Summary
A 27-year-old defense contractor employee was denied a security clearance under Guideline J (Criminal Conduct) due to a history of criminal offenses. The Statement of Reasons detailed several incidents, including a juvenile arrest and conviction for theft of rental property, which was a felony. Additionally, the applicant was arrested for trespassing and obstructing a police officer, resulting in a conviction for the latter.
Further allegations included an arrest and conviction for battery, and paying a fine for causing an unlawful nuisance. These actions raised disqualifying conditions under Adjudicative Guidelines Paragraphs 31(a) and 31(c).
While mitigating conditions under Paragraphs 32(a) and 32(d) were considered, the judge ultimately found that the applicant's criminal history, encompassing a juvenile felony and multiple misdemeanors, raised significant doubts about his reliability and trustworthiness. The applicant did not provide sufficient evidence of rehabilitation or remorse for his past actions, leading to the denial of his security clearance application.
Why the applicant was denied
- The applicant had a history of criminal conduct, including a juvenile felony conviction and multiple misdemeanors.
- The applicant did not demonstrate sufficient evidence of rehabilitation or remorse for his actions.
- The incidents of criminal conduct raised doubts about the applicant's reliability and trustworthiness.
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 ¶ 32(a)rejectedEvidence That so Much Time Has Elapsed Since the Criminal Behavior Happened, or It Happened Under Such Unusual Circumstances That It Is Unlikely to RecurThe incidents did not happen under unusual circumstances and cast doubt on the applicant's reliability.
- AG ¶ 32(d)rejectedEvidence of Successful RehabilitationThe applicant's latest conviction was recent, and he did not provide evidence of good performance at work or sufficient remorse.
Key rule quoted
“"Criminal activity creates doubt about a person's judgment, reliability, and trustworthiness."”
Procedural posture
- SOR issuedAug 10, 2009
- Answer filedAug 31, 2009
- Hearing held—Applicant requested determination on the record without a hearing.
- Decision dateJan 15, 2010
Cite for
- Disqualifying Conditions Under Guideline J Due to Criminal Conduct
- Rejection of Mitigating Conditions Based on Lack of Evidence of Rehabilitation
- The Impact of Criminal History on Security Clearance Eligibility Under the Whole-person Concept.