemmed from a history of criminal offenses and significant omissions on his security applications.

The applicant's criminal record included a June 1994 felony charge for eluding/fleeing and possession of a controlled substance, to which he pleaded guilty. He was later found guilty in June 1996 for failure to pay fines related to these charges. In August 1995, he was charged with petty larceny, found guilty in June 1996 after failing to appear twice, and served one day in jail. A December 1997 felony charge for larceny and receiving/disposing of stolen property resulted in an outstanding bench warrant due to his failure to appear. Finally, in January 1999, he pleaded guilty to criminal trespass and was fined.

The applicant falsified his March 2003 public trust application by omitting the 1997 larceny indictment and the January 1999 criminal trespass arrest. He also misrepresented his awareness of the 1997 larceny indictment in a January 2004 sworn statement. The judge found his claims of unawareness regarding his past offenses not credible, concluding that his omissions were willful and raised significant security concerns, leading to the denial of his security clearance.

Why the Applicant Was Denied

The applicant had multiple criminal offenses, including felonies, which raised security concerns.
The applicant's omissions of significant criminal history in his security applications were deemed willful and not credible.
The applicant's claims of unawareness regarding his criminal history were contradicted by evidence and his own admissions.

Conditions Referenced

Disqualifying

DC 31.araisedA Single Serious Crime or Multiple Lesser Offenses
DC 31.craisedAllegation or Admission of Criminal Conduct, Regardless of Whether the Person Was Formally Charged

Mitigating

MC 32.crejectedEvidence That the Person Did Not Commit the OffenseThe applicant admitted to the underlying conduct of his offenses.
MC 32.aappliedThe Behavior Was Not RecentThe applicant's last offense occurred in 1999, and he has since demonstrated responsible behavior.

Key Rule Quoted

“Criminal activity creates doubt about a person’s judgment, reliability, and trustworthiness.”
— Adjudicative Guidelines, ¶ 30

Procedural Posture

SOR issuedOct 20, 2007
Answer filedDec 4, 2007
Hearing heldMar 5, 2008
Decision dateJun 16, 2008

Cite For

Credibility Issues Regarding Omissions in Security Applications
Impact of Criminal History on Security Clearance Eligibility
Evaluation of Mitigating Factors in Light of Past 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
2.a	falsified his public trust application of March 2003 by omitting his 1997 larceny indictment and his January 1999 criminal trespass arrests	Against Applicant	Falsification Security FormFOUND DELIBERATE	Criminal Conduct	Denied	(a) deliberate omission, concealment, or falsification on a security form (c) credible adverse information across areas supporting a whole-person concern	—	—
2.b	misrepresenting his awareness of his 1997 larceny indictment in a follow-up January 2004 signed, sworn statement	Against Applicant	Lack of Candor in InterviewFOUND DELIBERATE	Criminal Conduct	Denied	(a) deliberate omission, concealment, or falsification on a security form (c) credible adverse information across areas supporting a whole-person concern	—	—
2.c	specific text not stated in this decision	For Applicant	Unspecified Personal Conduct	—	Unknown	—	—	—
2.d	omitting his January 1999 criminal trespass arrest	Against Applicant	Falsification Security FormFOUND DELIBERATE	Criminal Conduct	Denied	(a) deliberate omission, concealment, or falsification on a security form (c) credible adverse information across areas supporting a whole-person concern	—	—

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

2.a

falsified his public trust application of March 2003 by omitting his 1997 larceny indictment and his January 1999 criminal trespass arrests

Against Applicant

Falsification Security FormFOUND DELIBERATE

Criminal Conduct

Denied

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

(c) credible adverse information across areas supporting a whole-person concern

—

2.b

misrepresenting his awareness of his 1997 larceny indictment in a follow-up January 2004 signed, sworn statement

Against Applicant

Lack of Candor in InterviewFOUND DELIBERATE

Criminal Conduct

Denied

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

(c) credible adverse information across areas supporting a whole-person concern

—

2.c

specific text not stated in this decision

For Applicant

Unspecified Personal Conduct

—

Unknown

—

2.d

omitting his January 1999 criminal trespass arrest

Against Applicant

Falsification Security FormFOUND DELIBERATE

Criminal Conduct

Denied

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

(c) credible adverse information across areas supporting a whole-person concern

—

¶	Allegation	Finding	Offense	Criminal disposition	Response	Disqualifying (¶31)	Mitigating applied (¶32)	Mitigation
1.a	In June 1994 for eluding/fleeing (on foot) and possession of a controlled substance prohibited (a felony), for which he pleaded guilty to both counts (judgment deferred on eluding/fleeing count), and later charged with failure to pay fines and found guilty to three charges in June 1996.	For Applicant	Unspecified Criminal Conduct	Convicted	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability (c) currently on parole or probation	(c) no reliable evidence the individual committed the offense	—
1.b	In August 1995 for petty larceny, for which he later found guilty in June 1996 (including failure to appear on two occasions) and served one day in jail.	For Applicant	Theft or Larceny	Convicted	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability (c) currently on parole or probation	(c) no reliable evidence the individual committed the offense	—
1.c	In December 1997 for larceny (a felony) and receiving/disposing of stolen property (a felony, for which a bench warrant issued after his failure to appear for arraignment (still outstanding).	For Applicant	Theft or Larceny	Conduct No Charge	Denied	(a) pattern of minor offenses casting doubt on judgment/reliability (c) currently on parole or probation	—	—
1.d	In January 1999 for criminal trespass, for which he pleaded guilty and was fined.	For Applicant	Trespassing or Burglary	Convicted	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability (c) currently on parole or probation	(c) no reliable evidence the individual committed the offense	—

Allegation

Finding

Offense

Criminal disposition

Response

Disqualifying (¶31)

Mitigating applied (¶32)

Mitigation

1.a

In June 1994 for eluding/fleeing (on foot) and possession of a controlled substance prohibited (a felony), for which he pleaded guilty to both counts (judgment deferred on eluding/fleeing count), and later charged with failure to pay fines and found guilty to three charges in June 1996.

For Applicant

Unspecified Criminal Conduct

Convicted

Admitted

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

(c) currently on parole or probation

(c) no reliable evidence the individual committed the offense

—

1.b

In August 1995 for petty larceny, for which he later found guilty in June 1996 (including failure to appear on two occasions) and served one day in jail.

For Applicant

Theft or Larceny

Convicted

Admitted

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

(c) currently on parole or probation

(c) no reliable evidence the individual committed the offense

—

1.c

In December 1997 for larceny (a felony) and receiving/disposing of stolen property (a felony, for which a bench warrant issued after his failure to appear for arraignment (still outstanding).

For Applicant

Theft or Larceny

Conduct No Charge

Denied

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

(c) currently on parole or probation

—

1.d

In January 1999 for criminal trespass, for which he pleaded guilty and was fined.

For Applicant

Trespassing or Burglary

Convicted

Admitted

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

(c) currently on parole or probation

(c) no reliable evidence the individual committed the offense

—

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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

FORMAL FINDINGS

CONCLUSION