Summary
A 24-year-old security officer for a defense contractor was denied a security clearance due to concerns under Guidelines D (Sexual Behavior), E (Personal Conduct), and J (Criminal Conduct). The denial stemmed from a prior misdemeanor sexual offense where the applicant attempted to view a minor in her bedroom. This resulted in an arrest, a guilty plea to Unlawful Sexual Contact, and a requirement to register as a sex offender, serve two years of unsupervised probation, pay a fine, and complete a sex offense treatment program. His most recent registration update was July 5, 2009.
The Statement of Reasons highlighted the applicant's lack of discretion and willingness to commit an illegal act to satisfy personal desires, as well as questionable judgment and a potential unwillingness to comply with rules. While the applicant admitted to all allegations and completed the required sex offense treatment program with no subsequent offenses, the decision noted that he failed to accept responsibility for his actions and continued to deny wrongdoing.
Ultimately, the applicant's lack of acceptance of responsibility for his past conduct raised significant questions about his rehabilitation and current trustworthiness, leading to the denial of his security clearance.
Why the Applicant Was Denied
- The applicant admitted to all allegations in the Statement of Reasons (SOR).
- The applicant's conduct demonstrated a lack of discretion and willingness to commit illegal acts for personal gratification.
- The applicant's failure to accept responsibility for his actions raised questions about his rehabilitation and current trustworthiness.
Conditions Referenced
- AG ¶ 13(a)raisedSexual Behavior of a Criminal Nature
- AG ¶ 13(d)raisedSexual Behavior of a Public Nature
- AG ¶ 31(a)raisedA Single Serious Crime or Multiple Lesser Offenses
- AG ¶ 31(c)raisedAllegation or Admission of Criminal Conduct
- AG ¶ 15raisedConduct Involving Questionable Judgment
- AG ¶ 14(a)rejectedBehavior Occurred Prior to or During AdolescenceThe applicant was almost 20 years old at the time of the offense.
- AG ¶ 14(b)rejectedBehavior Happened so Long Ago or Under Unusual CircumstancesThe applicant's continued denial of wrongdoing undermines the applicability of this condition.
- AG ¶ 32(a)rejectedTime Elapsed Since Criminal BehaviorThe applicant's lack of admission and remorse for his actions indicates ongoing trustworthiness concerns.
- AG ¶ 32(d)rejectedEvidence of Successful RehabilitationNo evidence of rehabilitation or remorse was presented.
- AG ¶ 17(c)rejectedOffense Is so Minor or InfrequentThe applicant committed a criminal offense, which cannot be considered minor misconduct.
Key Rule Quoted
“A security clearance decision is intended only to resolve whether it is clearly consistent with the national interest for an applicant to either receive or continue to have access to classified information.”
Procedural Posture
- SOR issuedApr 9, 2009
- Answer filedApr 29, 2009Applicant requested a decision without a hearing.
- Hearing held—No hearing was conducted.
- Decision dateSep 11, 2009
Cite For
- Denial of Security Clearance Due to Criminal Sexual Conduct
- Lack of Acceptance of Responsibility as a Factor in Security Clearance Decisions
- Impact of Prior Criminal Behavior on Current Trustworthiness Assessments