Summary
A 38-year-old dispatcher for a Department of Defense contractor was denied a security clearance under Guideline F (Financial Considerations) and Guideline J (Criminal Conduct). The denial stemmed from significant delinquent debts and a pending felony charge for grand theft auto.
The applicant had a history of approximately $32,000 in delinquent debts, including unpaid child support and medical bills. While child support obligations were being addressed via wage garnishment, the majority of her other financial issues remained unresolved. Additionally, the applicant was arrested in January 2009 for grand theft auto, a felony charge that was still pending at the time of the decision. She also had a prior arrest in June 2008 for contempt of court related to child support.
The judge determined that the applicant had not taken adequate steps to resolve most of her delinquent accounts, raising concerns about her trustworthiness. Furthermore, the pending felony charge for grand theft auto raised questions about her judgment and reliability, leading to the denial of her security clearance.
Why the Applicant Was Denied
- The applicant has a history of significant delinquent debts totaling approximately $32,000, including unpaid child support and medical bills.
- The applicant was arrested for grand theft auto, and the charges were still pending at the time of the decision, raising concerns about her judgment and reliability.
- The applicant failed to take adequate steps to resolve the majority of her delinquent accounts, which continued to raise questions about her trustworthiness.
Conditions Referenced
- FC DC 19(a)appliedInability or Unwillingness to Satisfy Debts
- FC DC 19(c)appliedHistory of Not Meeting Financial Obligations
- CC DC 31(a)appliedA Single Serious Crime or Multiple Lesser Offenses
- CC DC 31(c)appliedAllegation or Admission of Criminal Conduct
- FC MC 20(b)appliedConditions That Resulted in the Financial Problem Were Largely Beyond the Person's Control
- CC MC 32(a)rejectedSo Much Time Has Elapsed Since the Criminal Behavior Happened, or It Happened Under Such Circumstances That It Is Unlikely to RecurThe criminal charges were still pending, making it premature to apply this mitigating condition.
- CC MC 32(c)rejectedEvidence That the Person Did Not Commit the OffenseConflicting accounts regarding the permission to use the car raised doubts about the applicant's claims.
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 issuedMay 28, 2009
- Answer filedJul 6, 2009
- Hearing heldAug 25, 2009
- Decision dateSep 25, 2009
Cite For
- Denial of Security Clearance Due to Unresolved Financial Obligations
- Impact of Pending Criminal Charges on Security Clearance Eligibility
- Consideration of Mitigating Conditions in Financial and Criminal Conduct Cases