Summary
A 48-year-old computer systems technician and Army National Guard member was denied a security clearance due to concerns under Guideline E (Personal Conduct) and Guideline J (Criminal Conduct). The denial stemmed from a history of domestic violence and multiple arrests, which raised significant questions about his reliability and trustworthiness.
The applicant's record included two arrests for driving under the influence (DUI), one resulting in a guilty finding and the other dismissed. He also had numerous arrests for domestic violence battery between 1995 and 2004, involving his former wife and stepdaughter. These incidents included a guilty plea for shoving his wife, an arrest for striking his wife, an arrest following a complaint where police observed evidence of violence, and an arrest for hitting both his wife and stepdaughter. Other arrests included charges for criminal property damage, disorderly conduct (later expunged), and battery following an altercation at a bar. Additionally, he faced charges for driving with a suspended license and no insurance, and had multiple arrests related to outstanding warrants.
Despite some mitigating factors, such as the absence of his former wife as a source of conflict, the judge found that the applicant's long history of criminal conduct, including domestic violence and DUI, demonstrated a failure to rehabilitate. His argumentative behavior and lack of candor during the security clearance process further contributed to the decision to deny the clearance.
Why the applicant was denied
- The applicant has a long history of criminal conduct, including multiple arrests for domestic violence and DUI.
- The applicant failed to demonstrate successful rehabilitation or that his past behavior was unlikely to recur.
- The applicant's argumentative behavior and lack of candor during the security clearance process raised significant concerns about his reliability.
Conditions referenced
- J.30raisedCriminal Conduct
- J.31(a)appliedSingle Serious Crime or Multiple Lesser Offenses
- J.31(c)appliedAllegation or Admission of Criminal Conduct
- E.16(b)raisedDeliberately Providing False or Misleading Information
- E.16(d)appliedCredible Adverse Information
- J.32(b)appliedPressured or Coerced Into Committing the Act
- E.17(c)rejectedOffense Is Minor or Unlikely to Recur
- E.17(d)rejectedAcknowledged Behavior and Obtained Counseling
Key rule quoted
“A person who seeks access to classified information enters into a fiduciary relationship with the government predicated upon trust and confidence.”
Procedural posture
- SOR issuedJun 3, 2009
- Answer filedJun 22, 2009Requested decision on the written record.
- Hearing held—No hearing; decision based on written record.
- Decision dateNov 12, 2009
Cite for
- Security Concerns Related to a History of Domestic Violence Under Guideline J
- Impact of Personal Conduct on Security Clearance Eligibility Under Guideline E
- The Importance of Demonstrating Rehabilitation in Security Clearance Cases.