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Summary

The applicant, a 45-year-old principal information assurance engineer, faced security clearance denial under Guidelines E (Personal Conduct), F (Financial Considerations), and J (Criminal Conduct) due to a history of multiple arrests and significant unpaid debts. The judge found that the applicant's criminal conduct raised doubts about his judgment and reliability, and his financial issues indicated a lack of self-control and poor judgment.

Under Guideline E (Personal Conduct), Guideline F (Financial Considerations), and Guideline J (Criminal Conduct), the Statement of Reasons alleged the following: In his September 2004 application for a public trust position, Applicant listed his 2002 arrest, but not the 2001 arrest. He testified that he did not remember it (2.a). On his November 2007 security clearance application, Applicant failed to disclose the six criminal offenses that had occurred in the previous seven years (2.b). In his security interview one month later, Applicant was asked if he had been arrested, charged, or convicted of any offenses in the previous seven years. He stated that he had not (2.c). On the 2007 and 2009 applications, Applicant also stated that he had received a degree in 1989 from the university he attended. He testified that he knew when he completed the application that he had not received a diploma because he had not paid his outstanding balance to the school (2.d). Applicant contends that he made these assertions because he believed he had not been convicted on any of the charges (2.e). At his security interview in 2009, Applicant stated he did not list four criminal charges (1994, 2001, 2004, and September 2006) on his security application because he misunderstood or misinterpreted the questions, and he also forgot them (2.f). At the hearing, Applicant again gave conflicting explanations about why he did not list the criminal charges in his security clearance applications (2.g). Applicant also stated that he did not report the DUIs because he only paid a fine and was not convicted (2.h). State tax lien, $1,556 (3.a). Auto loans (2) totaling $20,216 (3.b). Auto loans (2) totaling $20,216 (3.c). Utility, $516 (3.d). Medical, $61 (3.e). Local government debt, $60 (3.f). Unknown judgment, $835 (3.g). Unknown debt, $3,998 (3.h). Local government debts (4), totaling $310 (3.i). Local government debts (4), totaling $310 (3.j). Local government debts (4), totaling $310 (3.k). Local government debts (4), totaling $310 (3.l). Applicant was arrested on a charge of Driving Under the Influence of Alcohol (DUI) in state A in 1994. At the hearing, he stated that he was not convicted, but he paid a fine, and charges were dismissed (1.a). Applicant was arrested on April 15, 2001 for Driving While Intoxicated (Liquor/Drugs) in state B. At the hearing, he admitted being charged with DUI in 2001 (1.b). Applicant was charged with DUI in state C in May 2002. This offense is not alleged in the SOR (1.c). Applicant was charged with Disorderly Conduct and Offensive Touching in November 2004. He was arrested and spent several hours in jail. At court in 2005, his girlfriend did not appear, and charges were dismissed (1.d). On May 22, 2005, Applicant was arrested on a charge of Disorderly Conduct. He pled guilty and was convicted on August 17, 2009. He was fined a total of $287 (1.e). On August 3, 2006, Applicant was arrested on charges of Failure to Answer a Summons and Offensive Touching. He pled guilty to Offensive Touching and was found guilty (1.f). In September 2006, Applicant was charged with Filing a False Police Report after he reported his car stolen. He pled No Contest and paid court costs (1.g).

The judge denied the clearance. The government raised disqualifying conditions AG ¶ 19(a), AG ¶ 19(c), AG ¶ 31(a). The decision turned on the following: The applicant had multiple arrests for criminal conduct, including DUIs, which raised concerns about his judgment and reliability; The applicant admitted to significant delinquent debts totaling over $27,000, indicating an inability to manage financial obligations; The applicant provided false information on security clearance applications regarding his criminal history and educational background.

Why the Applicant Was Denied

• The applicant had multiple arrests for criminal conduct, including DUIs, which raised concerns about his judgment and reliability.
• The applicant admitted to significant delinquent debts totaling over $27,000, indicating an inability to manage financial obligations.
• The applicant provided false information on security clearance applications regarding his criminal history and educational background.

Conditions Referenced

Key Rule Quoted

“A security clearance decision is intended only to resolve whether it is clearly consistent with the national interest for an applicant to either receive or continue to have access to classified information.”

Procedural Posture

• SOR issuedApr 22, 2011
• Answer filedJul 11, 2011Second Answer submitted after initial undated response.
• Hearing heldAug 3, 2011
• Decision dateSep 27, 2011

Cite For

• Denial Based on Multiple Arrests Under Guideline J
• Financial Irresponsibility Under Guideline F
• False Statements on Security Clearance Applications Under Guideline E