ISCR Case 10-09117.h1

Case Headnote

ISCR Case No. 10-09117.h1

deniedJun 7, 2012· Hon. Roger C. Wesley· hearing

Summary

A 50-year-old fire watch for a defense contractor was denied a security clearance due to concerns under Guideline E (Personal Conduct) and Guideline J (Criminal Conduct). The applicant's Statement of Reasons detailed nine arrests and charges between October 1987 and December 2000, many of which were drug-related felonies. These included convictions for larceny of Government property, possession for sale of cocaine, selling a controlled narcotic substance, illegal possession of a narcotic, possession of a firearm by a felon, and another charge of selling a controlled narcotic substance.

The applicant also faced an allegation of falsifying his June 2010 security clearance application by omitting all of his arrests, charges, and convictions. While he mitigated the personal conduct concerns by demonstrating no intent to falsify the application, the extensive and severe nature of his criminal conduct remained a significant issue.

Ultimately, the security clearance was denied because the applicant's criminal history, spanning 14 years with multiple arrests and felony convictions, was deemed too recent and serious. This raised substantial doubts about his judgment, reliability, and trustworthiness, outweighing any mitigating factors presented.

Why the Applicant Was Denied

The applicant had a significant history of criminal conduct, including multiple arrests and felony convictions over a 14-year period.
The severity of the applicant's offenses and their recurrence raised substantial doubts about his judgment, reliability, and trustworthiness.
The applicant's criminal history was deemed too recent and serious to warrant a security clearance despite some mitigating factors.

Conditions Referenced

Disqualifying

DC ¶ 31(c)raisedAllegation or Admission of Criminal Conduct
DC ¶ 31(e)raisedViolation of Parole or Probation
DC ¶ 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

Mitigating

MC ¶ 32(a)appliedTime Elapsed Since Criminal BehaviorThe applicant demonstrated some rehabilitation due to the time elapsed since his last conviction.
MC ¶ 32(d)appliedEvidence of Successful RehabilitationThe applicant showed evidence of personal development and positive contributions to his community.
MC ¶ 17(a)appliedPrompt, Good-faith Efforts to Correct OmissionsThe applicant's explanations for omissions in his e-QIP were accepted as honest and not deliberate.

Key Rule Quoted

“A decision to grant or continue an applicant's security clearance may be made only upon a threshold finding that to do so is clearly consistent with the national interest.”
— Exec. Or. 10865

Procedural Posture

SOR issuedFeb 3, 2012
Answer filedFeb 16, 2012
Hearing heldMay 9, 2012
Decision dateJun 7, 2012

Cite For

Evaluation of Criminal Conduct Under Guideline J
Mitigation of Personal Conduct Concerns Under Guideline E
Consideration of Time Elapsed Since Criminal Behavior in Security Clearance Determinations

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	Falsified material facts in the security clearance application he completed in June 2010, by omitting all of his arrests, charges, and convictions.	For Applicant	Falsification Security FormNOT DELIBERATE	Criminal Conduct	Admitted	—	—	—
2.b–2.c	2 sub-charges — specific text not stated in this decision (for the applicant). (low confidence)	For Applicant		—		—	—	—

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

2.a

Falsified material facts in the security clearance application he completed in June 2010, by omitting all of his arrests, charges, and convictions.

For Applicant

Falsification Security FormNOT DELIBERATE

Criminal Conduct

Admitted

—

2.b–2.c

2 sub-charges — specific text not stated in this decision (for the applicant). (low confidence)

For Applicant

—

¶	Allegation	Finding	Offense	Criminal disposition	Response	Disqualifying (¶31)	Mitigating applied (¶32)	Mitigation
1.a	Applicant was charged or arrested on multiple occasions (nine in all) between October 1987 and December 2000 for assorted charges (many drug-related offenses).	Against Applicant	Multiple Arrests Pattern	Conduct No Charge	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability (c) currently on parole or probation (e) discharge or dismissal from the Armed Forces under less than honorable conditions (d) violation of parole/probation or failure to complete a court program	—	—
1.b	Applicant was arrested in October 1987 for false representation of an officer. These charges were dismissed.	Against Applicant	Unspecified Criminal Conduct	Dismissed or Nolle Prossed	Admitted	(c) currently on parole or probation	—	—
1.c	In December 1987, he was arrested and convicted of larceny of Government property and sentenced to one year probation.	Against Applicant	Theft or Larceny	Convicted	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability (c) currently on parole or probation (e) discharge or dismissal from the Armed Forces under less than honorable conditions	—	—
1.d	He was arrested in March 1989 for possession of a controlled substance (a felony) and under the influence of a controlled substance. He was ordered to enter and complete a drug diversion program. Both charges were dismissed after he completed a drug diversion program.	Against Applicant	Drug Related Criminal Charge	Dismissed or Nolle Prossed	Admitted	(c) currently on parole or probation	—	—
1.e	In July 1990, Applicant was arrested for possession for sale of cocaine base (a felony) and possession of a controlled substance. He was convicted of possession for sale of cocaine and sentenced to three years of supervised probation and 120 days in jail.	Against Applicant	Drug Related Criminal Charge	Convicted	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability (c) currently on parole or probation (e) discharge or dismissal from the Armed Forces under less than honorable conditions	—	—
1.f	Applicant was charged in September 1991 with sell/furnish a controlled narcotic substance (a felony). He pled guilty to the charge and was sentenced to three years confinement with credit for 153 days time served and ordered to pay a restitution fine of $100.	Against Applicant	Drug Related Criminal Charge	Convicted	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability (c) currently on parole or probation (e) discharge or dismissal from the Armed Forces under less than honorable conditions	—	—
1.g	In April 1994, Applicant was arrested and charged with illegal possession of a narcotic (a felony). He pled guilty to this charge and was sentenced to two years confinement with credit for 16 months of confinement and credit for 20 days time served, to run concurrent with a prior parole violation.	Against Applicant	Drug Related Criminal Charge	Convicted	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability (c) currently on parole or probation (e) discharge or dismissal from the Armed Forces under less than honorable conditions	—	—
1.h	Applicant was charged in January 1995 with possession of a firearm by a felon (a felony), pled guilty, and was sentenced to two years time served, to run consecutively with a prior offense.	Against Applicant	Weapons Offense	Convicted	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability (c) currently on parole or probation (e) discharge or dismissal from the Armed Forces under less than honorable conditions	—	—
1.i	In March 1996, Applicant was charged with sell/furnish a controlled narcotic substance (a felony), and possession for sale of cocaine base (a felony). He pled guilty to the first charge and was sentenced to seven years in state prison, with credit for 145 days served.	Against Applicant	Drug Related Criminal Charge	Convicted	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability (c) currently on parole or probation (e) discharge or dismissal from the Armed Forces under less than honorable conditions	—	—

Allegation

Finding

Offense

Criminal disposition

Response

Disqualifying (¶31)

Mitigating applied (¶32)

Mitigation

1.a

Applicant was charged or arrested on multiple occasions (nine in all) between October 1987 and December 2000 for assorted charges (many drug-related offenses).

Against Applicant

Multiple Arrests Pattern

Conduct No Charge

Admitted

(a) pattern of minor offenses casting doubt on judgment/reliability

(c) currently on parole or probation

(e) discharge or dismissal from the Armed Forces under less than honorable conditions

(d) violation of parole/probation or failure to complete a court program

—

1.b

Applicant was arrested in October 1987 for false representation of an officer. These charges were dismissed.

Against Applicant

Unspecified Criminal Conduct

Dismissed or Nolle Prossed

Admitted

(c) currently on parole or probation

—

1.c

In December 1987, he was arrested and convicted of larceny of Government property and sentenced to one year probation.

Against Applicant

Theft or Larceny

Convicted

Admitted

(a) pattern of minor offenses casting doubt on judgment/reliability

(c) currently on parole or probation

(e) discharge or dismissal from the Armed Forces under less than honorable conditions

—

1.d

He was arrested in March 1989 for possession of a controlled substance (a felony) and under the influence of a controlled substance. He was ordered to enter and complete a drug diversion program. Both charges were dismissed after he completed a drug diversion program.

Against Applicant

Drug Related Criminal Charge

Dismissed or Nolle Prossed

Admitted

(c) currently on parole or probation

—

1.e

In July 1990, Applicant was arrested for possession for sale of cocaine base (a felony) and possession of a controlled substance. He was convicted of possession for sale of cocaine and sentenced to three years of supervised probation and 120 days in jail.

Against Applicant

Drug Related Criminal Charge

Convicted

Admitted

(a) pattern of minor offenses casting doubt on judgment/reliability

(c) currently on parole or probation

(e) discharge or dismissal from the Armed Forces under less than honorable conditions

—

1.f

Applicant was charged in September 1991 with sell/furnish a controlled narcotic substance (a felony). He pled guilty to the charge and was sentenced to three years confinement with credit for 153 days time served and ordered to pay a restitution fine of $100.

Against Applicant

Drug Related Criminal Charge

Convicted

Admitted

(a) pattern of minor offenses casting doubt on judgment/reliability

(c) currently on parole or probation

(e) discharge or dismissal from the Armed Forces under less than honorable conditions

—

1.g

In April 1994, Applicant was arrested and charged with illegal possession of a narcotic (a felony). He pled guilty to this charge and was sentenced to two years confinement with credit for 16 months of confinement and credit for 20 days time served, to run concurrent with a prior parole violation.

Against Applicant

Drug Related Criminal Charge

Convicted

Admitted

(a) pattern of minor offenses casting doubt on judgment/reliability

(c) currently on parole or probation

(e) discharge or dismissal from the Armed Forces under less than honorable conditions

—

1.h

Applicant was charged in January 1995 with possession of a firearm by a felon (a felony), pled guilty, and was sentenced to two years time served, to run consecutively with a prior offense.

Against Applicant

Weapons Offense

Convicted

Admitted

(a) pattern of minor offenses casting doubt on judgment/reliability

(c) currently on parole or probation

(e) discharge or dismissal from the Armed Forces under less than honorable conditions

—

1.i

In March 1996, Applicant was charged with sell/furnish a controlled narcotic substance (a felony), and possession for sale of cocaine base (a felony). He pled guilty to the first charge and was sentenced to seven years in state prison, with credit for 145 days served.

Against Applicant

Drug Related Criminal Charge

Convicted

Admitted

(a) pattern of minor offenses casting doubt on judgment/reliability

(c) currently on parole or probation

(e) discharge or dismissal from the Armed Forces under less than honorable conditions

—

Loading case…

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

FORMAL FINDINGS

CONCLUSION