Summary
A 36-year-old asset management technician was denied a security clearance due to concerns under Guideline E (Personal Conduct) and Guideline J (Criminal Conduct). The applicant's history included multiple arrests and convictions for offenses such as driving while intoxicated (DWI), disorderly conduct, felony credit card theft and forgery, possession of marijuana, felony hit and run with personal injury, and numerous instances of driving on a suspended or revoked license, reckless driving, and speeding. Other charges included destruction of property, no driver's license, and an open alcohol container.
The judge determined that the applicant's extensive criminal history, coupled with his failure to fully disclose these offenses on his security clearance application, raised significant doubts about his reliability and trustworthiness. Specific disqualifying conditions cited included a pattern of criminal conduct, a history of dishonest conduct, and a demonstrated lack of judgment.
While mitigating conditions were considered, the judge ultimately found that the applicant's recent DWI arrest and overall pattern of conduct indicated a lack of good judgment and trustworthiness, leading to the denial of his security clearance.
Why the Applicant Was Denied
- The applicant had a history of multiple arrests and convictions, including serious offenses.
- The applicant failed to fully disclose his criminal history on his security clearance application, raising questions of candor and reliability.
- The applicant's recent DWI arrest and pattern of conduct indicated a lack of good judgment and trustworthiness.
Conditions Referenced
- AG ¶ 16(a)raisedDeliberate Omission, Concealment, or Falsification of Relevant Facts From Any Personnel Security Questionnaire
- AG ¶ 16(c)appliedCredible Adverse Information in Several Adjudicative Issue Areas
- AG ¶ 16(e)appliedPersonal Conduct That Creates a Vulnerability to Exploitation, Manipulation, or Duress
- AG ¶ 31(a)appliedA Single Serious Crime or Multiple Lesser Offenses
- AG ¶ 31(c)appliedAllegation or Admission of Criminal Conduct, Regardless of Whether the Person Was Formally Charged, Formally Prosecuted, or Convicted
- AG ¶ 17(a)appliedPrompt, Good-faith Efforts to Correct the Omission, Concealment, or Falsification Before Being Confronted with the Facts
- AG ¶ 17(c)rejectedThe Offense Is so Minor, or so Much Time Has Passed, or the Behavior Is so Infrequent, or It Happened Under Such Unique Circumstances That It Is Unlikely to Recur
- AG ¶ 17(d)rejectedAcknowledgment of the Behavior and Obtained Counseling to Change the Behavior
- AG ¶ 17(e)appliedPositive Steps to Reduce or Eliminate Vulnerability to Exploitation, Manipulation, or Duress
Key Rule Quoted
“Eligibility for a security clearance is predicated upon the applicant meeting the criteria contained in the AG.”
Procedural Posture
- SOR issuedSep 13, 2010
- Answer filedSep 17, 2010Applicant answered the SOR in an undated document.
- Hearing heldDec 1, 2010
- Decision dateFeb 7, 2011
Cite For
- Issues of Candor and Reliability in Security Clearance Applications
- Impact of Multiple Criminal Offenses on Security Clearance Eligibility
- Mitigation of Security Concerns Based on Personal Conduct and Criminal History