Summary
A 30-year-old web developer was denied a security clearance due to concerns under Guideline D (Sexual Behavior) and Guideline J (Criminal Conduct). The applicant was arrested on December 29, 2000, and subsequently convicted of a felony for a lewd and lascivious act with a child under the age of 16, to which he pleaded nolo contendere. His sentence included three years of probation, two years of community control, a fine, and court costs.
As a result of the conviction, the applicant was required to register as a sex offender under the state Sexual Predators Act, necessitating notification of his address to state authorities every two years and remaining registered until at least June 2024. The Statement of Reasons cross-alleged these facts under Guideline E.
The denial was based on the serious nature of the felony conduct involving a minor, the applicant's attempts to minimize his actions, and the lack of sufficient evidence demonstrating successful rehabilitation or the specifics of any therapy undertaken. The judge concluded that the applicant's past actions and insufficient evidence of rehabilitation warranted the denial of the security clearance.
Why the Applicant Was Denied
- The applicant engaged in sexual conduct with a minor, which is a felony under state law.
- The applicant's attempts to minimize his conduct undermined claims of rehabilitation.
- The applicant did not provide evidence of successful rehabilitation or the nature of his therapy.
Conditions Referenced
- AG ¶ 13(a)raisedSexual Behavior of a Criminal Nature
- AG ¶ 13(d)raisedSexual Behavior That Reflects Lack of Discretion or Judgment
- AG ¶ 31(a)raisedA Single Serious Crime or Multiple Lesser Offenses
- AG ¶ 31(c)raisedAllegation or Admission of Criminal Conduct
- AG ¶ 14(b)rejectedThe Sexual Behavior Happened so Long Ago, so Infrequently, or Under Such Unusual CircumstancesThe applicant's conduct involved multiple incidents over a six-month period.
- AG ¶ 14(c)appliedThe Behavior No Longer Serves as a Basis for Coercion, Exploitation, or Duress
- AG ¶ 14(d)rejectedThe Sexual Behavior Is Strictly Private, Consensual, and DiscreetThe behavior was not consensual as the victim was a minor.
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 issuedOct 10, 2008
- Answer filedOct 24, 2008Applicant requested a determination on the record without a hearing.
- Hearing held—No hearing was held; determination was made on the record.
- Decision dateMar 16, 2009
Cite For
- Disqualifying Conditions Under Guidelines D and J Due to Sexual Conduct with a Minor
- Evaluation of Rehabilitation Efforts in the Context of Past Criminal Behavior
- Consideration of the Whole Person Concept in Security Clearance Determinations.