Summary
A 27-year-old defense contractor was denied a security clearance due to concerns under Guideline D (Sexual Behavior), Guideline E (Personal Conduct), and Guideline J (Criminal Conduct). The denial stemmed from criminal conduct involving sexual activity with a minor in 2007 and 2008. This activity led to the applicant's arrest, three felony charges, and a subsequent misdemeanor conviction.
The government alleged that this criminal and sexual behavior demonstrated poor judgment, irresponsibility, and untrustworthiness. Disqualifying conditions cited included those related to criminal conduct and sexual behavior. While mitigating conditions were considered, they were ultimately not sufficient to overcome the security concerns.
The judge determined that the applicant's actions reflected poor judgment and a lack of maturity. Furthermore, the applicant's testimony suggested an insufficient acceptance of full responsibility for his conduct. Crucially, the judge found that not enough time had passed since the criminal behavior to adequately mitigate concerns regarding the applicant's reliability and trustworthiness, leading to the denial of the security clearance.
Why the Applicant Was Denied
- The applicant engaged in criminal sexual conduct with a minor, resulting in a misdemeanor conviction.
- The applicant's testimony indicated a lack of full responsibility for his actions, reflecting poor judgment.
- Insufficient time had elapsed since the criminal behavior to mitigate concerns about reliability and trustworthiness.
Conditions Referenced
- AG ¶ 31(a)raisedCriminal Conduct
- AG ¶ 13(a)raisedSexual Behavior of a Criminal Nature
- AG ¶ 13(b)raisedPattern of Compulsive Sexual Behavior
- AG ¶ 15raisedQuestionable Judgment
- AG ¶ 32(a)rejectedTime Elapsed Since Criminal BehaviorThe applicant's criminal conduct occurred slightly over two years ago, and the judge found it still casts doubt on his reliability.
- AG ¶ 32(d)rejectedEvidence of Successful RehabilitationThe applicant's psychologist indicated a need for continued therapy, suggesting ongoing issues with judgment.
- AG ¶ 14(c)appliedBehavior No Longer Serves as Basis for CoercionThe applicant kept his employer informed of his legal proceedings.
Key Rule Quoted
“Criminal activity creates doubts about a person’s judgment, reliability, and trustworthiness.”
Procedural Posture
- SOR issuedFeb 22, 2010
- Answer filedMar 15, 2010
- Hearing heldJun 9, 2010
- Decision dateJul 27, 2010
Cite For
- Disqualifying Conditions Under Guideline J for Criminal Conduct Involving Minors
- Disqualifying Conditions Under Guideline D for Sexual Behavior of a Criminal Nature
- Considerations of the Whole-person Concept in Security Clearance Evaluations