Summary
The applicant, a 49-year-old call center representative, faced trustworthiness concerns under Guidelines E (Personal Conduct), F (Financial Considerations), and J (Criminal Conduct) due to a history of criminal convictions and unresolved debts. The administrative judge denied eligibility for a public trust position, citing the applicant's ongoing financial irresponsibility and lack of rehabilitation from past criminal behavior.
Under Guideline E (Personal Conduct), Guideline F (Financial Considerations), and Guideline J (Criminal Conduct), the Statement of Reasons alleged the following: SOR ¶ 2.a is a delinquent home improvement store account for $1,557 (2.a). SOR ¶ 2.b is a delinquent department store account for $3,951 (2.b). SOR ¶ 2.c is a bank account in collection for $309 (2.c). SOR ¶ 2.d are medical bills in collection for $309 (2.d). SOR ¶ 2.e are medical bills in collection for $465 (2.e). SOR ¶ 2.f are medical bills in collection for $413 (2.f). SOR ¶ 2.g is a delinquent home mortgage loan (2.g). SOR ¶ 2.h is a delinquent charge account for an electronics store for $218 (2.h). SOR ¶ 2.i is a delinquent credit card account for $210 (2.i). Applicant was charged with larceny, bad checks, and wrongful use of cocaine (1.a). Applicant was convicted of grand larceny and possession of burglary tools (1.b). Applicant was charged with damaging property (1.c). Applicant was charged with being a habitual offender (1.d). Applicant was charged with driving with a revoked license and being a habitual offender (1.e). Applicant was cited for speeding (1.f). Applicant was cited for following too closely (1.g). Applicant was cited for driving an uninspected vehicle (1.h). Applicant was charged with public swearing and intoxication (1.i). Applicant was cited for operating an uninspected vehicle and a seat-belt violation (1.j). Applicant was cited for failure to obey a traffic signal (1.k). Applicant was cited for failing to have his vehicle inspected (1.l).
The judge denied the clearance. The government raised disqualifying conditions AG ¶ 31(a), AG ¶ 19(a), AG ¶ 16(a). The decision turned on the following: The applicant has a history of multiple criminal convictions, including a court-martial and several felonies; The applicant admitted to numerous unresolved delinquent debts, indicating financial irresponsibility; The applicant failed to demonstrate successful rehabilitation or a plan to resolve his financial issues.
Why the Applicant Was Denied
- The applicant has a history of multiple criminal convictions, including a court-martial and several felonies.
- The applicant admitted to numerous unresolved delinquent debts, indicating financial irresponsibility.
- The applicant failed to demonstrate successful rehabilitation or a plan to resolve his financial issues.
Conditions Referenced
- AG ¶ 31(a)appliedCriminal Conduct
- AG ¶ 19(a)appliedFinancial Considerations
- AG ¶ 16(a)appliedPersonal Conduct
Key Rule Quoted
“A person who seeks access to sensitive information enters into a fiduciary relationship with the Government predicated upon trust and confidence.”
Procedural Posture
- SOR issuedJul 16, 2014
- Answer filedAug 22, 2014
- Hearing heldNov 19, 2014
- Decision dateDec 24, 2014
Cite For
- Disqualifying Conditions Under Guidelines E, F, and J
- Failure to Demonstrate Rehabilitation From Criminal Conduct
- Financial Irresponsibility as a Basis for Denial of Public Trust Eligibility