Summary
A 30-year-old network administrator employed by a defense contractor was denied a security clearance due to concerns under Guideline H (Drug Involvement), Guideline E (Personal Conduct), and Guideline J (Criminal Conduct). The applicant had a history of marijuana use from July 1995 to May 2007, including positive drug screens and two arrests for possession in March and May 2007. While these charges were ultimately nolle prossed in June 2008 after he successfully completed a drug intervention program, his drug use occurred while holding a security clearance.
Further concerns arose from the applicant's personal conduct. He failed to disclose recent marijuana use on a July 2004 questionnaire for non-sensitive positions and falsified employment applications with retail employers. Although he later disclosed marijuana use on clearance applications in November 2004 and August 2007, these disclosures were not considered forthright or prompt, suggesting a willingness to prioritize personal needs over government interests.
Finally, the applicant's criminal conduct included the two marijuana arrests in 2007, as well as arrests for reckless driving in August 2002 and December 2008. He was found guilty of a lesser offense and fined for the 2002 incident, and found guilty and fined for the 2008 incident. The judge determined that the applicant's past drug use, deliberate concealment of information, and pattern of criminal conduct raised significant security concerns that were not mitigated by his claims of rehabilitation, leading to the denial of his security clearance.
Why the Applicant Was Denied
- The applicant had a history of illegal drug use while holding a security clearance, which raised significant concerns under Guideline H.
- The applicant deliberately concealed his drug use on a security clearance application, demonstrating a lack of candor under Guideline E.
- The applicant's pattern of criminal conduct, including multiple arrests, indicated a disregard for the law under Guideline J.
Conditions Referenced
- H ¶ 25(a)raisedDrug Abuse
- H ¶ 25(c)raisedIllegal Drug Possession
- H ¶ 25(g)raisedIllegal Drug Use After Clearance
- E ¶ 16(a)raisedDeliberate Falsification
- J ¶ 31(a)raisedSerious Crime
- J ¶ 31(c)raisedAdmission of Criminal Conduct
Key Rule Quoted
“The government has a compelling interest in ensuring each Applicant possesses the requisite judgement, reliability, and trustworthiness of those who must protect national interests as their own.”
Procedural Posture
- SOR issuedApr 9, 2009
- Answer filedApr 28, 2009
- Hearing heldJul 7, 2009
- Decision dateJul 29, 2009
Cite For
- Disqualification Due to Illegal Drug Use Under Guideline H
- Lack of Candor in Security Clearance Applications Under Guideline E
- Pattern of Criminal Conduct Impacting Security Clearance Under Guideline J