Summary
A 48-year-old male applicant, with prior military service and defense contracting experience, was denied a security clearance under Guideline D (Sexual Behavior) and Guideline J (Criminal Conduct). The denial stemmed from a 2004 incident where the applicant engaged in indecent sexual contact with his goddaughter, a minor. This led to his arrest, conviction for aggravated assault of a minor and indecency with a child by sexual contact, and a sentence that was upheld on appeal in 2011.
As a result of the conviction, the applicant is required to register as a sexual offender for life in his state of residence. At the time of the decision, he remained on probation until 2021 and had not participated in any sexual offender treatment programs.
The judge determined that the applicant failed to mitigate the security concerns. His continued denial of wrongdoing undermined his credibility and demonstrated a lack of rehabilitation efforts, leading to the denial of his security clearance.
Why the Applicant Was Denied
- The applicant was convicted of aggravated assault of a minor and indecency with a child, requiring him to register as a sexual offender for life.
- The applicant remains on probation until 2021 and has not participated in any sexual offender treatment program.
- The applicant continues to deny wrongdoing, which undermines his credibility and efforts toward rehabilitation.
Conditions Referenced
- J30raisedCriminal Conduct Creates Doubt About an Applicant’s Judgment, Reliability, and Trustworthiness.
- J31(a)appliedA Single Serious Crime or Multiple Lesser Offenses.
- J31(d)appliedThe Individual Is Currently on Probation.
- D13(a)appliedSexual Behavior of a Criminal Nature, Whether or Not the Individual Has Been Prosecuted.
- J32(a)rejectedSo Much Time Has Elapsed Since the Criminal Behavior Happened, or It Happened Under Such Unusual Circumstances That It Is Unlikely to Recur.The nature of the criminal acts against a minor and the applicant's position of trust do not support this condition.
- J32(c)rejectedEvidence That the Person Did Not Commit the Offense.The applicant was convicted by a jury and has not provided evidence to support his claims of innocence.
- J32(d)rejectedEvidence of Successful Rehabilitation.The applicant has not taken steps toward rehabilitation, including admitting wrongdoing or participating in treatment.
- D14(b)rejectedThe Sexual Behavior Happened so Long Ago, so Infrequently, or Under Such Unusual Circumstances, That It Is Unlikely to Recur.The applicant's actions and ongoing probation raise doubts about his current reliability and judgment.
Key Rule Quoted
“Any doubt concerning personnel being considered for access to classified information will be resolved in favor of national security.”
Procedural Posture
- SOR issuedJul 3, 2013
- Answer filedJul 27, 2013
- Hearing heldJan 28, 2014
- Decision dateFeb 20, 2014
Cite For
- Denial of Security Clearance Due to Criminal Conduct Involving a Minor
- Impact of Ongoing Probation on Security Clearance Eligibility
- Lack of Rehabilitation Efforts in the Context of Serious Criminal Convictions