Summary
A 50-year-old information technology specialist was denied a security clearance due to concerns under Guideline E (Personal Conduct), Guideline H (Drug Involvement), and Guideline J (Criminal Conduct). The Statement of Reasons detailed the applicant's history, including marijuana use on at least 12 occasions between 1998 and 2001 while holding a security clearance.
The applicant also had a series of arrests for assault and battery and domestic violence. These included arrests in October 1990 (charges dismissed), April 1999 (charges dismissed or declined), October 2001 (guilty plea, charges dismissed after diversion), September 2004 (convicted, sentenced to a year in jail and a $1,500 fine), November 2006 (guilty plea, six months in jail), and a protective order violation in November 2006 (Alford plea, 30 days in jail). The most recent incident was an arrest for assault and battery in January 2014, resulting in a conviction and a sentence of 180 days in jail, with 160 days suspended.
While the judge found the drug involvement mitigated due to the passage of time and the applicant's commitment to abstain, the criminal conduct and personal conduct concerns were not mitigated. The denial was based on the applicant's history of multiple domestic violence arrests and convictions, a lack of remorse, and his current probation for a recent domestic violence conviction.
Why the Applicant Was Denied
- The applicant has a history of multiple domestic violence arrests and convictions, which raise significant concerns about his judgment and reliability.
- The applicant did not express remorse for his actions and portrayed himself as a victim of collusion, undermining his credibility.
- The applicant is currently on probation for a recent domestic violence conviction, indicating ongoing issues with compliance and behavior.
Conditions Referenced
- AG ¶ 31(a)appliedCriminal Conduct - Serious Crime or Multiple Lesser Offenses
- AG ¶ 31(c)appliedCriminal Conduct - Allegation or Admission of Criminal Conduct
- AG ¶ 31(g)appliedCriminal Conduct - Currently on Probation
- AG ¶ 25(a)appliedDrug Involvement - Drug Abuse
- AG ¶ 25(c)appliedDrug Involvement - Illegal Drug Possession
- AG ¶ 25(g)appliedDrug Involvement - Illegal Drug Use After Clearance Granted
- AG ¶ 16(c)appliedPersonal Conduct - Credible Adverse Information
- AG ¶ 16(d)appliedPersonal Conduct - Credible Adverse Information Not Covered by Other Guidelines
- AG ¶ 32(c)appliedCriminal Conduct - Did Not Commit the Offense
- AG ¶ 26(a)appliedDrug Involvement - Behavior Happened so Long Ago
- AG ¶ 26(b)appliedDrug Involvement - Demonstrated Intent Not to Abuse Drugs
Key Rule Quoted
“[N]o one has a ‘right’ to a security clearance.”
Procedural Posture
- SOR issuedFeb 13, 2015
- Answer filedMar 4, 2015
- Hearing heldJun 3, 2015
- Decision dateAug 19, 2015
Cite For
- Denial Based on Multiple Domestic Violence Incidents Under Guideline J
- Mitigating Conditions for Drug Involvement Under Guideline H Due to Passage of Time
- Impact of Personal Conduct on Security Clearance Eligibility Under Guideline E