Summary
A 56-year-old applicant with a long employment history was denied a security clearance under Guideline J (Criminal Conduct) due to a felony assault conviction. The applicant was arrested on October 31, 2014, and initially charged with felony assault, misdemeanor assault, and firearm use in a violent crime. He subsequently pled guilty to assault-second degree, a misdemeanor, and received a five-year suspended prison term along with three years of supervised probation.
Disqualifying conditions related to criminal conduct were raised, specifically concerning the nature of the offense, the pattern of criminal behavior, and the applicant's candor. While mitigating conditions were considered, acknowledging the passage of time since the conduct and the applicant's compliance with court-ordered treatment, these were ultimately insufficient.
The denial was primarily based on the fact that the applicant remained on supervised probation for the felony assault conviction at the time of the decision. The adjudicator determined that the applicant had not provided sufficient evidence of rehabilitation, nor assurance that the criminal conduct would not recur. The seriousness of the offense, combined with the ongoing probation, raised significant doubts about the applicant's judgment and reliability, leading to the denial of his security clearance.
Why the Applicant Was Denied
- The applicant was on supervised probation for a felony assault conviction at the time of the decision.
- The applicant failed to provide sufficient evidence of rehabilitation or that the criminal conduct would not recur.
- The seriousness of the offense and the ongoing probation raised doubts about the applicant's 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 ¶ 31(d)raisedIndividual Is Currently on Parole or Probation
- AG ¶ 32(a)rejectedSo Much Time Has Elapsed Since the Criminal Behavior Happened, or It Happened Under Such Unique Circumstances That It Is Unlikely to Recur and Does Not Cast Doubt on the Individual’s Reliability, Trustworthiness, or Good JudgmentInsufficient time had elapsed since the criminal behavior, and the applicant was still on probation.
- AG ¶ 32(d)rejectedThere Is Evidence of Successful RehabilitationThe applicant did not provide sufficient evidence of rehabilitation.
Key Rule Quoted
“Criminal activity creates doubt about a person’s judgment, reliability, and trustworthiness.”
Procedural Posture
- SOR issuedMar 28, 2016
- Answer filedApr 13, 2016Applicant elected to have the case decided on the written record.
- Hearing held—Decision based on written record.
- Decision dateMay 30, 2017
Cite For
- Evaluation of Criminal Conduct Under Guideline J
- Impact of Ongoing Probation on Security Clearance Eligibility
- Consideration of Rehabilitation Evidence in Security Clearance Cases