Summary
A 39-year-old Information Systems Security Officer was denied a security clearance under Guideline E (Personal Conduct) and Guideline J (Criminal Conduct). The denial stemmed from a history of serious criminal offenses, including seven felony counts of computer fraud and grand theft. These felonies were committed while the applicant was on probation for a forgery charge, violating the terms of his probation.
The Statement of Reasons highlighted the applicant's consistent disregard for rules and regulations, evidenced by both his criminal conduct and a pattern of ongoing civil infractions. While the applicant presented evidence of rehabilitation and community involvement, the judge determined that these efforts were insufficient to overcome the concerns raised by his past actions.
The denial was based on the applicant's history of serious criminal conduct, which included calculated dishonesty. This pattern of behavior, coupled with continued civil infractions, undermined claims of rehabilitation and raised significant doubts about the applicant's reliability and trustworthiness.
Why the applicant was denied
- The applicant had a history of serious criminal conduct, including multiple felony convictions for computer fraud and grand theft.
- The applicant's pattern of civil infractions indicated a continued disregard for laws and regulations, undermining claims of rehabilitation.
- The applicant's past offenses involved calculated dishonesty, raising doubts about his current reliability and trustworthiness.
Conditions referenced
- AG ¶ 31(a)appliedA Single Serious Crime or Multiple Lesser Offenses
- AG ¶ 31(c)appliedAllegation or Admission of Criminal Conduct
- AG ¶ 31(e)appliedViolation of Parole or Probation
- AG ¶ 32(a)rejectedTime Elapsed Since Criminal BehaviorWhile time has passed since the criminal conduct, it still casts doubt on the applicant's trustworthiness.
- AG ¶ 32(d)rejectedEvidence of Successful RehabilitationThe persistence of civil infractions undermines claims of successful rehabilitation.
- AG ¶ 17(c)rejectedMinor Offense or Unlikely to RecurThe applicant's civil infractions indicate a pattern of behavior that raises doubts about his good judgment.
Key rule quoted
“A security clearance decision is intended only to resolve the questions of whether it is clearly consistent with the national interest for an Applicant to either receive or continue to have access to classified information.”
Procedural posture
- SOR issuedAug 12, 2008
- Answer filedSep 3, 2008Applicant admitted to most allegations.
- Hearing heldNov 10, 2008
- Decision dateJan 26, 2009
Cite for
- Disqualifying Conditions Under Guidelines E and J Due to Criminal Conduct and Personal Conduct Issues
- Impact of Civil Infractions on Security Clearance Eligibility
- Consideration of Rehabilitation in Light of Ongoing Legal Issues