Summary
A 40-year-old administrative assistant sought Common Access Card (CAC) eligibility, facing concerns under Guidelines C (Foreign Preference), E (Personal Conduct), and J (Criminal Conduct). The Statement of Reasons detailed criminal charges related to notarization errors, a job termination in 2011 due to poor performance, and a failure to disclose this termination on a federal employment form. Additionally, the applicant voluntarily resigned from a county position prior to the final disposition of her criminal case.
Regarding the criminal conduct, the applicant was charged with conspiracy to commit forgery and related offenses. She pleaded guilty to a misdemeanor for making a false or incomplete certificate on authenticating documents. However, all charges were dismissed upon her successful completion of six months of unsupervised probation. The judge noted that the 2011 job termination was performance-related, stemming from poor training and personal difficulties, and did not indicate questionable employment conduct.
Ultimately, the judge granted CAC eligibility. This decision was based on findings that the applicant demonstrated no criminal intent or willful neglect in her past actions. The dismissal of her criminal charges after successful probation, combined with positive employment references and testimony supporting her reliability and trustworthiness, served as significant mitigating factors.
Why the applicant prevailed
- The applicant demonstrated no criminal intent or willful neglect in her past conduct.
- The applicant's charges were dismissed after successful completion of probation.
- Positive references and testimony supported the applicant's reliability and trustworthiness.
Conditions referenced
- SAS ¶ 2raisedCriminal or Dishonest Conduct
- SAS ¶ 1raisedMisconduct or Negligence in Employment
- SAS ¶ 3raisedMaterial, Intentional False Statement, Deception, or Fraud
- SAS ¶ 2.bappliedCriminal or Dishonest ConductThe applicant's conduct occurred under unusual circumstances unlikely to recur.
- SAS ¶ 1appliedMisconduct or Negligence in EmploymentThe applicant's termination was due to personal challenges and not indicative of misconduct.
- SAS ¶ 3appliedMaterial, Intentional False Statement, Deception, or FraudThe applicant's failure to disclose her termination was an oversight, not intentional falsification.
Key rule quoted
“The overriding factor for all of these conditions is unacceptable risk.”
Procedural posture
- SOR issuedMay 16, 2016
- Answer filedJun 9, 2016
- Hearing heldFeb 1, 2017Hearing convened as scheduled.
- Decision dateSep 6, 2017
Cite for
- Mitigating Circumstances for Criminal Conduct Under Guideline C
- Consideration of Personal Circumstances Affecting Employment Performance Under Guideline E
- Insufficient Evidence of Intentional Falsification Under Guideline J