Summary
A 43-year-old defense contractor employee was denied a security clearance due to concerns under Guideline E (Personal Conduct) and Guideline J (Criminal Conduct). The denial stemmed from a 2004 felony conviction for manufacturing and distributing controlled dangerous substances and manufacturing, possessing, and distributing destructive devices. He was sentenced to 20 years confinement, with all but 29 days suspended, and placed on probation until July 2010.
The applicant's employer was unaware of his criminal record, and he faced a suspended 20-year sentence, which the judge found made him vulnerable to exploitation, manipulation, and duress. Although the applicant had no other criminal record and presented evidence of rehabilitation, including higher education, a good employment record, and community involvement, the judge noted his statement that he did not feel guilty of the offenses but accepted a plea bargain due to legal costs.
Ultimately, the judge determined that the serious nature of the criminal conduct, the ongoing probation with a suspended 20-year sentence, and the employer's lack of awareness of the criminal record raised significant doubts about the applicant's reliability and trustworthiness, leading to the denial of his security clearance.
Why the Applicant Was Denied
- The applicant's criminal conduct involved serious offenses, including drug manufacturing and possession of explosives.
- He remains on probation until July 2010, under the threat of a suspended 20-year sentence, which raises concerns about his vulnerability to exploitation.
- The applicant's employer is unaware of his criminal record, creating potential risks to national security.
Conditions Referenced
- J30raisedCriminal Conduct
- J31(a)raisedA Single Serious Crime or Multiple Lesser Offenses
- J31(c)raisedAllegation or Admission of Criminal Conduct
- J31(d)raisedIndividual Is Currently on Parole or Probation
- E15raisedPersonal Conduct
- E16(e)raisedPersonal Conduct That Creates a Vulnerability to Exploitation
- J32(a)appliedTime Elapsed Since Criminal BehaviorThe applicant's criminal behavior is unlikely to recur due to the time elapsed since the offenses.
- J32(d)appliedEvidence of Successful RehabilitationThe applicant has shown evidence of rehabilitation through good employment and community involvement.
- E17(c)appliedBehavior Unlikely to RecurThe applicant's criminal behavior is unlikely to recur.
- E17(d)appliedAcknowledgment of Behavior and Positive Steps TakenThe applicant has acknowledged his past behavior and taken steps to mitigate vulnerabilities.
Key Rule Quoted
“Any doubt concerning personnel being considered for access to classified information will be resolved in favor of national security.”
Procedural Posture
- SOR issuedNov 21, 2008
- Answer filedDec 30, 2008
- Hearing heldMar 9, 2009Applicant waived right to 15 days notice.
- Decision dateMar 25, 2009
Cite For
- Evaluation of Criminal Conduct Under Guideline J
- Impact of Ongoing Probation on Security Clearance Eligibility
- Consideration of Personal Conduct Vulnerabilities Under Guideline E