Summary
A 33-year-old defense contractor employee was denied a security clearance under Guidelines E (Personal Conduct) and J (Criminal Conduct) due to a history of criminal behavior and a poor employment record. The judge determined that these issues raised significant doubts about the applicant's reliability and trustworthiness.
The Statement of Reasons detailed multiple criminal offenses. In October 2005, the applicant was fined $300 for riding a dirt bike on state property. This was followed by a January 2006 arrest and nolo contendere plea for reckless driving, resulting in six months of probation and a $300 fine. In March 2006, the applicant was arrested again, pleading nolo contendere to trespassing, failure to stop on oral law enforcement command, and another dirt bike violation, leading to one year of probation and a $300 fine. In 2010, the applicant was fined $500 after an arrest and nolo contendere plea for failure to stop on oral law enforcement command. A third citation for failure to stop on oral law enforcement command occurred in January 2011.
The most serious offense occurred in April 2011, when the applicant was arrested and pled guilty to assault on a person over 60 and trespassing. In January 2012, he received a 20-year prison sentence for assault and a one-year sentence for trespassing, both deferred for five years. The applicant remains on probation from this deferred sentence. The denial was based on the admitted criminal offenses, including the felony assault conviction, the ongoing probation, and a pattern of disruptive behavior and rule violations in his employment history.
Why the Applicant Was Denied
- Applicant admitted to multiple criminal offenses, including a felony conviction for assault and a history of rule violations at work.
- The applicant is currently on probation, which raises security concerns under Guideline J.
- The applicant's employment record reflects a pattern of disruptive behavior and rule violations, undermining his reliability.
Conditions Referenced
- J 31(a)raisedCriminal Conduct
- J 31(d)raisedCriminal Conduct
- E 16(d)raisedPersonal Conduct
Key Rule Quoted
“Conduct involving questionable judgment, lack of candor, dishonesty, or unwillingness to comply with rules and regulations can raise questions about an individual’s reliability, trustworthiness and ability to protect classified information.”
Procedural Posture
- SOR issuedDec 23, 2013
- Answer filedJan 6, 2014
- Hearing held—Applicant represented himself.
- Decision dateJun 24, 2014
Cite For
- Denial Based on a Pattern of Criminal Conduct Under Guideline J
- Denial Due to Poor Personal Conduct and Employment History Under Guideline E
- Consideration of the Whole-person Concept in Security Clearance Decisions