Summary
A 46-year-old defense contractor was denied a security clearance under Guideline J (Criminal Conduct) due to a history of domestic violence offenses and a DUI conviction. The Statement of Reasons detailed a series of domestic violence incidents between 1994 and 2007, including a conviction for which the applicant remains on probation until November 26, 2009.
Additional criminal conduct included a 2002 conviction for Negligent Driving with a blood alcohol level over the legal limit, and a 1995 reckless driving incident that was later dismissed. The applicant was also charged with violating a no-contact order in March 2007.
Despite evidence of good character and community involvement, the judge found that the applicant's repeated criminal conduct and ongoing probation presented unmitigated security concerns. The denial was further supported by the applicant's perceived lack of remorse and tendency to blame others for his criminal behavior.
Why the Applicant Was Denied
- The applicant has a history of multiple domestic violence offenses and a DUI conviction.
- He remains on probation for a domestic violence conviction as of the decision date.
- The applicant exhibited little remorse and blamed others for his criminal behavior.
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 ¶ 32(a)rejectedSo Much Time Has Elapsed Since the Criminal Behavior Happened, or It Happened Under Such Unusual Circumstances That It Is Unlikely to Recur and Does Not Cast Doubt on the Individual's Reliability, Trustworthiness, or Good JudgmentThe applicant's recent and repetitive criminal history precludes substantial mitigation.
- AG ¶ 32(b)rejectedThe Person Was Pressured or Coerced Into Committing the Act and Those Pressures Are No Longer Present in the Person’s LifeThe applicant made no showing of coercion or pressure.
- AG ¶ 32(c)appliedEvidence That the Person Did Not Commit the OffenseThe reckless driving charge was dismissed.
- AG ¶ 32(d)rejectedEvidence of Successful RehabilitationThe recency and repetitive nature of the applicant's criminal activity indicate insufficient rehabilitation.
Key Rule Quoted
“Criminal activity creates doubt about a person's judgment, reliability, and trustworthiness.”
Procedural Posture
- SOR issuedApr 1, 2009
- Answer filedApr 17, 2009
- Hearing heldJun 22, 2009Applicant waived 15-days notice.
- Decision dateSep 14, 2009
Cite For
- Security Concerns Related to a History of Domestic Violence Under Guideline J
- Impact of Ongoing Probation on Security Clearance Eligibility
- Insufficient Mitigation of Criminal Conduct Due to Recency and Repetitiveness of Offenses