Summary
A 35-year-old defense contractor employee was granted a security clearance despite concerns under Guideline J (Criminal Conduct) stemming from a history of arrests and convictions. The Statement of Reasons detailed several incidents, beginning in August 1993 with an arrest for firearm-related and disorderly conduct charges, which were dismissed. In September 1993, the applicant pleaded guilty to distribution of a controlled substance.
Subsequent incidents included a January 1996 guilty plea to multiple charges, including unarmed robbery and assault with a dangerous weapon, resulting in a two-year incarceration with 18 months suspended. In May 1996, the applicant pleaded guilty to unarmed burglary and assault and battery on a police officer, serving 68 months of a four-to-six-year sentence. In November 2003, the applicant pleaded guilty to leaving the scene of an accident and resisting arrest following a DUI arrest. An August 2007 arrest for assault and battery with a dangerous weapon was dismissed after it was determined the applicant was not involved.
The judge ultimately granted the clearance, finding that the applicant had demonstrated significant rehabilitation. This included a period of over seven years without criminal conduct, establishing a reputation for reliability in his employment since August 2009, and evidence of successful rehabilitation through educational programs completed during incarceration and a stable personal life.
Why the Applicant Prevailed
- The applicant demonstrated a significant period of time without any criminal conduct, with his last offense occurring over seven years prior to the decision.
- He established a reputation for reliability and trustworthiness in his current employment since August 2009.
- The applicant showed evidence of successful rehabilitation, including completing educational programs while incarcerated and maintaining a stable personal life.
Conditions Referenced
- AG ¶ 31(a)raisedA Single Serious Crime or Multiple Lesser Offenses
- AG ¶ 31(c)raisedAllegation or Admission of Criminal Conduct, Regardless of Whether the Person Was Formally Charged, Formally Prosecuted, or Convicted
- AG ¶ 31(e)raisedViolation of Parole or Probation
- AG ¶ 31(f)raisedConviction in a Federal or State Court, Including a Court-martial of a Crime, Sentenced to Imprisonment for a Term Exceeding One Year and Incarcerated as a Result of That Sentence for Not Less Than a Year
- AG ¶ 32(a)appliedSo 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
- AG ¶ 32(c)appliedThe Person Did Not Commit the Offense
- AG ¶ 32(d)appliedEvidence 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
“Eligibility for a security clearance is predicated upon the applicant meeting the criteria contained in the AG.”
Procedural Posture
- SOR issuedJul 7, 2010
- Answer filedJul 12, 2010
- Hearing heldSep 21, 2010
- Decision dateDec 20, 2010
Cite For
- Mitigation of Criminal Conduct Under Guideline J Due to Significant Time Elapsed Since Last Offense
- Successful Rehabilitation Evidenced by Employment and Personal Development
- Consideration of the Whole-person Concept in Security Clearance Determinations