Summary
A 32-year-old defense contractor employee was denied a security clearance due to concerns under Guidelines E (Personal Conduct), F (Financial Considerations), and J (Criminal Conduct). The denial stemmed from a history of criminal conduct and significant unresolved financial debts.
The applicant's criminal record included a December 1995 shoplifting conviction resulting in 12 months probation, and a July 1996 conviction for theft of U.S. government property, leading to one month in jail. In July 2002, he faced multiple felony charges related to the purchase, possession, manufacture, distribution, or sale of marijuana and cocaine, as well as possession of a firearm during a felony, resulting in five years probation. Further incidents included a January 2004 DUI conviction, which led to 24 hours in jail, 12 months probation, a fine, and community service. He was also arrested for probation violations in April 2006, serving 10 days in jail, and again in March 2007.
Additionally, the applicant owed approximately $6,499 across 12 delinquent debts. The judge determined that the applicant's criminal history raised serious concerns about his judgment and reliability, while his financial issues indicated a lack of self-control and poor judgment. His repeated probation violations further suggested a lack of rehabilitation and an ongoing risk of recidivism.
Why the Applicant Was Denied
- The applicant had multiple arrests and convictions for criminal offenses, including drug-related felonies and DUI.
- The applicant owed approximately $6,499 in delinquent debts, which he had not resolved.
- The applicant's history of probation violations indicated a lack of rehabilitation and ongoing risk of recidivism.
Conditions Referenced
- AG ¶ 31(a)appliedCriminal Conduct
- AG ¶ 31(c)appliedCriminal Conduct
- AG ¶ 31(e)appliedCriminal Conduct
- AG ¶ 19(a)appliedFinancial Considerations
- AG ¶ 19(c)appliedFinancial Considerations
Key Rule Quoted
“A fair and commonsense assessment of all available information bearing on Applicant’s past conduct and current circumstances shows he has failed to address satisfactorily the government’s doubts about his ability or willingness to protect the government’s interests as his own.”
Procedural Posture
- SOR issuedJun 19, 2009
- Answer filed—
- Hearing heldJan 20, 2010
- Decision dateApr 27, 2010
Cite For
- Disqualifying Conditions Under Guidelines E, F, and J
- Impact of Unresolved Financial Obligations on Security Clearance
- Recency and Severity of Criminal Conduct Affecting Judgment and Reliability