ISCR Case 10-02716.h1

Case Headnote

ISCR Case No. 10-02716.h1

deniedMay 30, 2012· Hon. Jennifer I. Goldstein· hearing

Summary

A 32-year-old defense contractor was denied a security clearance due to concerns under Guideline E (Personal Conduct) and Guideline J (Criminal Conduct). The applicant had a history of multiple arrests, including charges for marijuana possession and disturbing the peace in 1998, disorderly conduct and lewd acts in 2000, and several Driving Under the Influence (DUI) arrests between 2003 and 2006. His most recent arrest in 2007 was for driving with a suspended license.

While the applicant successfully mitigated the criminal conduct concerns by demonstrating a period of rehabilitation, he failed to mitigate the personal conduct concerns. This failure stemmed from his deliberate omission, concealment, and falsification of relevant facts on his security clearance application (e-QIP) regarding his criminal history. He also provided false or misleading information to officials and failed to make good faith efforts to correct these omissions.

The applicant's lack of candor and trustworthiness, as evidenced by his dishonest statements during the security clearance process, ultimately led to the denial of his application. The decision highlighted that his personal conduct created a vulnerability and raised doubts about his reliability and willingness to comply with regulations.

Why the Applicant Was Denied

The applicant provided false answers on his e-QIP regarding his criminal history.
He failed to demonstrate good faith efforts to correct his omissions or concealments.
The applicant's lack of candor raised doubts about his reliability and trustworthiness.

Conditions Referenced

Disqualifying

E2.A1appliedDeliberate Omission, Concealment, or Falsification of Relevant Facts
E2.B1appliedDeliberately Providing False or Misleading Information
E2.C1appliedCredible Adverse Information in Several Adjudicative Issue Areas
E2.E1appliedPersonal Conduct That Creates a Vulnerability to Exploitation
J2.A1raisedA Single Serious Crime or Multiple Lesser Offenses
J2.C1raisedAllegation or Admission of Criminal Conduct

Mitigating

J3.A1appliedSo Much Time Has Elapsed Since the Criminal Behavior
J3.D1appliedEvidence of Successful Rehabilitation

Key Rule Quoted

“Any doubt concerning personnel being considered for access to classified information will be resolved in favor of national security.”

Procedural Posture

SOR issuedOct 21, 2011
Answer filedFeb 16, 2012
Hearing heldApr 25, 2012
Decision dateMay 30, 2012

Cite For

Denial Based on Lack of Candor in Security Clearance Process
Mitigation of Criminal Conduct Due to Time Elapsed and Rehabilitation
Importance of Truthful Disclosures in Security Clearance Applications

Editorial summary generated for research. Not legal advice; not a prediction. Verify against the full decision before relying on any quoted language.

¶	Allegation	Finding	Conduct	Concealed Issue	Response	Disqualifying (¶16)	Mitigating applied (¶17)	Mitigation
2.a	deliberate omission, concealment, or falsification of relevant facts from any personnel security questionnaire, personal history statement, or similar form used to conduct investigations, determine employment qualifications, award benefits or status, determine security clearance eligibility or trustworthiness, or award fiduciary responsibilities	Against Applicant	Falsification Security FormFOUND DELIBERATE	Criminal Conduct	Denied	(a) deliberate omission, concealment, or falsification on a security form	—	—
2.b	deliberately providing false or misleading information concerning relevant facts to an employer, investigator, security official, competent medical authority, or other official government representative	Against Applicant	Lack of Candor in InterviewFOUND DELIBERATE	Criminal Conduct	Denied	(b) deliberately providing false information to an investigator or official	—	—
2.c	credible adverse information in several adjudicative issue areas that is not sufficient for an adverse determination under any other single guideline, but which, when considered as a whole, supports a whole-person assessment of questionable judgment, untrustworthiness, unreliability, lack of candor, unwillingness to comply with rules and regulations, or other characteristics indicating that the person may not properly safeguard protected information	Against Applicant	Pattern of Dishonesty or Rule Violations	—	Denied	—	—	—
2.d	personal conduct, or concealment of information about one’s conduct, that creates a vulnerability to exploitation, manipulation, or duress, such as engaging in activities which, if known, may affect the person’s personal, professional, or community standing	Against Applicant	Concealment Creating Coercion Vulnerability	—	Denied	—	—	—

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

2.a

deliberate omission, concealment, or falsification of relevant facts from any personnel security questionnaire, personal history statement, or similar form used to conduct investigations, determine employment qualifications, award benefits or status, determine security clearance eligibility or trustworthiness, or award fiduciary responsibilities

Against Applicant

Falsification Security FormFOUND DELIBERATE

Criminal Conduct

Denied

(a) deliberate omission, concealment, or falsification on a security form

—

2.b

deliberately providing false or misleading information concerning relevant facts to an employer, investigator, security official, competent medical authority, or other official government representative

Against Applicant

Lack of Candor in InterviewFOUND DELIBERATE

Criminal Conduct

Denied

(b) deliberately providing false information to an investigator or official

—

2.c

credible adverse information in several adjudicative issue areas that is not sufficient for an adverse determination under any other single guideline, but which, when considered as a whole, supports a whole-person assessment of questionable judgment, untrustworthiness, unreliability, lack of candor, unwillingness to comply with rules and regulations, or other characteristics indicating that the person may not properly safeguard protected information

Against Applicant

Pattern of Dishonesty or Rule Violations

—

Denied

—

2.d

personal conduct, or concealment of information about one’s conduct, that creates a vulnerability to exploitation, manipulation, or duress, such as engaging in activities which, if known, may affect the person’s personal, professional, or community standing

Against Applicant

Concealment Creating Coercion Vulnerability

—

Denied

—

¶	Allegation	Finding	Offense	Criminal disposition	Response	Disqualifying (¶31)	Mitigating applied (¶32)	Mitigation
1.a	In March 1998, Applicant was arrested and charged with Possession of Marijuana and Disturbing the Peace. Applicant testified that was not using marijuana at the time, but was observed by officers to be with his friend who was holding marijuana in his hand. Applicant was convicted of Disturbing the Peace and was ordered to pay a fine or perform community service. He was a senior in high school at the time of this arrest. Applicant performed community service and the drug possession charge was dismissed. (Tr. 37-39.)	For Applicant	Drug Related Criminal Charge	Convicted	Admitted	—	(a) so much time has passed, or unusual circumstances, that it is unlikely to recur (d) evidence of successful rehabilitation (time, restitution, employment, etc.)	—
1.b	In March 2000, Applicant was arrested and charged with Disorderly Conduct, Solicit, Lewd Act, and Indecent Exposure. At the time, he worked at the airport and was arrested after he was observed 'stroking [him]self' in the employee parking lot. He was convicted of Disorderly Conduct and placed on probation for one year and fined. He testified that he successfully completed the terms of his probation and the other charges were dismissed. (GE 2; Tr. 39-40.)	For Applicant	Unspecified Criminal Conduct	Convicted	Admitted	—	(a) so much time has passed, or unusual circumstances, that it is unlikely to recur (d) evidence of successful rehabilitation (time, restitution, employment, etc.)	—
1.c	In December 2003, Applicant was arrested and charged with Driving Under the Influence (DUI) Alcohol/Drugs and DUI Alcohol .08%. Applicant was arrested after accelerating too quickly at a traffic signal. He pled 'No Contest' to DUI Alcohol/Drugs and was placed on one year probation. Also, his driver’s license was suspended for three months, and he was ordered to attend a first offender DUI class. (GE 2; Tr. 40.)	For Applicant	DUI or DWI Criminal	Convicted	Admitted	—	(a) so much time has passed, or unusual circumstances, that it is unlikely to recur (d) evidence of successful rehabilitation (time, restitution, employment, etc.)	—
1.d	Applicant was arrested in June 2005 and charged with DUI Alcohol/Drugs. He was convicted, placed on 36 months of probation, and was ordered to attend an 18-month DUI program. Applicant testified that he has no recollection of this arrest. He denied this allegation in his Answer to the SOR. However, this arrest appears on Applicant’s Federal Bureau of Investigation record. (GE 2; GE 3; Tr. 41.)	For Applicant	DUI or DWI Criminal	Convicted	Denied	—	(a) so much time has passed, or unusual circumstances, that it is unlikely to recur (d) evidence of successful rehabilitation (time, restitution, employment, etc.)	—
1.e	In January 2006, Applicant was arrested and charged with DUI Alcohol/Drugs and Obstruct Public Officer. He pled No Contest to DUI. He was sentenced to one year probation and ordered to attend a second-offender DUI program for 18 months. (GE 2; Tr. 42-43.)	For Applicant	DUI or DWI Criminal	Convicted	Admitted	—	(a) so much time has passed, or unusual circumstances, that it is unlikely to recur (d) evidence of successful rehabilitation (time, restitution, employment, etc.)	—
1.f	Applicant was again arrested for DUI in July 2006. He pled 'No Contest' to DUI Alcohol .08%. He was sentenced to 30 days in jail, placed on two years of probation, his driver’s license was suspended for one year, and he was ordered to attend a second-offender 18-month DUI program. (GE 2; Tr. 43-44.)	For Applicant	DUI or DWI Criminal	Convicted	Admitted	—	(a) so much time has passed, or unusual circumstances, that it is unlikely to recur (d) evidence of successful rehabilitation (time, restitution, employment, etc.)	—
1.g	Applicant’s most recent arrest occurred in October 2007. He was charged with Driving with a Suspended License. Applicant was convicted of this charge, placed on 36 months of probation, fined, and ordered to serve 16 days in jail or perform community service. Applicant testified that an emergency caused him to drive that day, but he was unable to recall the nature of the emergency. (Tr. 45-50.)	For Applicant	Traffic Offense Pattern	Convicted	Admitted	—	(a) so much time has passed, or unusual circumstances, that it is unlikely to recur (d) evidence of successful rehabilitation (time, restitution, employment, etc.)	—

Allegation

Finding

Offense

Criminal disposition

Response

Disqualifying (¶31)

Mitigating applied (¶32)

Mitigation

1.a

In March 1998, Applicant was arrested and charged with Possession of Marijuana and Disturbing the Peace. Applicant testified that was not using marijuana at the time, but was observed by officers to be with his friend who was holding marijuana in his hand. Applicant was convicted of Disturbing the Peace and was ordered to pay a fine or perform community service. He was a senior in high school at the time of this arrest. Applicant performed community service and the drug possession charge was dismissed. (Tr. 37-39.)

For Applicant

Drug Related Criminal Charge

Convicted

Admitted

—

(a) so much time has passed, or unusual circumstances, that it is unlikely to recur

(d) evidence of successful rehabilitation (time, restitution, employment, etc.)

—

1.b

In March 2000, Applicant was arrested and charged with Disorderly Conduct, Solicit, Lewd Act, and Indecent Exposure. At the time, he worked at the airport and was arrested after he was observed 'stroking [him]self' in the employee parking lot. He was convicted of Disorderly Conduct and placed on probation for one year and fined. He testified that he successfully completed the terms of his probation and the other charges were dismissed. (GE 2; Tr. 39-40.)

For Applicant

Unspecified Criminal Conduct

Convicted

Admitted

—

(a) so much time has passed, or unusual circumstances, that it is unlikely to recur

(d) evidence of successful rehabilitation (time, restitution, employment, etc.)

—

1.c

In December 2003, Applicant was arrested and charged with Driving Under the Influence (DUI) Alcohol/Drugs and DUI Alcohol .08%. Applicant was arrested after accelerating too quickly at a traffic signal. He pled 'No Contest' to DUI Alcohol/Drugs and was placed on one year probation. Also, his driver’s license was suspended for three months, and he was ordered to attend a first offender DUI class. (GE 2; Tr. 40.)

For Applicant

DUI or DWI Criminal

Convicted

Admitted

—

(a) so much time has passed, or unusual circumstances, that it is unlikely to recur

(d) evidence of successful rehabilitation (time, restitution, employment, etc.)

—

1.d

Applicant was arrested in June 2005 and charged with DUI Alcohol/Drugs. He was convicted, placed on 36 months of probation, and was ordered to attend an 18-month DUI program. Applicant testified that he has no recollection of this arrest. He denied this allegation in his Answer to the SOR. However, this arrest appears on Applicant’s Federal Bureau of Investigation record. (GE 2; GE 3; Tr. 41.)

For Applicant

DUI or DWI Criminal

Convicted

Denied

—

(a) so much time has passed, or unusual circumstances, that it is unlikely to recur

(d) evidence of successful rehabilitation (time, restitution, employment, etc.)

—

1.e

In January 2006, Applicant was arrested and charged with DUI Alcohol/Drugs and Obstruct Public Officer. He pled No Contest to DUI. He was sentenced to one year probation and ordered to attend a second-offender DUI program for 18 months. (GE 2; Tr. 42-43.)

For Applicant

DUI or DWI Criminal

Convicted

Admitted

—

(a) so much time has passed, or unusual circumstances, that it is unlikely to recur

(d) evidence of successful rehabilitation (time, restitution, employment, etc.)

—

1.f

Applicant was again arrested for DUI in July 2006. He pled 'No Contest' to DUI Alcohol .08%. He was sentenced to 30 days in jail, placed on two years of probation, his driver’s license was suspended for one year, and he was ordered to attend a second-offender 18-month DUI program. (GE 2; Tr. 43-44.)

For Applicant

DUI or DWI Criminal

Convicted

Admitted

—

(a) so much time has passed, or unusual circumstances, that it is unlikely to recur

(d) evidence of successful rehabilitation (time, restitution, employment, etc.)

—

1.g

Applicant’s most recent arrest occurred in October 2007. He was charged with Driving with a Suspended License. Applicant was convicted of this charge, placed on 36 months of probation, fined, and ordered to serve 16 days in jail or perform community service. Applicant testified that an emergency caused him to drive that day, but he was unable to recall the nature of the emergency. (Tr. 45-50.)

For Applicant

Traffic Offense Pattern

Convicted

Admitted

—

(a) so much time has passed, or unusual circumstances, that it is unlikely to recur

(d) evidence of successful rehabilitation (time, restitution, employment, etc.)

—

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Case Profile

Summary

Why the Applicant Was Denied

Conditions Referenced

Key Rule Quoted

Procedural Posture

Cite For

Full decision

DEFENSE OFFICE OF HEARINGS AND APPEALS

HEARING

APPEARANCES

STATEMENT OF CASE

FINDINGS OF FACT

POLICIES

ANALYSIS

WHOLE PERSON CONCEPT

FORMAL FINDINGS

CONCLUSION