Summary
A 33-year-old technical service representative for a defense contractor was denied a security clearance due to concerns under Guidelines E (Personal Conduct), F (Financial Considerations), H (Drug Involvement), and J (Criminal Conduct). The applicant's history included multiple arrests and a felony conviction for attempted possession of chemicals for manufacturing a dangerous drug in May 2007, for which he received two years probation and a $1,000 fine. Other criminal charges included threatening and intimidating in July 2004, multiple instances of driving with a suspended license in February 2005 and August 2003, and a 1996 arrest for theft by shoplifting.
Additionally, the applicant failed to disclose a July 2004 arrest for threatening/intimidating on his January 2006 e-QIP. He also inaccurately answered "No" to questions regarding delinquent debts, despite having approximately 18 debts totaling $16,700. While some financial concerns were mitigated, the applicant's extensive criminal history and ongoing felony conviction were central to the denial.
The denial was based on the applicant's history of multiple arrests and convictions, particularly the felony related to drug manufacturing. The decision concluded that his criminal conduct raised significant doubts about his judgment, reliability, and trustworthiness, and he failed to demonstrate sufficient rehabilitation or changed circumstances to mitigate these security concerns.
Why the Applicant Was Denied
- The applicant has a history of multiple arrests and convictions, including a felony for attempted possession of chemicals for drug manufacturing.
- The applicant's criminal conduct raises significant doubts about his judgment, reliability, and trustworthiness.
- The applicant failed to demonstrate sufficient rehabilitation or changed circumstances to mitigate the security concerns.
Conditions Referenced
- AG ¶ 31(a)raisedCriminal Conduct
- AG ¶ 31(c)raisedCriminal Conduct
- AG ¶ 25(a)raisedDrug Involvement
- AG ¶ 25(c)raisedDrug Involvement
- AG ¶ 32(a)rejectedCriminal ConductThe applicant's criminal behavior is recent and frequent, undermining any claims of rehabilitation.
- AG ¶ 26(a)rejectedDrug InvolvementThe applicant's drug-related arrest occurred shortly before his e-QIP submission, indicating ongoing issues.
Key Rule Quoted
“Eligibility for a security clearance is predicated upon the Applicant meeting the criteria contained in the revised adjudicative guidelines (AG).”
Procedural Posture
- SOR issuedSep 24, 2008
- Answer filedNov 17, 2008
- Hearing heldApr 6, 2009
- Decision dateAug 12, 2009
Cite For
- Denial Based on Extensive Criminal History Under Guideline J
- Failure to Mitigate Drug Involvement Under Guideline H
- Insufficient Evidence of Financial Rehabilitation Under Guideline F