Summary
A 30-year-old design engineer was denied a security clearance under Guideline J (Criminal Conduct) due to a felony conviction for aggravated assault with serious bodily injury. In 2007, the applicant pleaded guilty to the felony and received deferred adjudication, resulting in ten years of community supervision. This supervision was ongoing at the time of the clearance decision and was set to continue until October 2017, unless terminated earlier by court order.
The Statement of Reasons specifically cited the 2007 guilty plea and the continuing community supervision as the basis for concern. Disqualifying conditions related to criminal conduct were raised, while mitigating conditions concerning the passage of time and the applicant's efforts toward rehabilitation were considered.
Ultimately, the judge found that the applicant failed to mitigate the security concerns. The denial was primarily based on the applicant's ongoing probationary status, the serious nature of the aggravated assault offense, and the court's decision not to release the applicant from supervision, which indicated continued concerns about his rehabilitation.
Why the Applicant Was Denied
- The applicant remains on community supervision, which impacts the ability to grant a clearance.
- The nature of the offense, aggravated assault, raises significant concerns about the applicant's judgment and reliability.
- The court has not deemed it appropriate to release the applicant from community supervision, indicating ongoing concerns about his rehabilitation.
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(d)raisedIndividual Is Currently on Parole or Probation
- AG ¶ 32(a)rejectedSo 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 JudgmentAlthough the incident occurred over five years ago, the applicant remains under community supervision.
- AG ¶ 32(d)rejectedThere Is Evidence of Successful RehabilitationThe ongoing community supervision undermines claims of successful rehabilitation.
Key Rule Quoted
“The protection of the interests of security is the paramount consideration.”
Procedural Posture
- SOR issuedFeb 22, 2011
- Answer filedMar 10, 2011
- Hearing heldJun 29, 2011
- Decision dateAug 10, 2011
Cite For
- Impact of Ongoing Community Supervision on Security Clearance Eligibility
- Seriousness of Criminal Conduct Under Guideline J
- Consideration of the Whole-person Concept in Security Clearance Decisions