Summary
A 31-year-old federal contractor was denied a security clearance due to concerns under Guideline G (Alcohol Consumption) and Guideline J (Criminal Conduct). The denial stemmed from a nine-year history of multiple drug and alcohol-related arrests and convictions, with the most recent incident occurring in 2007.
Specific criminal conduct included an arrest in June 1998 for reckless handling of a firearm and marijuana possession, resulting in a conviction for the latter. In July 1999, the applicant was convicted of possession of a controlled substance with intent to distribute (cocaine), receiving a five-year suspended sentence with four months of "shock incarceration." Alcohol-related incidents included a September 2001 arrest for Driving Under the Influence (DUI), leading to a fine, suspended sentence, a one-year license suspension, and an order to attend an alcohol safety program. In April 2007, the applicant was arrested for felony eluding police, Driving While Intoxicated (DWI), reckless driving, and improperly stopping a vehicle. The felony charge was reduced to a misdemeanor, and he pleaded guilty to DWI, receiving a fine, a 12-month jail sentence with 20 days served, three years probation, and a three-year license suspension, along with another order to attend an alcohol safety program. The applicant also acknowledged consuming alcohol to intoxication between at least September 2001 and April 2007.
The Administrative Judge found that the applicant failed to provide sufficient evidence of rehabilitation or changed behavior. His ongoing probation until 2010 for the 2007 criminal activity further raised doubts about his reliability and trustworthiness, ultimately leading to the denial of his security clearance.
Why the applicant was denied
- The applicant has a nine-year history of drug and alcohol offenses, with the most recent occurring in 2007.
- He remains on probation until 2010 for his latest criminal activity, which raises doubts about his reliability and trustworthiness.
- The applicant did not provide credible evidence of rehabilitation or steps taken to mitigate the security concerns.
Conditions referenced
- AG ¶ 31(a)appliedCriminal Conduct - Serious Crime
- AG ¶ 31(c)appliedCriminal Conduct - Admission of Criminal Conduct
- AG ¶ 31(d)appliedCriminal Conduct - Currently on Probation
- AG ¶ 22(a)appliedAlcohol Consumption - Alcohol-related Incidents
Key rule quoted
“Any doubt concerning personnel being considered for access to classified information will be resolved in favor of national security.”
Procedural posture
- SOR issuedAug 26, 2008
- Answer filedSep 22, 2008Applicant elected to have the case decided on the written record.
- Hearing held—No hearing; decided on written record.
- Decision dateFeb 3, 2009
Cite for
- Denial Based on a History of Criminal Conduct and Alcohol Consumption
- Lack of Evidence for Rehabilitation Despite Multiple Offenses
- Impact of Ongoing Probation on Security Clearance Eligibility