Summary
A 44-year-old male applicant was denied a public trust position due to concerns under Guideline E (Personal Conduct) and Guideline J (Criminal Conduct). The denial stemmed from a 20-year history of criminal behavior and the deliberate omission of material information regarding this history on his SF 85P and Optional Form 306.
The applicant failed to explain why he omitted arrests and convictions from his application forms in February 2009 and May 2010, though he provided brief explanations of the offenses themselves. His criminal record included charges such as possession of stolen property (December 1986), carrying an illegal weapon and resisting arrest (February 1987), marijuana possession with intent to distribute (June 1988), armed robbery (October 1988), two counts of battery (February 1993), DUI (November 1993 and January 2006), multiple marijuana possession charges (November 1994, November 1996, February 2005), being a fugitive from justice (October 2001), operating a motor vehicle without a license (February 2005), and driving with a suspended or revoked license (March 2007).
Despite a good work record since 2008, the judge found that the applicant's repeated disregard for the law and probation, coupled with the deliberate omissions on his application, raised significant doubts about his reliability and trustworthiness. The passage of time and his work history were deemed insufficient to mitigate these concerns, leading to the denial of his public trust position.
Why the Applicant Was Denied
- Applicant had a 20-year history of criminal behavior.
- Applicant deliberately omitted material information from his Public Trust Position Application (SF 85P).
- The passage of time and good work record were insufficient to mitigate concerns about reliability and trustworthiness.
Conditions Referenced
- AG ¶ 16(a)appliedDeliberate Omission, Concealment or Falsification of Relevant Facts
- AG ¶ 16(d)appliedCredible Adverse Information Not Explicitly Covered Under Other Guidelines
- AG ¶ 31(a)appliedA Single Serious Crime or Multiple Lesser Offenses
- AG ¶ 31(c)appliedAllegation or Admission of Criminal Conduct
Key Rule Quoted
“A person who seeks a public trust position enters into a fiduciary relationship with the government predicated upon trust and confidence.”
Procedural Posture
- SOR issuedOct 13, 2010
- Answer filedNov 15, 2010
- Hearing heldJul 20, 2011
- Decision dateOct 26, 2011
Cite For
- Deliberate Omission of Material Information Under Guideline E
- Pattern of Criminal Conduct Under Guideline J
- Insufficient Mitigation of Past Criminal Behavior Affecting Trustworthiness