Summary
A 40-year-old government contractor was denied a security clearance under Guideline J (Criminal Conduct) due to a history of arrests and convictions spanning a seven-year period. The Statement of Reasons detailed three specific incidents. The first involved charges of Possession of Less Than 1 Ounce Marijuana and Fighting in Public, to which the applicant pled guilty to Fighting in Public, with the marijuana charge dismissed.
The second incident, in September 2005, resulted in charges of Driving Under the Influence Alcohol/Drugs and Driving Under the Influence with 0.08% or Higher Blood Alcohol, for which a jury found the applicant guilty. Most recently, the applicant faced charges including Carrying a Loaded Firearm on One’s Person, two counts of Drawing or Exhibiting Firearm, Disturbing the Peace by Fighting, and Resisting an Officer. The applicant pled guilty to Carrying a Loaded Firearm on One’s Person and Resisting an Officer, with other counts dismissed.
Disqualifying conditions under AG ¶ 31(a) and AG ¶ 31(c) were raised, while mitigating conditions AG ¶ 32(a) and AG ¶ 32(d) were applied. Despite presenting character references and evidence of employment, the judge determined that the applicant's long history of criminal conduct, including recent serious offenses, demonstrated poor judgment and a disregard for laws. Insufficient evidence of rehabilitation or a low likelihood of future criminal conduct led to the denial of the security clearance.
Why the Applicant Was Denied
- The applicant has a long history of criminal conduct, including multiple arrests and convictions over a seven-year period.
- The applicant's most recent conviction involved serious offenses that demonstrated poor judgment and disregard for laws.
- The applicant failed to provide sufficient evidence of rehabilitation or that future criminal conduct is unlikely to recur.
Conditions Referenced
- AG ¶ 31(a)raisedA Single Serious Crime or Multiple Lesser Offenses
- AG ¶ 31(c)raisedAllegation or Admission of Criminal Conduct
- AG ¶ 32(a)rejectedTime Elapsed Since Criminal BehaviorThe passing of time does not mitigate the applicant's lack of judgment.
- AG ¶ 32(d)rejectedEvidence of Successful RehabilitationThe applicant has not demonstrated sufficient evidence of rehabilitation.
Key Rule Quoted
“Criminal activity creates doubt about a person’s judgment, reliability, and trustworthiness.”
Procedural Posture
- SOR issuedJan 19, 2011
- Answer filedFeb 7, 2011
- Hearing heldApr 4, 2011
- Decision dateMay 25, 2011
Cite For
- Evaluation of Criminal Conduct Under Guideline J
- Insufficient Evidence of Rehabilitation Leading to Denial
- Impact of Multiple Criminal Offenses on Security Clearance Eligibility