Summary
A 56-year-old senior staff software engineer was denied a security clearance under Guideline J (Criminal Conduct) and Guideline E (Personal Conduct). The denial stemmed from a documented history of domestic violence and disorderly conduct, coupled with the applicant's failure to disclose relevant arrests on his security clearance application.
Specific allegations included arrests for disorderly conduct in May 1990 and assault in September 1995. Additionally, there were three domestic disturbances in 2005, and two more in 2006. A significant incident in September 2007 involved an arrest and charges of criminal damage and disorderly conduct, resulting in 24 months of unsupervised probation. The applicant intentionally failed to disclose this 2007 arrest and charges.
The judge determined that the applicant's long history of domestic violence and disorderly conduct, combined with the failure to disclose a recent arrest, raised significant concerns about his reliability and trustworthiness. Despite the applicant's ongoing mental health treatment, insufficient time had passed to conclude that he was rehabilitated or that his problematic behavior was unlikely to recur.
Why the Applicant Was Denied
- The applicant has a long history of domestic violence and disorderly conduct.
- He failed to disclose a recent arrest and charges on his security clearance application, raising concerns about his reliability and trustworthiness.
- Insufficient time has passed to conclude that the applicant is rehabilitated or that his behavior is unlikely to recur.
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 ¶ 31(d)raisedThe Individual Is Currently on Parole or Probation
- AG ¶ 16(a)raisedDeliberate Omission, Concealment, or Falsification of Relevant Facts
- 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 RecurEstablished for the May 1990 incident but not for the remaining incidents.
- AG ¶ 32(d)rejectedEvidence of Successful RehabilitationToo little time has passed since the latest criminal conduct.
- AG ¶ 17(a)rejectedPrompt, Good-faith Efforts to Correct the OmissionNo evidence of attempts to correct the omission until confronted by a security investigator.
- AG ¶ 17(c)rejectedThe Offense Is so Minor, or so Much Time Has Passed, or the Behavior Is so InfrequentThe falsification was serious and recent.
- AG ¶ 17(d)rejectedAcknowledgment of the Behavior and Obtained CounselingInsufficient acknowledgment of intentionality and lack of a favorable prognosis.
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 issuedMar 17, 2009
- Answer filedMar 31, 2009Applicant requested determination on the record without a hearing.
- Hearing held—No hearing; determination made on the record.
- Decision dateAug 28, 2009
Cite For
- Denial Based on a Pattern of Domestic Violence Under Guideline J
- Failure to Disclose Relevant Arrests Under Guideline E
- Insufficient Evidence of Rehabilitation Despite Ongoing Treatment