Summary
A 47-year-old senior mechanic for a defense contractor was granted a security clearance despite concerns under Guideline G (Alcohol Consumption) and Guideline J (Criminal Conduct). The Statement of Reasons cited a history of alcohol-related incidents, including a 1987 no-contest plea to DUI and failure to use designated lanes, and a 2006 DUI charge for which he was found not guilty. Additional criminal conduct included a 1993 battery conviction, a 2005 conviction for speeding and reckless driving, and a 2007 charge for simple battery, family violence, which never went to court.
The judge determined that the applicant's past criminal conduct was remote and did not indicate a current pattern of behavior. Mitigating factors included the applicant's significant rehabilitation and commitment to sobriety, having reduced his alcohol consumption to negligible amounts.
Furthermore, the applicant demonstrated improved work performance and family stability after regaining custody of his sons, reflecting responsible behavior. Based on these factors, the security clearance was granted.
Why the Applicant Prevailed
- The applicant's past criminal conduct was deemed remote and not indicative of a current pattern of behavior.
- The applicant demonstrated significant rehabilitation and a commitment to sobriety, having limited alcohol consumption to negligible amounts.
- The applicant's work performance and family stability improved after regaining custody of his sons, reflecting responsible behavior.
Conditions Referenced
- AG ¶ 31(a)raisedCriminal Conduct - A Single Serious Crime or Multiple Lesser Offenses
- AG ¶ 31(c)raisedCriminal Conduct - Allegation or Admission of Criminal Conduct, Regardless of Whether the Person Was Formally Charged, Formally Prosecuted, or Convicted
- AG ¶ 32(a)appliedCriminal Conduct - so 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
- AG ¶ 32(c)appliedCriminal Conduct - Evidence That the Person Did Not Commit the Offense
- AG ¶ 32(d)appliedCriminal Conduct - 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
Key Rule Quoted
“The protection of the national security is the paramount consideration.”
Procedural Posture
- SOR issuedMay 5, 2008
- Answer filedJun 2, 2008
- Hearing heldAug 14, 2008
- Decision dateSep 10, 2008
Cite For
- Mitigating Factors Related to Remote Criminal Conduct Under Guideline J
- Successful Rehabilitation and Lifestyle Changes Impacting Alcohol Consumption Under Guideline G
- The Importance of Family Stability and Responsible Behavior in Security Clearance Evaluations