Summary
A 31-year-old crane rigger employed by a defense contractor was denied a security clearance under Guideline J (Criminal Conduct) due to two incidents involving criminal behavior, violence, and firearms.
The first incident occurred in January 2004, when the applicant was charged with felony murder and felony use of a firearm. He was subsequently convicted of being an accessory after the fact, a misdemeanor, and the firearm charge was dismissed. He received a sentence of 12 months in jail, with 4 months suspended, and one year of probation. The second incident took place in February 2013, when the applicant was charged with felony attempt to commit a non-capital offense and reckless handling of a firearm. He was convicted of discharging a firearm in a public place without causing injury, receiving a sentence of 12 months and 5 days in jail, with 11 months and 5 days suspended, and two years of unsupervised probation.
The denial was based on the applicant's recent criminal conduct, which involved alcohol-fueled violence and the use of deadly force. The judge noted the applicant expressed no remorse for his actions or decisions during these incidents, raising doubts about his judgment and reliability.
Why the applicant was denied
- The applicant's criminal conduct involved alcohol-fueled violence and use of deadly force.
- The applicant expressed no remorse for his actions or decisions during the incidents.
- The applicant's history of criminal behavior raised doubts about his judgment and reliability.
Conditions referenced
- AG ¶ 31(a)raisedA Single Serious Crime or Multiple Lesser Offenses
- AG ¶ 31(c)raisedAllegation or Admission of Criminal Conduct, Regardless of Whether the Person Was Formally Charged, Formally Prosecuted, or Convicted
- AG ¶ 32(a)rejectedSo Much Time Has Elapsed Since the Criminal Behavior Happened, or It Happened Under Such Unusual Circumstances That It Is Unlikely to Recur and Does Not Cast Doubt on the Individual’s Reliability, Trustworthiness, or Good JudgmentThe applicant's criminal conduct was recent and involved similar circumstances.
- AG ¶ 32(c)rejectedEvidence That the Person Did Not Commit the OffenseThe applicant was convicted of being an accessory after the fact.
- AG ¶ 32(d)rejectedThere Is Evidence of Successful RehabilitationThe applicant presented no evidence of good character or rehabilitation.
Key rule quoted
“Criminal activity creates doubt about a person's judgment, reliability, and trustworthiness.”
Procedural posture
- SOR issuedMar 25, 2016
- Answer filedMay 27, 2016
- Hearing heldAug 16, 2016
- Decision dateOct 6, 2016
Cite for
- Denial of Security Clearance Due to Recent Criminal Conduct Under Guideline J
- Lack of Remorse as a Factor in Security Clearance Decisions
- Evaluation of the Whole-person Concept in Adjudicating Security Clearance Cases