Summary
A 61-year-old former federal employee was denied a security clearance due to concerns under Guideline E (Personal Conduct), Guideline J (Criminal Conduct), and Guideline K (Handling Protected Information). The applicant's history included a 1995 manslaughter conviction resulting from a 1994 hit-and-run accident while intoxicated, which occurred during an alcohol-induced blackout. Additionally, he had two prior arrests and one conviction for drunk driving.
Further allegations noted that the applicant kept classified information in his briefcase without authorization from approximately 1992 until his arrest in 1994. Disqualifying conditions were raised under AG ¶ 31(a), AG ¶ 31(c), AG ¶ 34(b), and AG ¶ 34(g).
While the applicant demonstrated significant reform and rehabilitation since his release from prison in 2000, and mitigating conditions AG ¶ 32(a), AG ¶ 32(d), and AG ¶ 35(a) were applied, the severity of his past criminal conduct, including the manslaughter conviction and prior drunk driving arrests, ultimately outweighed these factors. The nature and seriousness of these actions undermined his trustworthiness and reliability, leading to the denial of his security clearance application.
Why the Applicant Was Denied
- The applicant's history of serious criminal conduct, including a manslaughter conviction, raised significant security concerns.
- Despite evidence of rehabilitation, the nature and seriousness of the applicant's past actions undermined his trustworthiness and reliability.
- The applicant's prior arrests for drunk driving contributed to doubts about his judgment and ability to safeguard classified information.
Conditions Referenced
- AG ¶ 31(a)raisedCriminal Conduct
- AG ¶ 31(c)raisedAdmission of Criminal Conduct
- AG ¶ 34(b)raisedStoring Classified Information in Unauthorized Locations
- AG ¶ 34(g)raisedFailure to Comply with Security Rules
- AG ¶ 32(a)rejectedTime Elapsed Since Criminal BehaviorThe applicant's criminal conduct was serious and recent enough to continue raising security concerns.
- AG ¶ 32(d)appliedEvidence of Successful RehabilitationThe applicant demonstrated significant reform and abstinence from alcohol since 1994.
- AG ¶ 35(a)rejectedTime Elapsed Since BehaviorThe severity of the applicant's past conduct outweighed the time elapsed since the incidents.
Key Rule Quoted
“the clearly consistent standard indicates that security clearance determinations should err, if they must, on the side of denials.”
Procedural Posture
- SOR issuedMay 6, 2010
- Answer filed—
- Hearing heldOct 13, 2010
- Decision dateJan 31, 2011
Cite For
- Serious Criminal Conduct Raises Security Concerns Under Guideline J
- Mitigating Factors Must Outweigh Disqualifying Factors for a Favorable Decision
- The Impact of Past Criminal Behavior on Current Security Clearance Eligibility