Summary
The applicant, a 34-year-old electronics technician, faced security clearance denial under Guideline F (Financial Considerations) and Guideline J (Criminal Conduct) due to approximately $105,000 in delinquent debt, including significant child support arrears, and a criminal history involving serious offenses, including attempted illegal sexual contact with a minor. The judge found that the applicant's financial issues and criminal conduct raised substantial concerns about his reliability and trustworthiness.
Under Guideline F (Financial Considerations) and Guideline J (Criminal Conduct), the Statement of Reasons alleged the following: Applicant owes consumer collection debt totaling $18,435 (1.a). Applicant owes consumer collection debt totaling $18,435 (1.b). Applicant owes delinquent utility debt of $1,002 (1.c). Applicant owes delinquent utility debt of $1,002 (1.d). Applicant owes child support arrearages of $16,859 (1.e). Applicant owes child support arrearages of $23,687 (1.f). Applicant owes a $9,354 charged-off balance to the DOD (1.g). Applicant owes child support arrearages of $24,926 (1.h). Applicant owes $1,218 in cable costs (1.i). Applicant owes child support arrearages of $11,014 (1.j). Applicant owes $15,362 for a repossessed vehicle (1.k). Applicant owes $826 in credit card debt (1.l). Applicant allegedly paid $500 restitution on May 2013 charges of disorderly conduct, 3rd degree criminal mischief, and emergency call interference (2.a). In addition, he was sentenced to 10 years in prison (execution suspended after three years), to 10 years of probation, and required to register as a sex offender, for attempting to commit illegal sexual contact, enticing a minor by computer, causing a risk of injury, 2nd degree sexual assault, and violation of a condition of release in July 2008 (2.b). He was sentenced to one year in jail for 3rd degree assault in May 2008 (2.c). He was convicted and sentenced to one year of probation with loss of license for one year for operating a vehicle under the influence of alcohol in June 2006 (2.d). He received non-judicial punishment in the military for disobeying a direct order in July 2004 (2.e).
The judge denied the clearance. The government raised disqualifying conditions AG ¶ 19(a), AG ¶ 19(c), AG ¶ 19(f), AG ¶ 31(a), AG ¶ 31(c). The judge applied mitigating conditions AG ¶ 20(a), AG ¶ 20(b), AG ¶ 20(c), AG ¶ 20(d), AG ¶ 20(e). The decision turned on the following: The applicant has approximately $105,000 in delinquent debt, including nearly $75,000 in child support arrears; The applicant has a serious criminal history, including felony convictions for attempting illegal sexual contact with a minor and enticing a minor by computer; The applicant's financial problems are linked to his criminal conduct and incarceration.
Why the Applicant Was Denied
- The applicant has approximately $105,000 in delinquent debt, including nearly $75,000 in child support arrears.
- The applicant has a serious criminal history, including felony convictions for attempting illegal sexual contact with a minor and enticing a minor by computer.
- The applicant's financial problems are linked to his criminal conduct and incarceration.
Conditions Referenced
- AG ¶ 19(a)appliedInability or Unwillingness to Satisfy Debts
- AG ¶ 19(c)appliedA History of Not Meeting Financial Obligations
- AG ¶ 19(f)appliedFinancial Problems That Are Linked to Drug Abuse, Alcoholism, Gambling Problems, or Other Issues of Security Concern
- AG ¶ 31(a)appliedSingle Serious Crime or Multiple Lesser Offenses
- AG ¶ 31(c)appliedAllegation or Admission of Criminal Conduct, Regardless of Whether the Person Was Formally Charged, Formally Prosecuted or Convicted
- AG ¶ 20(a)rejectedThe Behavior Happened so Long Ago, Was so Infrequent, or Occurred Under Circumstances That It Is Unlikely to Recur and Does Not Cast Doubt on the Individual’s Current Reliability or Good JudgmentThe applicant's financial issues are recent and ongoing.
- AG ¶ 20(b)rejectedThe Conditions That Resulted in the Financial Problem Were Largely Beyond the Person’s ControlIncarceration due to felony convictions does not mitigate financial issues.
- AG ¶ 20(c)rejectedThe Person Has Received or Is Receiving Counseling for the Problem And/or There Are Clear Indications That the Problem Is Being Resolved or Is Under ControlThe applicant has not made payments on most delinquent debts.
- AG ¶ 20(d)rejectedThe Individual Initiated a Good-faith Effort to Repay Overdue Creditors or Otherwise Resolve DebtsThe applicant has not established a plan to resolve his debts.
- AG ¶ 20(e)rejectedThe Individual Has a Reasonable Basis to Dispute the Legitimacy of the Past-due Debt Which Is the Cause of the ProblemThe applicant does not dispute the debts.
Key Rule Quoted
“A person who seeks access to classified information enters into a fiduciary relationship with the Government predicated upon trust and confidence.”
Procedural Posture
- SOR issuedJul 21, 2014
- Answer filedAug 13, 2014
- Hearing heldOct 15, 2014
- Decision dateJan 29, 2015
Cite For
- Financial Irresponsibility and Its Impact on Security Clearance Eligibility
- Serious Criminal Conduct as a Disqualifying Factor for Security Clearance
- The Importance of Demonstrating Good Judgment and Reliability in Security Clearance Cases