Summary
A 26-year-old HVAC technician was granted a security clearance despite concerns under Guideline J (Criminal Conduct) stemming from several past incidents. In April 2008, the applicant was charged with underage alcohol possession and public intoxication; the former was dismissed after a year, and the latter was also dismissed. Later that year, in November 2008, he was charged with DWI, resulting in a 60-day jail sentence with 55 days suspended, a $250 fine, $216 in costs, mandatory alcohol safety classes, and a restricted license.
Further incidents included an arrest for public intoxication in December 2011, which resulted in $100 in fines and costs, and a grand larceny arrest in October 2012, which was dismissed. These actions raised disqualifying conditions under Adjudicative Guidelines ¶ 31(a) and ¶ 31(c).
However, the judge applied mitigating conditions under Adjudicative Guidelines ¶ 32(a), ¶ 32(c), and ¶ 32(d). The decision to grant the clearance was based on the significant time elapsed since the applicant's last criminal conduct, his demonstrated rehabilitation including a commitment to abstain from alcohol, and his exemplary current employment record supported by his supervisor.
Why the applicant prevailed
- The applicant demonstrated significant time elapsed since his last criminal conduct, with no recent offenses.
- He exhibited evidence of successful rehabilitation, including a change in lifestyle and abstaining from alcohol.
- The applicant's current employment record was exemplary, and he received strong support from his supervisor.
Conditions referenced
- AG ¶ 31(a)raisedA Single Serious Crime or Multiple Lesser Offenses
- AG ¶ 31(c)raisedAllegation or Admission of Criminal Conduct, Regardless of Whether the Person Was Formally Charged, Formally Prosecuted, or Convicted
- AG ¶ 32(a)appliedSo 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 Judgment
- AG ¶ 32(c)appliedEvidence That the Person Did Not Commit the Offense
- AG ¶ 32(d)appliedThere Is Evidence of Successful Rehabilitation; Including but Not Limited to the Passage of Time Without Recurrence of Criminal Activity, Remorse or Restitution, Job Training or Higher Education, Good Employment Record, or Constructive Community Involvement
Key rule quoted
“Eligibility for a security clearance is predicated upon the applicant meeting the criteria contained in the AG.”
Procedural posture
- SOR issuedFeb 7, 2014
- Answer filedMar 19, 2014
- Hearing heldMay 15, 2014
- Decision dateMay 28, 2014
Cite for
- Demonstrating Successful Rehabilitation Under Guideline J
- The Impact of Time Elapsed on Criminal Conduct Relevance
- The Importance of Character References in Security Clearance Cases