Summary
The applicant, a 41-year-old senior vehicle operator, sought a security clearance despite a history of six criminal convictions between 1991 and 1993, including aggravated robbery. He demonstrated significant rehabilitation, including stable employment since his release from prison, payment of all delinquent debts, and a commitment to a drug-free lifestyle. The judge found that the applicant mitigated the security concerns under Guidelines E, F, and J, leading to a granted clearance.
Under Guideline E (Personal Conduct), Guideline F (Financial Considerations), and Guideline J (Criminal Conduct), the Statement of Reasons alleged the following: Applicant failed to list all of his criminal convictions on his security clearance application (2.a). Applicant did not provide truthful and candid answers during the security clearance process (2.b). Three different department store accounts: $2,253 (3.a). Three different department store accounts: $1,222 (3.b). Three different department store accounts: $2,960 (3.c). A credit card account: $2,075 (3.d). A telephone service account: $533 (3.e). Between March 1991 and August 1993, Applicant was arrested and convicted six times. The charges involved: drug possession, driving under suspension, theft, forgery, and aggravated robbery (1.a).
The judge granted the clearance. The government raised disqualifying conditions AG ¶ 31(a), AG ¶ 31(c), AG ¶ 19(a), AG ¶ 19(c). The judge applied mitigating conditions AG ¶ 17(c), AG ¶ 17(d), AG ¶ 20(c), AG ¶ 20(d). The decision turned on the following: The applicant has maintained stable employment since his release from prison in 2002; All delinquent debts have been paid, demonstrating financial responsibility; The applicant has shown remorse and has taken steps towards rehabilitation, including obtaining a real estate license and a commercial driver's license.
Why the applicant prevailed
- The applicant has maintained stable employment since his release from prison in 2002.
- All delinquent debts have been paid, demonstrating financial responsibility.
- The applicant has shown remorse and has taken steps towards rehabilitation, including obtaining a real estate license and a commercial driver's license.
Conditions referenced
- AG ¶ 31(a)raisedCriminal Conduct
- AG ¶ 31(c)raisedAdmission of Criminal Conduct
- AG ¶ 19(a)raisedInability or Unwillingness to Satisfy Debts
- AG ¶ 19(c)raisedHistory of Not Meeting Financial Obligations
- AG ¶ 17(c)appliedTime Passed Without Misconduct
- AG ¶ 17(d)appliedEvidence of Successful Rehabilitation
- AG ¶ 20(c)appliedDebt Has Been Paid
- AG ¶ 20(d)appliedGood Financial Record
Key rule quoted
“The administrative judge’s overarching adjudicative goal is a fair, impartial, and commonsense decision.”
Procedural posture
- SOR issuedMay 16, 2011
- Answer filedMay 27, 2011
- Hearing heldSep 1, 2011
- Decision dateJan 27, 2012
Cite for
- Mitigation of Criminal Conduct After Significant Time Has Passed
- Successful Rehabilitation Demonstrated Through Stable Employment and Financial Responsibility
- Consideration of the Whole-person Concept in Security Clearance Decisions