ISCR Case 08-09645.h1

Case Headnote

ISCR Case No. 08-09645.h1

grantedOct 30, 2009· Hon. Philip S. Howe· hearing

Summary

A 33-year-old mother of two was granted a security clearance despite initial concerns under Guideline E (Personal Conduct) and Guideline J (Criminal Conduct). These concerns arose from felony child endangerment charges filed in April 2007, stemming from her previous marriage. The allegations stated she failed to maintain a residence fit for human habitation, endangering her step-daughter and her own daughter.

In April 2008, the applicant pled guilty to both felony counts to avoid jail time. She received a sentence of five years probation, which included mandatory parenting classes, psychological evaluation and treatment, and other directives. She successfully served 18 months of her probation, swiftly completed parenting classes, cleaned and sold her house, purchased a new one, and regained custody of her oldest daughter, who had been in foster care for six months.

The judge granted the security clearance, concluding that her current circumstances do not pose a national security risk. This decision was based on the applicant's demonstrated significant personal reform and responsibility, successful completion of probation and parenting classes, and positive character references indicating a changed home environment and personal conduct.

Why the Applicant Prevailed

The applicant demonstrated significant personal reform and responsibility after her arrest.
She successfully completed probation and parenting classes, regaining custody of her children.
The applicant's character references indicated a positive change in her home environment and personal conduct.

Conditions Referenced

Disqualifying

J.30raisedCriminal Conduct
J.31(a)raisedSerious Crime
J.31(c)raisedAdmission of Criminal Conduct
J.31(d)raisedCurrently on Probation
E.15raisedPersonal Conduct
E.16(e)raisedVulnerability to Exploitation

Mitigating

J.32(a)appliedTime Elapsed Since Criminal Behavior
J.32(b)appliedPressured Into Committing the Act
J.32(d)appliedEvidence of Successful Rehabilitation
E.17(a)appliedMinor Offense or Time Passed
E.17(d)appliedAcknowledgment and Counseling
E.17(e)appliedPositive Steps to Reduce Vulnerability
E.17(g)appliedCeased Association with Criminal Activity

Key Rule Quoted

“The protection of the national security is the paramount consideration.”

Procedural Posture

SOR issuedApr 3, 2009
Answer filedApr 17, 2009
Hearing heldJun 23, 2009
Decision dateOct 30, 2009

Cite For

Mitigating Conditions Under Guideline J for Rehabilitation After Criminal Conduct
Application of the Whole-person Concept in Security Clearance Decisions
Impact of Personal Circumstances on Security Clearance Eligibility Under Guideline E

Editorial summary generated for research. Not legal advice; not a prediction. Verify against the full decision before relying on any quoted language.

¶	Allegation	Finding	Conduct	Concealed Issue	Response	Disqualifying (¶16)	Mitigating applied (¶17)	Mitigation
2.a	specific text not stated in this decision	For Applicant	Unspecified Personal Conduct	—	Unknown	—	(a) prompt, good-faith correction before being confronted (d) acknowledged the behavior; counseling/positive steps taken (e) positive steps to reduce vulnerability to exploitation	—

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

2.a

specific text not stated in this decision

For Applicant

Unspecified Personal Conduct

—

Unknown

—

(a) prompt, good-faith correction before being confronted

(d) acknowledged the behavior; counseling/positive steps taken

(e) positive steps to reduce vulnerability to exploitation

—

¶	Allegation	Finding	Offense	Criminal disposition	Response	Disqualifying (¶31)	Mitigating applied (¶32)	Mitigation
1.a	Applicant was charged in April 2007 with two counts of felony endangerment of a child under state law. She turned herself into the police to respond to the charges. She retained an attorney. The first charge referred to the endangerment of her step-daughter, and the second to her only child at that time, her daughter. The endangerment allegations were that she did not maintain a residence fit for human habitation. In April 2008, Applicant pled guilty to both felonies. She pled guilty to avoid being sentenced to jail. The state court sentenced Applicant to 90 days home confinement on the first charge, and five years confinement on the second charge. However, the confinement was suspended and Applicant was sentenced alternatively to five years probation, attendance at parenting classes, psychological evaluation and treatment as directed by the probation services in her state, and adherence to any other directives issued as part of her probation. Applicant has now served 18 months successfully on her probation. Applicant completed the parenting classes swiftly. She cleaned her house and sold it. She purchased another one, and regained custody of her oldest daughter whom the state had placed in foster care for six months.	For Applicant	Probation or Court Order Violation	Convicted	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability (c) currently on parole or probation (d) violation of parole/probation or failure to complete a court program	(a) so much time has passed, or unusual circumstances, that it is unlikely to recur (b) pressured/coerced and unlikely to recur absent that pressure (d) evidence of successful rehabilitation (time, restitution, employment, etc.)	Credited Rehabilitation Evidence Credited Passage of Time Credited Acknowledgment and Remorse

Allegation

Finding

Offense

Criminal disposition

Response

Disqualifying (¶31)

Mitigating applied (¶32)

Mitigation

1.a

Applicant was charged in April 2007 with two counts of felony endangerment of a child under state law. She turned herself into the police to respond to the charges. She retained an attorney. The first charge referred to the endangerment of her step-daughter, and the second to her only child at that time, her daughter. The endangerment allegations were that she did not maintain a residence fit for human habitation. In April 2008, Applicant pled guilty to both felonies. She pled guilty to avoid being sentenced to jail. The state court sentenced Applicant to 90 days home confinement on the first charge, and five years confinement on the second charge. However, the confinement was suspended and Applicant was sentenced alternatively to five years probation, attendance at parenting classes, psychological evaluation and treatment as directed by the probation services in her state, and adherence to any other directives issued as part of her probation. Applicant has now served 18 months successfully on her probation. Applicant completed the parenting classes swiftly. She cleaned her house and sold it. She purchased another one, and regained custody of her oldest daughter whom the state had placed in foster care for six months.

For Applicant

Probation or Court Order Violation

Convicted

Admitted

(a) pattern of minor offenses casting doubt on judgment/reliability

(c) currently on parole or probation

(d) violation of parole/probation or failure to complete a court program

(a) so much time has passed, or unusual circumstances, that it is unlikely to recur

(b) pressured/coerced and unlikely to recur absent that pressure

(d) evidence of successful rehabilitation (time, restitution, employment, etc.)

Credited

Rehabilitation Evidence

Credited

Passage of Time

Credited

Acknowledgment and Remorse

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Case Profile

Summary

Why the Applicant Prevailed

Conditions Referenced

Key Rule Quoted

Procedural Posture

Cite For

Full decision

DEFENSE OFFICE OF HEARINGS AND APPEALS

HEARING

APPEARANCES

STATEMENT OF CASE

FINDINGS OF FACT

POLICIES

ANALYSIS

WHOLE PERSON CONCEPT

FORMAL FINDINGS

CONCLUSION