ISCR Case 12-11821.h1

Case Headnote

ISCR Case No. 12-11821.h1

deniedApr 19, 2016· Hon. Richard A. Cefola· hearing

Summary

A 54-year-old government contractor was denied a security clearance due to concerns under Guideline H (Drug Involvement) and Guideline J (Criminal Conduct). The applicant had an extensive history of illegal stimulant use, including methamphetamine, speed, crystal meth, and ecstasy, from 1980 to 1996 and again from 2000 to 2008, reaching the point of addiction. To support this addiction, the applicant also sold these substances from 1988 to 1996 and 2000 to 2007.

The applicant's criminal record included numerous arrests and convictions. In February 2008, he was arrested for possession and use of a controlled substance and driving with a suspended license, resulting in a 270-day jail sentence and a modified probation from a prior 2006 arrest for similar drug offenses, which added a 365-day jail sentence. Other convictions included burglary in 2006, driving with a suspended license in 2005, obstructing an officer and drug use in 2003, exhibiting a deadly weapon in 2002, and multiple DUI alcohol offenses in 1999 and 1992.

Despite eight years of documented abstinence from illegal substances and positive character references, the judge determined that the applicant's long history of drug involvement and criminal conduct, including recent serious offenses, presented an unacceptable risk to national security. The judge concluded that the past conduct raised significant doubts about the applicant's reliability and trustworthiness, leading to the denial of the security clearance.

Why the Applicant Was Denied

The applicant had a long history of illegal drug use and sales spanning over 24 years, which raised significant security concerns.
The applicant had multiple criminal convictions, including serious offenses, which were deemed too recent to mitigate security concerns.
Despite eight years of abstinence from drugs, the judge concluded that the applicant's past conduct still posed a risk to national security.

Conditions Referenced

Disqualifying

AG ¶ 25(a)raisedDrug Abuse
AG ¶ 25(c)raisedIllegal Drug Sale
AG ¶ 31(a)raisedSerious Crime or Multiple Lesser Offenses
AG ¶ 31(c)raisedAllegation or Admission of Criminal Conduct

Key Rule Quoted

“The protection of the national security is the paramount consideration.”

Procedural Posture

SOR issuedOct 1, 2015
Answer filedOct 30, 2015
Hearing heldFeb 9, 2016Hearing conducted as scheduled.
Decision dateApr 19, 2016

Cite For

Impact of Extensive Criminal History on Security Clearance Eligibility
Consideration of Past Drug Involvement in Security Clearance Decisions
Importance of the Whole-person Concept in Adjudicating Security Clearance Cases

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

¶	Allegation	Finding	Substance / event	Use level	Response	Disqualifying (¶25)	Mitigating applied (¶26)	Mitigation
2.a	Applicant used illegal stimulants: methamphetamine, speed, crystal meth and ecstasy, over a period of about 24 years, from 1980~1996 and again from 2000~2008, to the point of addiction.	Against Applicant	Methamphetamine	Regular	Denied	—	—	—
2.b	Applicant sold illegal stimulants, including methamphetamine, speed, crystal meth and ecstasy, over a period of about 15 years, from 1988~1996 and again from 2000~2007, to support his addiction.	Against Applicant	Drug Distribution or Dealing	Regular	Denied	—	—	—
2.c	specific text not stated in this decision	Against Applicant	Unspecified Drug Involvement	Unspecified	Unknown	—	—	—

Allegation

Finding

Substance / event

Use level

Response

Disqualifying (¶25)

Mitigating applied (¶26)

Mitigation

2.a

Applicant used illegal stimulants: methamphetamine, speed, crystal meth and ecstasy, over a period of about 24 years, from 1980~1996 and again from 2000~2008, to the point of addiction.

Against Applicant

Methamphetamine

Regular

Denied

—

2.b

Applicant sold illegal stimulants, including methamphetamine, speed, crystal meth and ecstasy, over a period of about 15 years, from 1988~1996 and again from 2000~2007, to support his addiction.

Against Applicant

Drug Distribution or Dealing

Regular

Denied

—

2.c

specific text not stated in this decision

Against Applicant

Unspecified Drug Involvement

Unspecified

Unknown

—

¶	Allegation	Finding	Offense	Criminal disposition	Response	Disqualifying (¶31)	Mitigating applied (¶32)	Mitigation
1.a	In February of 2008, Applicant was arrested for “Possession of controlled substance,” “Use/under the influence of controlled substance” and “Drive while license suspended/ revoked.” He pled nolo contendere to the driving charge, and was “sentenc[ed] to serve 270 days in jail.” As a result of this arrest, his previous probation (from 1.b., above) was “reinstated and modifie[d]”; and as a result, he was “senten[ed] to serve 365 days in jail.” It is unclear how much time in jail Applicant served, but he testified credibly that he “never did more than four months in jail at a time.”	Against Applicant	Drug Related Criminal Charge	Conduct No Charge	Denied	—	—	—
1.b	In November of 2006, Applicant was arrested for “Possession of controlled substance” and “Use/under the influence of controlled substance.” As a result of this arrest, his previous probation (from 1.d., above) was “reinstated and modifie[d]”; and as a result, he was “senten[ed] to serve 68 days in jail and $200.00 in fines.”	Against Applicant	Drug Related Criminal Charge	Conduct No Charge	Denied	—	—	—
1.c	This appears to be the same offense as subparagraph 1.d., directly above. (low confidence)	Against Applicant	Unspecified Criminal Conduct	—	Unknown	—	—	—
1.d	In January of 2006, Applicant was arrested for and pled nolo contendere to “Burglary: 2nd Degree,” “Possession of controlled substance” and “Use/under the influence of controlled substance.” He was “sentence[d] to 15 days in jail, 3 years court probation and $135.00 in fines” for the burglary charge, and “sentence[d] to 3 years court probation and $420.00 in fines” for the controlled substance related charges.	Against Applicant	Trespassing or Burglary	Convicted	Denied	—	—	—
1.e	This appears to be the same offense as subparagraph 1.d., directly above. (low confidence)	Against Applicant	Unspecified Criminal Conduct	—	Unknown	—	—	—
1.f	In January of 2005, Applicant was arrested for and pled nolo contendere to “Driv[ing] while license suspended/revoked.” He was “sentenced to 180 days in jail.”	Against Applicant	Traffic Offense Pattern	Convicted	Denied	—	—	—
1.g	This appears to be the same offense as subparagraph 1.h., directly above. (low confidence)	Against Applicant	Unspecified Criminal Conduct	—	Unknown	—	—	—
1.h	In December of 2003, Applicant was arrested for and pled guilty to “Obstruct[ing] officer,” “Prowling/loitering” and “Use/under the influence of controlled substance.” He was “sentenced to 3 years probation, $1,415 fines, [and] to serve 90 days in jail.”	Against Applicant	Drug Related Criminal Charge	Convicted	Denied	—	—	—
1.i	This also appears to be the same offense as subparagraph 1.h., above. (low confidence)	Against Applicant	Unspecified Criminal Conduct	—	Unknown	—	—	—
1.j	This appears to be the same offense as subparagraph 1.k., directly above. (low confidence)	Against Applicant	Unspecified Criminal Conduct	—	Unknown	—	—	—
1.k	In January of 2002, Applicant was arrested for and pled guilty to “Exhibit deadly weapon other than firearm,” “Driving while license suspended or revoked” and “No insurance.” He was “sentence[d] to 3 days in jail and 3 years court probation” for the weapon charge, and “sentence[d] to 30 days in jail” for the driving related charges.	Against Applicant	Weapons Offense	Convicted	Denied	—	—	—
1.l	In August of 1999, Applicant was arrested for and found guilty of “DUI Alcohol.” He was “sentenced [to] 2 days in jail, 5 years court probation and $1,547.00 fine.”	Against Applicant	DUI or DWI Criminal	Convicted	Denied	—	—	—
1.m	In August of 1997, Applicant was arrested for and pled guilty to “Offensive words in public place.” He was “sentenced to 2 years probation and $199 in fines.”	Against Applicant	Unspecified Criminal Conduct	Convicted	Denied	—	—	—
1.n	In February of 1995, Applicant was arrested and charged with “Possession of a controlled substance,” “Driving while license suspended/revoked” and for “Fail to appear: written promise.” He was “released on own recognizance . . . for time served.”	Against Applicant	Drug Related Criminal Charge	Conduct No Charge	Denied	—	—	—
1.o	In June of 1992, Applicant was arrested and charged with “DUI alcohol.” For “time served [he was] released by law enforcement.”	Against Applicant	DUI or DWI Criminal	Conduct No Charge	Denied	—	—	—

Allegation

Finding

Offense

Criminal disposition

Response

Disqualifying (¶31)

Mitigating applied (¶32)

Mitigation

1.a

In February of 2008, Applicant was arrested for “Possession of controlled substance,” “Use/under the influence of controlled substance” and “Drive while license suspended/ revoked.” He pled nolo contendere to the driving charge, and was “sentenc[ed] to serve 270 days in jail.” As a result of this arrest, his previous probation (from 1.b., above) was “reinstated and modifie[d]”; and as a result, he was “senten[ed] to serve 365 days in jail.” It is unclear how much time in jail Applicant served, but he testified credibly that he “never did more than four months in jail at a time.”

Against Applicant

Drug Related Criminal Charge

Conduct No Charge

Denied

—

1.b

In November of 2006, Applicant was arrested for “Possession of controlled substance” and “Use/under the influence of controlled substance.” As a result of this arrest, his previous probation (from 1.d., above) was “reinstated and modifie[d]”; and as a result, he was “senten[ed] to serve 68 days in jail and $200.00 in fines.”

Against Applicant

Drug Related Criminal Charge

Conduct No Charge

Denied

—

1.c

This appears to be the same offense as subparagraph 1.d., directly above. (low confidence)

Against Applicant

Unspecified Criminal Conduct

—

Unknown

—

1.d

In January of 2006, Applicant was arrested for and pled nolo contendere to “Burglary: 2nd Degree,” “Possession of controlled substance” and “Use/under the influence of controlled substance.” He was “sentence[d] to 15 days in jail, 3 years court probation and $135.00 in fines” for the burglary charge, and “sentence[d] to 3 years court probation and $420.00 in fines” for the controlled substance related charges.

Against Applicant

Trespassing or Burglary

Convicted

Denied

—

1.e

This appears to be the same offense as subparagraph 1.d., directly above. (low confidence)

Against Applicant

Unspecified Criminal Conduct

—

Unknown

—

1.f

In January of 2005, Applicant was arrested for and pled nolo contendere to “Driv[ing] while license suspended/revoked.” He was “sentenced to 180 days in jail.”

Against Applicant

Traffic Offense Pattern

Convicted

Denied

—

1.g

This appears to be the same offense as subparagraph 1.h., directly above. (low confidence)

Against Applicant

Unspecified Criminal Conduct

—

Unknown

—

1.h

In December of 2003, Applicant was arrested for and pled guilty to “Obstruct[ing] officer,” “Prowling/loitering” and “Use/under the influence of controlled substance.” He was “sentenced to 3 years probation, $1,415 fines, [and] to serve 90 days in jail.”

Against Applicant

Drug Related Criminal Charge

Convicted

Denied

—

1.i

This also appears to be the same offense as subparagraph 1.h., above. (low confidence)

Against Applicant

Unspecified Criminal Conduct

—

Unknown

—

1.j

This appears to be the same offense as subparagraph 1.k., directly above. (low confidence)

Against Applicant

Unspecified Criminal Conduct

—

Unknown

—

1.k

In January of 2002, Applicant was arrested for and pled guilty to “Exhibit deadly weapon other than firearm,” “Driving while license suspended or revoked” and “No insurance.” He was “sentence[d] to 3 days in jail and 3 years court probation” for the weapon charge, and “sentence[d] to 30 days in jail” for the driving related charges.

Against Applicant

Weapons Offense

Convicted

Denied

—

1.l

In August of 1999, Applicant was arrested for and found guilty of “DUI Alcohol.” He was “sentenced [to] 2 days in jail, 5 years court probation and $1,547.00 fine.”

Against Applicant

DUI or DWI Criminal

Convicted

Denied

—

1.m

In August of 1997, Applicant was arrested for and pled guilty to “Offensive words in public place.” He was “sentenced to 2 years probation and $199 in fines.”

Against Applicant

Unspecified Criminal Conduct

Convicted

Denied

—

1.n

In February of 1995, Applicant was arrested and charged with “Possession of a controlled substance,” “Driving while license suspended/revoked” and for “Fail to appear: written promise.” He was “released on own recognizance . . . for time served.”

Against Applicant

Drug Related Criminal Charge

Conduct No Charge

Denied

—

1.o

In June of 1992, Applicant was arrested and charged with “DUI alcohol.” For “time served [he was] released by law enforcement.”

Against Applicant

DUI or DWI Criminal

Conduct No Charge

Denied

—

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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