Summary
A 40-year-old government contractor was denied a security clearance under Guideline J (Criminal Conduct) due to a history of multiple criminal offenses spanning from 1993 to 2005. The allegations included serious crimes such as assault with intent to commit rape in 1993, for which the applicant was sentenced to 365 days in jail and five years of probation, and was required to register as a sex offender.
Further offenses included a 1994 conviction for taking a vehicle without owner’s consent, a 2003 charge for failure to register as a sex offender, and a 2003 conviction for petty theft with prior after shoplifting. In 2005, the applicant was arrested for petty theft and faced a probation violation after illegal drugs were found in the home, leading to a two-year state prison sentence. A 2006 contempt of court charge for failing to appear at a child support hearing was attributed to incarceration at the time. A 2008 parole violation charge was later withdrawn.
Despite demonstrating rehabilitation through community involvement and abstaining from criminal activity since 2005, the judge determined that insufficient time had passed since the last incarceration to mitigate doubts regarding the applicant's judgment, reliability, and trustworthiness. The 12-year pattern of criminal activity, including serious offenses, led to the denial of the security clearance.
Why the applicant was denied
- The applicant engaged in a 12-year pattern of criminal activity, including serious offenses.
- Insufficient time had passed since the applicant's last incarceration to conclude that recurrence of criminal conduct is unlikely.
- Doubts concerning the applicant's judgment and reliability were not fully resolved despite evidence of rehabilitation.
Conditions referenced
- AG ¶ 31(a)raisedA Single Serious Crime or Multiple Lesser Offenses
- AG ¶ 31(e)raisedViolation of Parole or Probation, or Failure to Complete a Court-mandated Rehabilitation Program
- AG ¶ 32(a)rejectedSo Much Time Has Elapsed Since the Criminal Behavior Happened, or It Happened Under Such Unusual Circumstances That It Is Unlikely to Recur and Does Not Cast Doubt on the Individual's Reliability, Trustworthiness, or Good JudgmentNot enough time has passed since the applicant's last incarceration to conclude that recurrence is unlikely.
- AG ¶ 32(d)rejectedEvidence of Successful RehabilitationWhile evidence of rehabilitation was presented, it was deemed insufficient given the applicant's extensive criminal history.
Key rule quoted
“Any doubt concerning personnel being considered for access to classified information will be resolved in favor of national security.”
Procedural posture
- SOR issuedFeb 4, 2014
- Answer filedMar 20, 2014
- Hearing heldMay 19, 2014
- Decision dateJun 25, 2014
Cite for
- Evaluation of Criminal Conduct Under Guideline J
- Insufficient Time for Rehabilitation to Mitigate Security Concerns
- Whole-person Concept in Security Clearance Determinations