Summary
A 22-year-old contractor employee was denied eligibility for a Common Access Card (CAC) under Guideline J (Criminal Conduct) due to a history of criminal conduct. The denial stemmed from a March 7, 2014 arrest, which led to charges of felony embezzlement and misdemeanor theft. In August 2014, the applicant was convicted of misdemeanor larceny and received a sentence of probation and a fine.
The judge determined that the applicant failed to provide sufficient evidence to mitigate the security concerns raised by these incidents. Specifically, the applicant admitted to the felony embezzlement charge and the misdemeanor larceny conviction but did not offer mitigating evidence to address these issues.
Furthermore, the applicant did not demonstrate rehabilitation or positive changes in behavior since the conviction. Crucially, information regarding the completion of probation or restitution was not provided. Consequently, the judge concluded that the applicant's criminal history posed an unacceptable risk to national interests, leading to the denial of the CAC.
Why the applicant was denied
- The applicant admitted to a felony embezzlement charge and a misdemeanor larceny conviction without providing mitigating evidence.
- The applicant did not demonstrate rehabilitation or positive changes in behavior since his conviction.
- The applicant failed to provide information regarding the completion of probation or restitution.
Conditions referenced
- 2.b.(1)raisedA Single Serious Crime or Multiple Lesser Offenses Which Put the Safety of People at Risk or Threaten the Protection of Property or Information.
- 2.b.(2)raisedCharges or Admission of Criminal Conduct Relating to the Safety of People and Proper Protection of Property or Information Systems, Regardless of Whether the Person Was Formally Charged, Formally Prosecuted, or Convicted.
- 2.b.(3)raisedDishonest Acts (e.g., Theft, Accepting Bribes, Falsifying Claims, Perjury, Forgery, or Attempting to Obtain Identity Documentation Without Proper Authorization).
- 2.b.(4)raisedDeceptive or Illegal Financial Practices Such as Embezzlement, Employee Theft, Check Fraud, Income Tax Evasion, Expense Account Fraud, Filing Deceptive Loan Statements, or Other Intentional Financial Breaches of Trust.
Key rule quoted
“The overriding factor for all of these conditions is unacceptable risk.”
Procedural posture
- SOR issuedNov 17, 2015
- Answer filedNov 27, 2015Applicant elected to proceed without a hearing.
- Hearing held—No hearing; decision based on written record.
- Decision dateSep 27, 2016
Cite for
- Failure to Mitigate Criminal Conduct Under Guideline J
- Importance of Providing Evidence of Rehabilitation
- Burden of Persuasion Lies with the Applicant for CAC Eligibility