Summary
A 35-year-old federal contractor, holding a master's degree in computer engineering, was denied a security clearance under Guideline J (Criminal Conduct). This denial stemmed primarily from a felony larceny conviction in August 2013, where the applicant stole another's property and money. While the applicant completed probation, which was early terminated by a state court, the adjudicator found significant concerns regarding his judgment and reliability.
Disqualifying conditions under Guideline J were raised, specifically concerning the nature and circumstances of the criminal conduct and a pattern of criminal behavior. Although mitigating conditions were considered, including the passage of time since the offense and the applicant's compliance with court orders, these were ultimately insufficient to overcome the security concerns.
The denial was based on three key factors: the applicant's failure to accept responsibility for his criminal conduct, which undermined his claims of rehabilitation; the specific circumstances of the crime, which raised ongoing concerns about his judgment and reliability; and a prior DUI conviction, which indicated a pattern of questionable behavior.
Why the applicant was denied
- The applicant did not take responsibility for his criminal conduct, undermining his claims of rehabilitation.
- The circumstances of the crime raised ongoing concerns about the applicant's judgment and reliability.
- The applicant's prior DUI conviction indicated a pattern of questionable behavior.
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 or Does Not Cast Doubt on the Individual's Reliability, Trustworthiness, or Good Judgment
- 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
“A security clearance determination is not intended to punish a person for past conduct or circumstances. Instead, these decisions serve as predictive judgments about an individual’s security suitability, where the person’s past conduct is the best indicator of future behavior.”
Procedural posture
- SOR issuedJun 10, 2015
- Answer filedJun 30, 2015Applicant waived his right to a hearing.
- Hearing held—Case decided on the written record.
- Decision dateFeb 9, 2016
Cite for
- Denial of Security Clearance Due to Criminal Conduct Under Guideline J
- Importance of Taking Responsibility for Past Criminal Behavior in Security Clearance Cases
- Predictive Nature of Security Clearance Determinations Based on Past Conduct.