Summary
A 58-year-old senior developer analyst was denied a security clearance under Guideline E (Personal Conduct) and Guideline J (Criminal Conduct) due to a significant criminal history and deliberate falsifications on multiple security clearance applications. Disqualifying conditions included deliberate misrepresentation and a pattern of criminal conduct.
The applicant's lengthy criminal history, which included drug-related offenses and burglary, raised serious doubts about his judgment and reliability. Furthermore, he deliberately falsified information on three separate security clearance applications, intentionally concealing his criminal history. This pattern of omissions and misrepresentations severely undermined his credibility and trustworthiness.
While mitigating conditions such as evidence of rehabilitation and a positive employment history were considered, they were insufficient to overcome the concerns raised by the applicant's failure to disclose past criminal behavior and his intentional falsifications. Consequently, the security clearance was denied.
Why the Applicant Was Denied
- The applicant had a lengthy criminal history, including drug-related offenses and burglary, which raised doubts about his judgment and reliability.
- The applicant deliberately falsified information on three security clearance applications, concealing his criminal history, which undermined his credibility and trustworthiness.
Conditions Referenced
- AG ¶ 31(a)raisedCriminal Conduct - A Single Serious Crime or Multiple Lesser Offenses.
- AG ¶ 31(c)raisedCriminal Conduct - Allegation or Admission of Criminal Conduct, Regardless of Whether the Person Was Formally Charged, Formally Prosecuted or Convicted.
- AG ¶ 16(a)raisedPersonal Conduct - Deliberate Omission, Concealment, or Falsification of Relevant Facts From Any Personnel Security Questionnaire.
- AG ¶ 32(a)appliedCriminal Conduct - so Much Time Has Elapsed Since the Criminal Behavior Happened, or It Happened Under Such Unusual Circumstances That It Is Unlikely to Recur.
- AG ¶ 32(d)appliedCriminal Conduct - Evidence of Successful Rehabilitation, Including but Not Limited to the Passage of Time Without Recurrence of Criminal Activity.
Key Rule Quoted
“"A person who seeks access to classified information enters into a fiduciary relationship with the Government predicated upon trust and confidence."”
Procedural Posture
- SOR issuedNov 17, 2008
- Answer filedDec 1, 2008
- Hearing heldFeb 6, 2009Applicant testified pro se.
- Decision dateMar 16, 2009
Cite For
- Denial Based on Deliberate Falsification of Security Clearance Applications
- Impact of a Lengthy Criminal History on Security Clearance Eligibility
- Consideration of Rehabilitation Efforts in the Context of Past Criminal Conduct