Summary
A 26-year-old production technician was granted a security clearance despite concerns under Guideline H (Drug Involvement) and Guideline J (Criminal Conduct). The Statement of Reasons detailed multiple instances of marijuana use and possession between 2004 and September 2008, including arrests on August 5, 2005, June 5, 2006, and September 5, 2008, for possession of marijuana/hash and drug paraphernalia.
The judge found that the applicant successfully mitigated these concerns. Key factors included the applicant's complete abstinence from marijuana since September 2008 and his expressed remorse for past actions. He demonstrated significant lifestyle changes, including disassociating from drug-using peers and environments.
Furthermore, the applicant maintained stable employment with a strict zero-tolerance drug policy and had consistently passed multiple drug tests. His employer and community also provided evidence of his rehabilitation and support. Based on these mitigating factors, the security clearance was granted.
Why the Applicant Prevailed
- The applicant has not used marijuana since September 2008 and expressed remorse for past behavior.
- He has made significant lifestyle changes, including moving away from drug-using associates and environments.
- The applicant has a stable job with a zero-tolerance drug policy and has passed multiple drug tests.
Conditions Referenced
- H.25.araisedAny Drug Abuse
- H.25.braisedTesting Positive for Illegal Drug Use
- H.25.craisedIllegal Drug Possession, Including Cultivation, Processing, Manufacture, Purchase, Sale, or Distribution; or Possession of Drug Paraphernalia
- J.31.araisedA Single Serious Crime or Multiple Lesser Offenses
- J.31.craisedAllegation or Admission of Criminal Conduct, Regardless of Whether the Person Was Formally Charged, Formally Prosecuted or Convicted
- H.26.aappliedThe Behavior Happened so Long Ago, Was so Infrequent, or Happened Under Such Circumstances That It Is Unlikely to Recur or Does Not Cast Doubt on the Individual’s Current Reliability, Trustworthiness, or Good Judgment
- H.26.bappliedA Demonstrated Intent Not to Abuse Any Drugs in the Future, Such As: (1) Disassociation From Drug-using Associates and Contacts; (2) Changing or Avoiding the Environment Where Drugs Were Used; (3) an Appropriate Period of Abstinence; (4) a Signed Statement of Intent with Automatic Revocation of Clearance for Any Violation
- J.32.aappliedSo Much Time Has Elapsed Since the Criminal Behavior Happened, or It Happened Under Such Unusual Circumstances That It Is Unlikely to Recur and Does Not Cast Doubt on the Individual’s Reliability, Trustworthiness, or Good Judgment
- J.32.dappliedThere Is Evidence of Successful Rehabilitation; Including but Not Limited to the Passage of Time Without Recurrence of Criminal Activity, Remorse or Restitution, Job Training or Higher Education, Good Employment Record, or Constructive Community Involvement
Key Rule Quoted
“The protection of the national security is the paramount consideration.”
Procedural Posture
- SOR issuedNov 11, 2010
- Answer filedDec 15, 2010
- Hearing heldApr 27, 2011
- Decision dateMay 20, 2011
Cite For
- Mitigation of Drug Involvement Under Guideline H Due to Significant Lifestyle Changes
- Successful Rehabilitation in the Context of Criminal Conduct Under Guideline J
- The Importance of a Stable Employment Environment in Security Clearance Decisions