Summary
A 50-year-old station mechanic was denied a security clearance due to concerns under Guidelines E (Personal Conduct), F (Financial Considerations), and J (Criminal Conduct). The applicant had a history of multiple misdemeanor convictions, primarily for DUI and assault, and failed to file his 2010 federal tax return.
Specific allegations included a July 1987 DUI conviction, a September 1991 misdemeanor riot charge that was dismissed, and February 1992 charges for assault and malicious mischief that were dismissed upon payment of damages. Further convictions included fourth-degree assault, another fourth-degree assault in April 2000, and a December 2009 guilty plea to harassment. In September 2010, the applicant was charged with DUI and refusal to take a breathalyzer, ultimately pleading guilty to DUI in January 2011. Additionally, the applicant owed approximately $1,800 on his 2010 federal tax return.
The denial was based on the applicant's five misdemeanor convictions, two of which occurred within the last five years, raising doubts about his judgment, reliability, and trustworthiness. His failure to file the 2010 tax return also indicated financial irresponsibility. The judge concluded that a longer period without criminal conduct was necessary before a security clearance could be granted.
Why the Applicant Was Denied
- The applicant had five misdemeanor-level convictions, including two in the last five years.
- The applicant's criminal conduct raised doubts about his judgment, reliability, and trustworthiness.
- The applicant failed to file his 2010 federal tax return, indicating financial irresponsibility.
Conditions Referenced
- JraisedCriminal Conduct
- EraisedPersonal Conduct
- FraisedFinancial Considerations
- JrejectedCriminal ConductAlthough the applicant expressed remorse and completed anger management, the recentness of his offenses and the pattern of behavior did not fully mitigate concerns.
- ErejectedPersonal ConductThe applicant's history of criminal conduct and failure to file taxes indicated a lack of reliability.
- FrejectedFinancial ConsiderationsThe applicant's failure to file his 2010 tax return and ongoing financial issues were significant concerns.
Key Rule Quoted
“Eligibility for a security clearance is predicated upon meeting the criteria contained in the adjudicative guidelines (AG).”
Procedural Posture
- SOR issuedSep 5, 2012
- Answer filedNov 14, 2012
- Hearing heldFeb 21, 2013via video teleconference
- Decision dateMar 22, 2013
Cite For
- Disqualifying Conditions Under Guidelines E, F, and J
- Impact of Multiple Misdemeanor Convictions on Security Clearance
- Importance of Time Elapsed Since Last Criminal Conduct for Mitigation