Summary
A 60-year-old technician, employed by a defense contractor, was granted a security clearance despite concerns under Guideline E (Personal Conduct) and Guideline J (Criminal Conduct). These concerns stemmed from a history of drug-related offenses and other criminal activities that occurred between 1970 and 1993. Disqualifying conditions J.31.a and J.31.c were initially raised.
However, the judge found substantial evidence of successful rehabilitation. Mitigating conditions J.32.a, J.32.d, E.17.c, and E.17.e were applied. The applicant demonstrated over 22 years without any criminal activity, providing credible evidence of remorse and a commitment to a law-abiding lifestyle.
Her community involvement and positive character references further supported her case. Ultimately, the judge determined that the applicant had successfully rehabilitated, leading to the decision to grant the security clearance.
Why the Applicant Prevailed
- The applicant demonstrated successful rehabilitation over a period exceeding 22 years without any criminal activity.
- She provided credible evidence of remorse and a commitment to a law-abiding lifestyle.
- The applicant's community involvement and positive character references supported her case for clearance.
Conditions Referenced
- J.31.araisedA Single Serious Crime or Multiple Lesser Offenses
- J.31.craisedAllegation or Admission of Criminal Conduct, Regardless of Whether the Person Was Formally Charged, Formally Prosecuted, or Convicted
- J.32.aappliedSo 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 Judgment
- J.32.dappliedThere Is Evidence of Successful Rehabilitation; Including but Not Limited to the Passage of Time Without Recurrence of Criminal Activity, Remorse or Restitution, Job Training or Higher Education, Good Employment Record, or Constructive Community Involvement
- E.17.cappliedSo Much Time Has Passed Since the Conduct That It Is Unlikely to Recur and Does Not Cast Doubt on the Individual's Reliability, Trustworthiness, or Good Judgment
- E.17.eappliedThe Individual Has Taken Positive Steps to Reduce or Eliminate Vulnerability to Exploitation, Manipulation, or Duress
Key Rule Quoted
“The protection of the national security is the paramount consideration.”
Procedural Posture
- SOR issuedMar 18, 2009
- Answer filedJun 17, 2009
- Hearing heldSep 29, 2009
- Decision dateDec 7, 2009
Cite For
- Successful Rehabilitation After a Lengthy Period of Criminal Conduct
- Mitigation of Security Concerns Under Guideline J Due to Time Elapsed Since Last Offense
- Evidence of Positive Community Contributions and Character References Supporting Clearance Eligibility.