Summary
A 41-year-old defense contractor and former Navy service member was denied a security clearance due to concerns under Guideline D (Sexual Behavior), Guideline E (Personal Conduct), and Guideline J (Criminal Conduct). The applicant had been convicted of sexual offenses against a minor, specifically performing inappropriate sexual acts on a 15-year-old girl who was intoxicated or unconscious in June 2008.
This criminal conduct led to the applicant being a registered sex offender and remaining on probation until November 2011. The judge determined that these actions raised significant doubts about the applicant's judgment and trustworthiness.
Despite the application of several mitigating conditions, the security clearance was denied. The denial was based on the serious nature of the crime, the applicant's ongoing probation and status as a registered sex offender, and the recency of the conduct, which did not demonstrate sufficient evidence of rehabilitation or mitigation.
Why the applicant was denied
- The applicant was convicted of a serious crime involving sexual conduct with a minor.
- He remains on probation and is a registered sex offender, which raises concerns about his reliability and trustworthiness.
- The applicant's conduct was recent and did not demonstrate sufficient evidence of rehabilitation or mitigation.
Conditions referenced
- J.1.araisedCriminal Conduct - a Single Serious Crime or Multiple Lesser Offenses
- J.1.craisedCriminal Conduct - Allegation or Admission of Criminal Conduct
- J.1.draisedCriminal Conduct - Individual Is Currently on Parole or Probation
- D.1.araisedSexual Behavior - Sexual Behavior of a Criminal Nature
- D.1.craisedSexual Behavior - Sexual Behavior That Causes Vulnerability to Coercion
- D.1.draisedSexual Behavior - Sexual Behavior Reflecting Lack of Discretion or Judgment
- E.1.eraisedPersonal Conduct - Personal Conduct Creating Vulnerability to Exploitation
- J.2.arejectedCriminal Conduct - so Much Time Has Elapsed Since the Criminal BehaviorThe conduct was recent and did not demonstrate unusual circumstances.
- D.2.brejectedSexual Behavior - Sexual Behavior Happened so Long Ago or Under Unusual CircumstancesThe conduct was recent and egregious.
- E.2.crejectedPersonal Conduct - the Offense Is so Minor or InfrequentThe applicant's actions were serious and recent.
- E.2.dappliedPersonal Conduct - Individual Has Acknowledged the Behavior and Obtained CounselingThe applicant received counseling as part of probation.
- E.2.eappliedPersonal Conduct - Positive Steps to Reduce Vulnerability to ExploitationThe applicant's arrest is common knowledge, reducing some vulnerability.
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 issuedAug 27, 2009
- Answer filedOct 2, 2009Applicant elected to proceed without a hearing.
- Hearing held—Case decided on written record.
- Decision dateMar 19, 2010
Cite for
- Denial of Security Clearance Due to Serious Criminal Conduct Under Guideline J
- Impact of Sexual Offenses on Security Clearance Eligibility Under Guideline D
- Consideration of Personal Conduct and Its Implications for Trustworthiness Under Guideline E.