Summary
A 54-year-old defense contractor with a high school education was granted a security clearance despite concerns under Guideline F (Financial Considerations) and Guideline J (Criminal Conduct). The Statement of Reasons (SOR) detailed several allegations, including a Chapter 7 bankruptcy filing in 1997, which was discharged in 1998. The SOR also alleged an overdue mortgage account with Bank of America, though the applicant denied this, testifying that he engaged a credit counseling service in 2009 to renegotiate his home loan due to financial difficulties.
Regarding criminal conduct, the SOR cited a 1986 charge for Inflicting Corporal Injury on a Spouse/Cohabitant, which was rejected by the prosecutor. In 1993, the applicant was charged with Hit and Run property damage and Failure to report an accident, pleading Nolo Contendere to the latter and paying $136 in fines and fees. The first count was dismissed. A 2010 arrest for Loitering with intent to Commit Prostitution resulted in a Nolo Contendere plea, 36 months summary probation, 5 days community labor, an AIDS education class, and $170 in fines and restitution.
The judge found that the applicant had mitigated these concerns. His wife confirmed no violence in the alleged domestic incident, and the loitering plea was set aside and the case expunged. The applicant also demonstrated responsible financial management and significant progress in resolving his debts. Based on credible testimony and evidence of rehabilitation, the security clearance was granted.
Why the applicant prevailed
- The applicant's wife confirmed that no violence occurred during the alleged domestic incident, supporting the applicant's claims.
- The applicant's guilty plea for loitering was set aside and the case was expunged, indicating no ongoing criminal conduct.
- The applicant demonstrated responsible financial management and made significant progress in resolving his debts.
Conditions referenced
- AG ¶ 19(a)raisedInability or Unwillingness to Satisfy Debts
- AG ¶ 19(c)raisedHistory of Not Meeting Financial Obligations
- AG ¶ 31(a)raisedA Single Serious Crime or Multiple Lesser Offenses
- AG ¶ 31(c)raisedAllegations or Admissions of Criminal Conduct, Regardless of Whether the Person Was Formally Charged
- AG ¶ 20(b)appliedConditions That Resulted in the Financial Problem Were Largely Beyond the Person’s Control
- AG ¶ 20(d)appliedInitiated a Good-faith Effort to Repay Overdue Creditors or Otherwise Resolve Debts
- AG ¶ 32(a)appliedSo Much Time Has Elapsed Since the Criminal Conduct Happened That It Is Unlikely to Recur
- AG ¶ 32(c)appliedEvidence That the Person Did Not Commit the Offense
Key rule quoted
“The protection of the national security is the paramount consideration.”
Procedural posture
- SOR issuedOct 19, 2011
- Answer filedNov 16, 2011
- Hearing heldFeb 21, 2012Applicant requested to keep the record open until March 9, 2012.
- Decision dateMay 29, 2012
Cite for
- Mitigation of Criminal Conduct Under Guideline J Due to Expungement and Lack of Recidivism
- Financial Rehabilitation Efforts Under Guideline F
- Whole-person Concept Application in Security Clearance Decisions