Summary
This case concerns a 54-year-old senior engineering laboratory technician with a long history of service and a previously held security clearance. The applicant's eligibility was reviewed under Guideline J (Criminal Conduct) due to a conviction for two misdemeanor counts of animal cruelty stemming from an offense on July 9, 2006. This conduct raised disqualifying conditions under Adjudicative Guidelines (AG) ¶¶ 31(a) and 31(c).
However, the decision ultimately applied mitigating conditions under AG ¶¶ 32(a) and 32(d). The applicant admitted to the criminal conduct, but demonstrated significant remorse and took responsibility for his actions. He fully complied with all terms of his probation, which included completing a humane society class and a cognitive skills program.
Furthermore, the applicant received substantial support from character witnesses and had a long history of reliable service in the defense industry. Based on these factors, the judge found that the applicant demonstrated sufficient rehabilitation and granted eligibility for a security clearance.
Why the Applicant Prevailed
- The applicant admitted to the criminal conduct but demonstrated significant remorse and took responsibility for his actions.
- He complied with all terms of his probation, including completing a humane society class and a cognitive skills program.
- The applicant received substantial support from character witnesses and had a long history of reliable service in the defense industry.
Conditions Referenced
- AG ¶ 31(a)raisedA Single Serious Crime or Multiple Lesser Offenses
- AG ¶ 31(c)raisedAllegation or Admission of Criminal Conduct, Regardless of Whether the Person Was Formally Charged, Formally Prosecuted or Convicted
- AG ¶ 32(a)appliedSo 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(d)appliedThere Is 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
“Eligibility for a security clearance is predicated upon the applicant meeting the criteria contained in the revised adjudicative guidelines (AG).”
Procedural Posture
- SOR issuedNov 20, 2008
- Answer filedDec 3, 2008
- Hearing heldApr 8, 2009Record held open until April 17, 2009 for additional evidence.
- Decision dateAug 3, 2009
Cite For
- Mitigation of Criminal Conduct Under Guideline J
- Importance of Community Support in Security Clearance Cases
- Successful Rehabilitation as a Factor in Clearance Eligibility