ISCR Case 12-11559.h1

Case Headnote

ISCR Case No. 12-11559.h1

deniedJul 1, 2012· Hon. LeRoy F. Foreman· hearing

Summary

A 37-year-old defense contractor employee was denied a security clearance due to concerns under Guideline E (Personal Conduct) and Guideline J (Criminal Conduct). The denial stemmed from a significant history of criminal behavior, including multiple arrests and convictions, and the applicant's intentional omissions of this record from his security clearance application.

The applicant's criminal history included a conviction for felony unlawful wounding in 1995, resulting in a three-year prison sentence with most of it suspended, followed by probation. Other convictions included stalking and resisting arrest in 1999, assault and battery in 1998, and multiple contempt of court charges in 2006, one of which led to a six-month jail sentence. He was also convicted of stalking in 2006, public intoxication and disorderly conduct in 2007, and driving while intoxicated in 2008. While some charges, such as assault and battery on a family member in 2005, were dismissed, the pattern of misconduct was extensive.

The judge denied the clearance, specifically citing the applicant's intentional failure to disclose numerous arrests and convictions on his application. The serious nature of offenses like unlawful wounding and stalking, combined with the applicant's non-credible explanations for his omissions, led to concerns about his trustworthiness and potential for future misconduct.

Why the Applicant Was Denied

The applicant intentionally omitted multiple arrests and convictions from his security clearance application.
The applicant's criminal history included serious offenses such as unlawful wounding and stalking, raising significant security concerns.
The applicant's explanations for his omissions were not credible, undermining his trustworthiness.

Conditions Referenced

Disqualifying

J1raisedCriminal Conduct
E2raisedFalsification of Information

Mitigating

E2rejectedThe Applicant's Positive Work History and Character ReferencesThe judge found that the applicant's positive attributes did not outweigh the severity of his criminal history.
J2rejectedThe Applicant's Efforts to Rehabilitate and Seek Restoration of RightsThe judge determined that the applicant's past conduct and omissions were too significant to mitigate.

Key Rule Quoted

“Eligibility for a security clearance is predicated upon the applicant meeting the criteria contained in the AG.”
— Exec. Or. 10865, Safeguarding Classified Information within Industry § 2 (Feb. 20, 1960), as amended.

Procedural Posture

SOR issuedFeb 19, 2014
Answer filedMar 21, 2014
Hearing heldMay 13, 2014
Decision dateMay 29, 2014

Cite For

Intentional Omissions of Criminal History as a Disqualifying Factor Under Guideline E
Serious Criminal Conduct Impacting Security Clearance Eligibility Under Guideline J
Credibility of Applicant's Explanations for Omissions in Security Clearance Applications.

Editorial summary generated for research. Not legal advice; not a prediction. Verify against the full decision before relying on any quoted language.

¶	Allegation	Finding	Conduct	Concealed Issue	Response	Disqualifying (¶16)	Mitigating applied (¶17)	Mitigation
2.a–2.f	6 sub-charges — specific text not stated in this decision (5 against, 1 for the applicant).	Mixed		—		—	—	—

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

2.a–2.f

6 sub-charges — specific text not stated in this decision (5 against, 1 for the applicant).

Mixed

—

¶	Allegation	Finding	Offense	Criminal disposition	Response	Disqualifying (¶31)	Mitigating applied (¶32)	Mitigation
1.a	In May 2008, Applicant was charged with driving while intoxicated (DWI). In June 2008, he was convicted, fined $350, and sentenced to confinement for 30 days (suspended). His driver’s license was suspended for 12 months, and he was required to complete an alcohol education program. (GX 4 at 5; GX 5 at 4.)	Against Applicant	DUI or DWI Criminal	Convicted	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability (c) currently on parole or probation (e) discharge or dismissal from the Armed Forces under less than honorable conditions	—	—
1.b	In May 2007, Applicant was charged with public intoxication and disorderly conduct. In his answer to the SOR, he stated that this incident was the result of another confrontation with the same person involved in SOR ¶¶ 1.m and 1.n, and that the confrontation violated a court order prohibiting both Applicant and the previous assailant from being within 100 feet of each other. (Answer at 2.) Applicant was fined $250 for disorderly conduct and $25 for public intoxication. (AE C.)	Against Applicant	Unspecified Criminal Conduct	Charged Not Convicted	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability (c) currently on parole or probation	—	—
1.c	The SOR alleges that Applicant was arrested in January 2006 and again in February 2006 for contempt of court. In his answer to the SOR, he stated that there was only one contempt charge, and it occurred because he missed a court date due to lack of transportation. (Answer at 2-3; AE D.) Court records reflect that he was convicted of contempt of court in February 2006 and sentenced to 45 days in jail, and convicted again of contempt of court in June 2006 and sentenced to six months in jail. (GX 4 at 5.) I conclude that SOR ¶¶ 1.c and 1.d allege the same offense, and that a second contempt charge in June 2006 resulted in a conviction but was not alleged in the SOR.	Against Applicant	Unspecified Criminal Conduct	Convicted	Denied	(a) pattern of minor offenses casting doubt on judgment/reliability (c) currently on parole or probation	—	—
1.d	In January 2006, Applicant was arrested for stalking. A woman ahead of him in grocery store checkout line left a bag in the store, and he pursued her in an attempt to give it to her. She drove away before he could catch up to her, and he followed her in her driveway at her home. She was frightened, and she called the police and accused Applicant of stalking her. Applicant was arrested for stalking and spent two months in jail because he could not afford bail. (GX 3 at 8.) He was convicted and sentenced to 12 months in jail, suspended. (GX 4 at 5; GX 5 at 2.)	For Applicant	Domestic Violence	Convicted	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability (c) currently on parole or probation (e) discharge or dismissal from the Armed Forces under less than honorable conditions	—	—
1.e	specific text not stated in this decision	Unknown	Unspecified Criminal Conduct	—	Unknown	—	—	—
1.f	In May 2005, Applicant was arrested for assault and battery on a family member after his intoxicated father attacked him and Applicant defended himself. The charges were dismissed. (Answer at 3-4; GX 4 at 4.)	Against Applicant	Assault or Battery	Dismissed or Nolle Prossed	Admitted	—	—	—
1.g	In September 1999, Applicant missed an appointment with his probation officer and was arrested for violating the probation that was imposed as a result of the conviction of unlawful wounding (alleged in SOR ¶ 1.n). In his answer to the SOR, he stated that he notified the probation officer that he would be unable to make the appointment because of a conflicting job requirement. His probation was revoked, and he served two years and nine months in jail. (Answer at 4; GX 4 at 4; GX 5 at 3.)	For Applicant	Probation or Court Order Violation	Conduct No Charge	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability (c) currently on parole or probation (e) discharge or dismissal from the Armed Forces under less than honorable conditions	—	—
1.h	In March 1999, Applicant was arrested for stalking after he broke up with his girlfriend and tried to persuade her to resume their relationship. When his girlfriend called the police, Applicant resisted arrest. He was convicted of stalking and resisting arrest. The record does not reflect the sentence that was imposed. (Answer at 5; GX 4 at 4; GX 5 at 3.)	Against Applicant	Domestic Violence	Convicted	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability (c) currently on parole or probation (e) discharge or dismissal from the Armed Forces under less than honorable conditions	—	—
1.i	In August 1996, Applicant was involved with another altercation with the acquaintance alleged in SOR ¶¶ 1.m and 1.n, and was charged with assault. He claimed that he was acting in self-defense, but he was convicted and sentenced to 30 days in jail, suspended on condition of good behavior for 12 months. (Answer at 6; GX 4 at 3; GX 5 at 3.)	For Applicant	Assault or Battery	Convicted	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability (c) currently on parole or probation	—	—
1.j	In November 1998, Applicant was kicked out of the house by his father, was unemployed, and was angry. He was charged with destruction of property of a value less than $1,000, reckless driving, use of profane or threatening language over a public airway, and assault and battery. He was convicted of assault and battery. The other charges were dismissed. The record does not reflect the details of the incident or the sentence that was imposed. (Answer at 5; GX 4 at 4; GX 5 at 3.)	Against Applicant	Assault or Battery	Convicted	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability (c) currently on parole or probation	—	—
1.k	specific text not stated in this decision	Unknown	Unspecified Criminal Conduct	—	Unknown	—	—	—
1.l	In February 1995, Applicant was riding in a car with an acquaintance after attending a night club. For reasons not reflected in the record, his acquaintance fired a handgun, they were stopped by police, and both were charged with felony use of a firearm in the commission of a felony. The police found gunpowder residue on his acquaintance’s hands but none on Applicant’s hands. Applicant provided evidence against his acquaintance. The charges against Applicant were dismissed, the acquaintance was released on bail, and the court ordered them to not come within 100 feet of each other. According to Applicant, his acquaintance approached him shortly after being released on bail and threatened to kill him with a handgun. Applicant attempted to take the handgun from his acquaintance and the handgun discharged, wounding his acquaintance. In November 1995, Applicant was convicted of felony unlawful wounding. He was sentenced to prison for three years, with two years and nine months suspended, and placed on probation for four years. (Answer at 5-6; GX 3 at 5-6; GX 4 at 3; GX 5 at 3; AE A.)	Against Applicant	Homicide	Convicted	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability (c) currently on parole or probation (e) discharge or dismissal from the Armed Forces under less than honorable conditions	—	—
1.m–1.n	2 sub-charges — specific text not stated in this decision (rulings shown). (low confidence)	Mixed		—		—	—	—

Allegation

Finding

Offense

Criminal disposition

Response

Disqualifying (¶31)

Mitigating applied (¶32)

Mitigation

1.a

In May 2008, Applicant was charged with driving while intoxicated (DWI). In June 2008, he was convicted, fined $350, and sentenced to confinement for 30 days (suspended). His driver’s license was suspended for 12 months, and he was required to complete an alcohol education program. (GX 4 at 5; GX 5 at 4.)

Against Applicant

DUI or DWI Criminal

Convicted

Admitted

(a) pattern of minor offenses casting doubt on judgment/reliability

(c) currently on parole or probation

(e) discharge or dismissal from the Armed Forces under less than honorable conditions

—

1.b

In May 2007, Applicant was charged with public intoxication and disorderly conduct. In his answer to the SOR, he stated that this incident was the result of another confrontation with the same person involved in SOR ¶¶ 1.m and 1.n, and that the confrontation violated a court order prohibiting both Applicant and the previous assailant from being within 100 feet of each other. (Answer at 2.) Applicant was fined $250 for disorderly conduct and $25 for public intoxication. (AE C.)

Against Applicant

Unspecified Criminal Conduct

Charged Not Convicted

Admitted

(a) pattern of minor offenses casting doubt on judgment/reliability

(c) currently on parole or probation

—

1.c

The SOR alleges that Applicant was arrested in January 2006 and again in February 2006 for contempt of court. In his answer to the SOR, he stated that there was only one contempt charge, and it occurred because he missed a court date due to lack of transportation. (Answer at 2-3; AE D.) Court records reflect that he was convicted of contempt of court in February 2006 and sentenced to 45 days in jail, and convicted again of contempt of court in June 2006 and sentenced to six months in jail. (GX 4 at 5.) I conclude that SOR ¶¶ 1.c and 1.d allege the same offense, and that a second contempt charge in June 2006 resulted in a conviction but was not alleged in the SOR.

Against Applicant

Unspecified Criminal Conduct

Convicted

Denied

(a) pattern of minor offenses casting doubt on judgment/reliability

(c) currently on parole or probation

—

1.d

In January 2006, Applicant was arrested for stalking. A woman ahead of him in grocery store checkout line left a bag in the store, and he pursued her in an attempt to give it to her. She drove away before he could catch up to her, and he followed her in her driveway at her home. She was frightened, and she called the police and accused Applicant of stalking her. Applicant was arrested for stalking and spent two months in jail because he could not afford bail. (GX 3 at 8.) He was convicted and sentenced to 12 months in jail, suspended. (GX 4 at 5; GX 5 at 2.)

For Applicant

Domestic Violence

Convicted

Admitted

(a) pattern of minor offenses casting doubt on judgment/reliability

(c) currently on parole or probation

(e) discharge or dismissal from the Armed Forces under less than honorable conditions

—

1.e

specific text not stated in this decision

Unknown

Unspecified Criminal Conduct

—

Unknown

—

1.f

In May 2005, Applicant was arrested for assault and battery on a family member after his intoxicated father attacked him and Applicant defended himself. The charges were dismissed. (Answer at 3-4; GX 4 at 4.)

Against Applicant

Assault or Battery

Dismissed or Nolle Prossed

Admitted

—

1.g

In September 1999, Applicant missed an appointment with his probation officer and was arrested for violating the probation that was imposed as a result of the conviction of unlawful wounding (alleged in SOR ¶ 1.n). In his answer to the SOR, he stated that he notified the probation officer that he would be unable to make the appointment because of a conflicting job requirement. His probation was revoked, and he served two years and nine months in jail. (Answer at 4; GX 4 at 4; GX 5 at 3.)

For Applicant

Probation or Court Order Violation

Conduct No Charge

Admitted

(a) pattern of minor offenses casting doubt on judgment/reliability

(c) currently on parole or probation

(e) discharge or dismissal from the Armed Forces under less than honorable conditions

—

1.h

In March 1999, Applicant was arrested for stalking after he broke up with his girlfriend and tried to persuade her to resume their relationship. When his girlfriend called the police, Applicant resisted arrest. He was convicted of stalking and resisting arrest. The record does not reflect the sentence that was imposed. (Answer at 5; GX 4 at 4; GX 5 at 3.)

Against Applicant

Domestic Violence

Convicted

Admitted

(a) pattern of minor offenses casting doubt on judgment/reliability

(c) currently on parole or probation

(e) discharge or dismissal from the Armed Forces under less than honorable conditions

—

1.i

In August 1996, Applicant was involved with another altercation with the acquaintance alleged in SOR ¶¶ 1.m and 1.n, and was charged with assault. He claimed that he was acting in self-defense, but he was convicted and sentenced to 30 days in jail, suspended on condition of good behavior for 12 months. (Answer at 6; GX 4 at 3; GX 5 at 3.)

For Applicant

Assault or Battery

Convicted

Admitted

(a) pattern of minor offenses casting doubt on judgment/reliability

(c) currently on parole or probation

—

1.j

In November 1998, Applicant was kicked out of the house by his father, was unemployed, and was angry. He was charged with destruction of property of a value less than $1,000, reckless driving, use of profane or threatening language over a public airway, and assault and battery. He was convicted of assault and battery. The other charges were dismissed. The record does not reflect the details of the incident or the sentence that was imposed. (Answer at 5; GX 4 at 4; GX 5 at 3.)

Against Applicant

Assault or Battery

Convicted

Admitted

(a) pattern of minor offenses casting doubt on judgment/reliability

(c) currently on parole or probation

—

1.k

specific text not stated in this decision

Unknown

Unspecified Criminal Conduct

—

Unknown

—

1.l

In February 1995, Applicant was riding in a car with an acquaintance after attending a night club. For reasons not reflected in the record, his acquaintance fired a handgun, they were stopped by police, and both were charged with felony use of a firearm in the commission of a felony. The police found gunpowder residue on his acquaintance’s hands but none on Applicant’s hands. Applicant provided evidence against his acquaintance. The charges against Applicant were dismissed, the acquaintance was released on bail, and the court ordered them to not come within 100 feet of each other. According to Applicant, his acquaintance approached him shortly after being released on bail and threatened to kill him with a handgun. Applicant attempted to take the handgun from his acquaintance and the handgun discharged, wounding his acquaintance. In November 1995, Applicant was convicted of felony unlawful wounding. He was sentenced to prison for three years, with two years and nine months suspended, and placed on probation for four years. (Answer at 5-6; GX 3 at 5-6; GX 4 at 3; GX 5 at 3; AE A.)

Against Applicant

Homicide

Convicted

Admitted

(a) pattern of minor offenses casting doubt on judgment/reliability

(c) currently on parole or probation

(e) discharge or dismissal from the Armed Forces under less than honorable conditions

—

1.m–1.n

2 sub-charges — specific text not stated in this decision (rulings shown). (low confidence)

Mixed

—

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Case Profile

Summary

Why the Applicant Was Denied

Conditions Referenced

Key Rule Quoted

Procedural Posture

Cite For

Full decision

DEFENSE OFFICE OF HEARINGS AND APPEALS

HEARING

APPEARANCES

STATEMENT OF CASE

FINDINGS OF FACT

POLICIES

ANALYSIS

WHOLE PERSON CONCEPT

FORMAL FINDINGS

CONCLUSION

FOOTNOTES