ISCR Case 07-15226.h1

Case Headnote

ISCR Case No. 07-15226.h1

deniedDec 31, 2008· Hon. Edward W. Loughran· hearing

Summary

A 36-year-old defense contractor was denied a security clearance due to concerns under Guideline E (Personal Conduct) and Guideline J (Criminal Conduct), stemming from a history of criminal behavior.

The applicant's record included a 1990 conviction for possession of stolen property, resulting in a fine, confinement, community service, and probation. In 1994, he was fined and received a suspended sentence for public nuisance. In 2001, he was convicted of obstruction of law enforcement after providing false information to police following a car accident involving his vehicle, leading to a fine and a largely suspended jail sentence. An Order for Protection was issued against him in 2003, which he subsequently violated, admitting to leaving a vulgar note and visiting his ex-girlfriend. A criminal trespass charge related to an incident prior to the order was deferred and later dismissed after he completed a fine and evaluations.

Most significantly, in 2006, the applicant was arrested for rape of a child, third degree, and later pled guilty to communicating with a child for immoral purposes. This resulted in a fine, a largely suspended confinement, two years probation, and an order to register as a sexual offender. The judge determined that the applicant's extensive criminal history, including the sexual offender conviction, and his violations of the Order for Protection, were not sufficiently mitigated by the evidence presented, leading to the denial of his security clearance.

Why the Applicant Was Denied

The applicant has a lengthy history of criminal acts, including a conviction as a registered sexual offender.
The applicant did not submit sufficient evidence to raise any mitigating condition for his criminal conduct.
The applicant violated an Order for Protection on multiple occasions, raising concerns about his personal conduct.

Conditions Referenced

Disqualifying

J31raisedA Single Serious Crime or Multiple Lesser Offenses
J30raisedAllegation or Admission of Criminal Conduct, Regardless of Whether the Person Was Formally Charged, Formally Prosecuted or Convicted
E16appliedCredible Adverse Information in Several Adjudicative Issue Areas
E16(d)appliedCredible Adverse Information That Is Not Explicitly Covered Under Any Other Guideline

Key Rule Quoted

“The protection of the national security is the paramount consideration.”

Procedural Posture

SOR issuedJun 23, 2008
Answer filedJul 9, 2008Applicant elected to have the case decided on the written record.
Hearing held—No hearing; decided on written record.
Decision dateDec 31, 2008

Cite For

Denial of Security Clearance Due to a History of Criminal Conduct
Impact of Personal Conduct on Security Clearance Eligibility
Failure to Mitigate Serious Criminal Offenses in Security Clearance Cases

Editorial summary generated for research. Not legal advice; not a prediction. Verify against the full decision before relying on any quoted language.

¶	Allegation	Finding	Conduct	Concealed Issue	Response	Disqualifying (¶16)	Mitigating applied (¶17)	Mitigation
2.a–2.b	2 sub-charges — specific text not stated in this decision (1 against, 1 for the applicant).	Mixed		—		—	—	—

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

2.a–2.b

2 sub-charges — specific text not stated in this decision (1 against, 1 for the applicant).

Mixed

—

¶	Allegation	Finding	Offense	Criminal disposition	Response	Disqualifying (¶31)	Mitigating applied (¶32)	Mitigation
1.a	Applicant was arrested in August 1990, and charged with possession of stolen property. He pled guilty and was sentenced to a fine, 30 days confinement, with 4 days converted to community service, and 12 months probation.	Against Applicant	Theft or Larceny	Convicted	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability (c) currently on parole or probation	—	—
1.b	Applicant was cited in January 1994 for public nuisance. He and a friend were playing loud music on a portable stereo at about 4:30 am in the parking lot next to a high school football field. He was found guilty of the infraction, fined, and given a 10-day suspended sentence.	Against Applicant	Unspecified Criminal Conduct	Convicted	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability (c) currently on parole or probation	—	—
1.c	Applicant let two girls drive his car in September 2001. The car was involved in an accident when they hit a mail box and the car ended up in a ditch. The girls left the scene of the accident. Applicant came back and removed the car from the ditch and left. When he was contacted by the police he provided them false information and stated that he was the driver of the vehicle. He was arrested and charged with obstruction of law enforcement. He was convicted, fined, and sentenced to 365 days in jail, with 364 days suspended.	Against Applicant	Unspecified Criminal Conduct	Convicted	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability (c) currently on parole or probation	—	—
1.d	An Order for Protection was issued against Applicant on June 30, 2003, ordering him to have no contact with an ex-girlfriend except by U.S. mail, and to remain 500 feet from her residence and place of employment. He was investigated in August 2003, for violating the Order of Protection. He admitted to the police officer that he left a vulgar note on her windshield and that he went to see her at her new boyfriend’s house. He was charged on September 3, 2003, with criminal trespass which occurred in May 2003, prior to the issuance of the Order of Protection. Prosecution was deferred for two years pending payment of a fine and completion of a mental health evaluation and an alcohol evaluation. Applicant completed the terms of the deferred adjudication and the charge was dismissed in December 2005.	Against Applicant	Trespassing or Burglary	Diversion or Deferred	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability (c) currently on parole or probation	—	—
1.e	Applicant was arrested in June 2006, and charged with rape of a child, third degree. He pled guilty in August 2006, to communicating with a child for immoral purposes. He was sentenced to a fine, 365 days confinement with 363 days suspended for two years, two years probation, and he was ordered to register as a sexual offender.	Against Applicant	Sexual Offense Criminal	Convicted	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability (c) currently on parole or probation	—	—

Allegation

Finding

Offense

Criminal disposition

Response

Disqualifying (¶31)

Mitigating applied (¶32)

Mitigation

1.a

Applicant was arrested in August 1990, and charged with possession of stolen property. He pled guilty and was sentenced to a fine, 30 days confinement, with 4 days converted to community service, and 12 months probation.

Against Applicant

Theft or Larceny

Convicted

Admitted

(a) pattern of minor offenses casting doubt on judgment/reliability

(c) currently on parole or probation

—

1.b

Applicant was cited in January 1994 for public nuisance. He and a friend were playing loud music on a portable stereo at about 4:30 am in the parking lot next to a high school football field. He was found guilty of the infraction, fined, and given a 10-day suspended sentence.

Against Applicant

Unspecified Criminal Conduct

Convicted

Admitted

(a) pattern of minor offenses casting doubt on judgment/reliability

(c) currently on parole or probation

—

1.c

Applicant let two girls drive his car in September 2001. The car was involved in an accident when they hit a mail box and the car ended up in a ditch. The girls left the scene of the accident. Applicant came back and removed the car from the ditch and left. When he was contacted by the police he provided them false information and stated that he was the driver of the vehicle. He was arrested and charged with obstruction of law enforcement. He was convicted, fined, and sentenced to 365 days in jail, with 364 days suspended.

Against Applicant

Unspecified Criminal Conduct

Convicted

Admitted

(a) pattern of minor offenses casting doubt on judgment/reliability

(c) currently on parole or probation

—

1.d

An Order for Protection was issued against Applicant on June 30, 2003, ordering him to have no contact with an ex-girlfriend except by U.S. mail, and to remain 500 feet from her residence and place of employment. He was investigated in August 2003, for violating the Order of Protection. He admitted to the police officer that he left a vulgar note on her windshield and that he went to see her at her new boyfriend’s house. He was charged on September 3, 2003, with criminal trespass which occurred in May 2003, prior to the issuance of the Order of Protection. Prosecution was deferred for two years pending payment of a fine and completion of a mental health evaluation and an alcohol evaluation. Applicant completed the terms of the deferred adjudication and the charge was dismissed in December 2005.

Against Applicant

Trespassing or Burglary

Diversion or Deferred

Admitted

(a) pattern of minor offenses casting doubt on judgment/reliability

(c) currently on parole or probation

—

1.e

Applicant was arrested in June 2006, and charged with rape of a child, third degree. He pled guilty in August 2006, to communicating with a child for immoral purposes. He was sentenced to a fine, 365 days confinement with 363 days suspended for two years, two years probation, and he was ordered to register as a sexual offender.

Against Applicant

Sexual Offense Criminal

Convicted

Admitted

(a) pattern of minor offenses casting doubt on judgment/reliability

(c) currently on parole or probation

—

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Case Profile

Summary

Why the Applicant Was Denied

Conditions Referenced

Key Rule Quoted

Procedural Posture

Cite For

Full decision

DEFENSE OFFICE OF HEARINGS AND APPEALS

HEARING

APPEARANCES

STATEMENT OF CASE

FINDINGS OF FACT

POLICIES

ANALYSIS

WHOLE PERSON CONCEPT

FORMAL FINDINGS

CONCLUSION