Summary
A 28-year-old systems analyst was granted a security clearance despite concerns under Guideline G (Alcohol Consumption) and Guideline J (Criminal Conduct). The Statement of Reasons detailed several past incidents, including a DUI conviction in January 2004, to which the applicant pled no contest. Other allegations included a dismissed DUI in April 2006, a no-contest plea for disorderly conduct in May 2006, and not guilty findings for battery in February 2004 and petit theft in 2002.
The judge acknowledged the disqualifying conditions related to alcohol consumption and criminal conduct. However, the applicant successfully demonstrated significant mitigating factors. These included completing all court-ordered requirements for his DUI conviction and showing substantial maturation and stability since the incidents, such as marriage and responsible employment.
Ultimately, the judge found no evidence of ongoing alcohol-related issues or criminal conduct. Based on the demonstrated mitigation and the applicant's current stability, the security concerns were deemed resolved, and the clearance was granted.
Why the applicant prevailed
- The applicant demonstrated significant maturation and stability since the incidents.
- He completed all court-ordered requirements related to his DUI conviction.
- The judge found no evidence of ongoing alcohol-related issues or criminal conduct.
Conditions referenced
- AG ¶ 31(a)raisedCriminal Conduct Disqualifying Condition
- AG ¶ 31(c)raisedCriminal Conduct Disqualifying Condition
- AG ¶ 32(a)appliedCriminal Conduct Mitigating ConditionThe incidents occurred several years ago and are unlikely to recur.
- AG ¶ 32(c)appliedCriminal Conduct Mitigating ConditionEvidence indicates the applicant did not commit the act in the dismissed DUI case.
- AG ¶ 32(d)appliedCriminal Conduct Mitigating ConditionEvidence of successful rehabilitation and positive life changes since the incidents.
- AG ¶ 22(a)notedAlcohol Consumption Disqualifying Condition
- AG ¶ 22(d)notedAlcohol Consumption Disqualifying Condition
Key rule quoted
“The protection of the national security is the paramount consideration.”
Procedural posture
- SOR issuedOct 9, 2008
- Answer filedOct 28, 2008Applicant admitted one allegation and requested a hearing.
- Hearing heldFeb 4, 2009Hearing was timely convened.
- Decision dateFeb 19, 2009Record closed on this date.
Cite for
- Mitigation of Criminal Conduct Due to Time Elapsed and Evidence of Rehabilitation
- Consideration of Personal Circumstances in Alcohol Consumption Cases
- Impact of Acquittals on Security Clearance Determinations