Summary
The applicant, a 55-year-old certified electrician employed by a defense contractor, faced security concerns under Guideline F (financial considerations) and Guideline J (criminal conduct) due to a history of delinquent debts and multiple criminal offenses. The judge found that the applicant mitigated these concerns by demonstrating responsible financial behavior and evidence of rehabilitation, ultimately granting the security clearance.
Under Guideline F (Financial Considerations) and Guideline J (Criminal Conduct), the Statement of Reasons alleged the following: a dismissed Chapter 13 bankruptcy filed in January 2005 (1.a). a utility debt in collection for $2,469 (1.b). a debt for furniture past due for $291 (1.c). a credit card debt delinquent for $76 (1.d). a judgment for a credit union for $3,661 (1.e). a 2010 state tax lien in the amount of $1,301 (1.f). a judgment for an individual for $11,099 (1.g). a judgment for a lumber company for $1,010 (1.h). a judgment for apartment rent for $1,010 (1.i). an assault and battery on a family member in April 2005 and failing to appear on the charge in May 2005 (SOR 2.a) (2.a). using threatening language over a public airway in February 2005 (SOR 2.b) (2.b). using threatening language over a public airway in December 2003 (SOR 2.c) (2.c). making a false statement to law enforcement in June 2002 (SOR 2.d) (2.d). obstruction of justice, resisting a police officer, and cocaine and weapons possession in September 1988 (SOR 2.e) (2.e). possession of stolen property in January 1987 (SOR 2.f) (2.f). possession of a weapon, assault, and menacing in July 1986 (SOR 2.g) (2.g). possession of stolen goods and grand larceny in November 1982 (SOR 2.h) (2.h). possession of stolen goods and grand larceny in November 1981 (SOR 2.i) (2.i). attempted possession of a loaded gun in March 1981 (SOR 2.j) (2.j).
The judge granted the clearance. The government raised disqualifying conditions AG ¶ 19(a), AG ¶ 19(c), AG ¶ 31(a), AG ¶ 31(c). The judge applied mitigating conditions AG ¶ 20(b), AG ¶ 20(d), AG ¶ 32(a), AG ¶ 32(d). The decision turned on the following: The applicant demonstrated a good-faith effort to resolve delinquent debts, including paying some in full and establishing payment plans for others; The applicant's criminal offenses were either dismissed or occurred a long time ago, indicating rehabilitation and maturity over time; The applicant provided evidence of stable employment and positive character references from clients.
Why the applicant prevailed
- The applicant demonstrated a good-faith effort to resolve delinquent debts, including paying some in full and establishing payment plans for others.
- The applicant's criminal offenses were either dismissed or occurred a long time ago, indicating rehabilitation and maturity over time.
- The applicant provided evidence of stable employment and positive character references from clients.
Conditions referenced
- AG ¶ 19(a)raisedInability or Unwillingness to Satisfy Debts
- AG ¶ 19(c)raisedA History of Not Meeting Financial Obligations
- AG ¶ 31(a)raisedA Single Serious Crime or Multiple Lesser Offenses
- AG ¶ 31(c)raisedAllegation or Admission of Criminal Conduct
- AG ¶ 20(b)appliedConditions That Resulted in the Financial Problems Were Largely Beyond the Person’s Control
- AG ¶ 20(d)appliedThe Individual Has Initiated a Good-faith Effort to Repay the Overdue Creditors
- AG ¶ 32(a)appliedSo Much Time Has Elapsed Since the Criminal Behavior Happened That It Is Unlikely to Recur
- AG ¶ 32(d)appliedEvidence of Successful Rehabilitation
Key rule quoted
“The protection of the national security is the paramount consideration.”
Procedural posture
- SOR issuedNov 5, 2014
- Answer filedDec 9, 2014
- Hearing heldApr 17, 2015
- Decision dateJun 9, 2015
Cite for
- Mitigation of Financial Concerns Due to Employment Instability
- Successful Rehabilitation From Past Criminal Conduct
- Good-faith Efforts in Debt Resolution