Summary
A 28-year-old engineer was granted a security clearance despite concerns under Guideline J (Criminal Conduct) related to past marijuana use and minor offenses committed during high school and college. The Statement of Reasons detailed that the applicant bought and used marijuana during these periods and was arrested and convicted of several minor offenses, including marijuana possession and public drunkenness, while in college. However, the record indicated no other arrests or involvement with illegal activity since 2010.
The applicant successfully mitigated these concerns by demonstrating five years of abstinence from marijuana use and other criminal activity. He voluntarily disclosed his past drug use and criminal history in his application. Further evidence of rehabilitation was shown through his educational achievements, including graduating high school in 2004 and earning an undergraduate degree in 2011, as well as stable employment.
The judge determined that the applicant's demonstrated reliability and good judgment, coupled with his commitment to education and professional development, warranted the granting of the security clearance.
Why the applicant prevailed
- The applicant has not used marijuana or engaged in criminal activity for the past five years.
- He voluntarily disclosed his past drug use and criminal history in his security clearance application.
- The applicant has shown evidence of rehabilitation through education and stable employment.
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(a)appliedSo Much Time Has Elapsed Since the Criminal Behavior Happened, or It Happened Under Such Unusual Circumstances That It Is Unlikely to Recur or Does Not Cast Doubt on the Individual's Reliability, Trustworthiness, or Good Judgment
- AG ¶ 31(d)appliedThere Is Evidence of Successful Rehabilitation; Including but Not Limited to the Passage of Time Without Recurrence of Criminal Activity, Remorse or Restitution, Job Training or Higher Education, Good Employment Record, or Constructive Community Involvement
Key rule quoted
“A person who seeks access to classified information enters into a fiduciary relationship with the Government predicated upon trust and confidence.”
Procedural posture
- SOR issuedJun 10, 2014
- Answer filedJul 3, 2014Applicant waived his right to a hearing.
- Hearing held—No hearing was conducted.
- Decision dateMar 16, 2015
Cite for
- Mitigation of Criminal Conduct Under Guideline J After a Significant Period of Abstinence
- Importance of Voluntary Disclosure in Security Clearance Cases
- Application of the Whole-person Concept in Evaluating Eligibility for Security Clearance