ISCR Case 14-04454.h1

Case Headnote

ISCR Case No. 14-04454.h1

grantedMay 29, 2015· Hon. LeRoy F. Foreman· hearing

Summary

A 35-year-old engineering technician, holding a security clearance since 2009, faced a DOHA review under Guideline E (Personal Conduct) and Guideline J (Criminal Conduct). The Statement of Reasons detailed several past incidents. These included a December 2009 arrest for DWI, speeding, and an open container (DWI and open container dismissed, fine paid for speeding); a July 2012 charge for speeding and DWI, which resulted in a guilty plea to reckless driving, 30 days community service, 12 months unsupervised probation, and a required alcohol and drug education course.

Further allegations included a May 2002 felony hit-and-run resulting in injury, to which the applicant pleaded guilty to a misdemeanor on legal advice, and a November 2001 arrest for marijuana possession, which was dismissed after he completed a first-offender diversion program. The applicant candidly disclosed these past events.

Despite the disqualifying conditions raised, the judge applied several mitigating conditions. The decision to grant the security clearance was based on the applicant's demonstrated significant rehabilitation and positive behavioral changes since his last arrest. He was found to be candid and remorseful about his past conduct, and his work performance and character were supported by positive testimonials from supervisors. The judge concluded that the applicant had established himself as a responsible employee and family man.

Why the Applicant Prevailed

The applicant demonstrated significant rehabilitation and positive behavioral changes since his last arrest.
He was candid and remorseful about his past conduct during the hearing.
The applicant's work performance and character were supported by positive testimonials from supervisors.

Conditions Referenced

Disqualifying

AG ¶ 16(c)raisedCredible Adverse Information in Several Adjudicative Issue Areas
AG ¶ 16(d)raisedCredible Adverse Information Not Explicitly Covered Under Any Other Guideline
AG ¶ 31(a)raisedA Single Serious Crime or Multiple Lesser Offenses
AG ¶ 31(c)raisedAllegation or Admission of Criminal Conduct

Mitigating

AG ¶ 17(c)appliedThe Offense Is so Minor, or so Much Time Has Passed
AG ¶ 17(d)appliedThe Individual Has Acknowledged the Behavior and Obtained Counseling
AG ¶ 17(e)appliedThe Individual Has Taken Positive Steps to Reduce or Eliminate Vulnerability
AG ¶ 32(a)appliedSo Much Time Has Elapsed Since the Criminal Behavior Happened
AG ¶ 32(d)appliedEvidence of Successful Rehabilitation

Key Rule Quoted

“Eligibility for a security clearance is predicated upon the applicant meeting the criteria contained in the AG.”
— Exec. Or. 10865, Safeguarding Classified Information within Industry § 2 (Feb. 20, 1960), as amended.

Procedural Posture

SOR issuedOct 27, 2014
Answer filedNov 28, 2014
Hearing heldMar 25, 2015Rescheduled from March 24, 2015.
Decision dateMay 29, 2015

Cite For

Demonstrating Rehabilitation After Past Criminal Conduct Under Guideline J
The Importance of Candid Self-disclosure in Security Clearance Cases
The Application of the Whole-person Concept in Security Clearance Determinations.

Editorial summary generated for research. Not legal advice; not a prediction. Verify against the full decision before relying on any quoted language.

¶	Allegation	Finding	Conduct	Concealed Issue	Response	Disqualifying (¶16)	Mitigating applied (¶17)	Mitigation
1.a	The applicant was arrested in December 2009 for driving while intoxicated (DWI), speeding, and having an open container of alcohol in his vehicle. The open container belonged to a passenger. He also disclosed that the DWI and open-container charges were dismissed but that he paid a fine for speeding.	For Applicant	Questionable Judgment General	—	Admitted	—	(c) offense is minor, long ago, infrequent, or unique circumstances (d) acknowledged the behavior; counseling/positive steps taken (e) positive steps to reduce vulnerability to exploitation	—
1.b	The applicant was charged with speeding and DWI in July 2012. He pleaded guilty to reckless driving as a lesser offense of DWI and was sentenced to 30 days of community service and unsupervised probation for 12 months. He was required to attend an alcohol and drug education course.	For Applicant	Questionable Judgment General	—	Admitted	—	(c) offense is minor, long ago, infrequent, or unique circumstances (d) acknowledged the behavior; counseling/positive steps taken (e) positive steps to reduce vulnerability to exploitation	—
1.c	specific text not stated in this decision	Withdrawn	Unspecified Personal Conduct	—	Unknown	—	—	—
1.d	The applicant was arrested in May 2002 for a hit-and-run resulting in injury, a felony. He testified that he rented a car for a friend, who was involved in an accident and ran away because he did not have a driver’s license. Applicant was charged because he was the registered driver on the rental contract. On the advice of his attorney, he pleaded guilty to a misdemeanor rather than risk a felony conviction.	For Applicant	Questionable Judgment General	—	Admitted	—	(c) offense is minor, long ago, infrequent, or unique circumstances (d) acknowledged the behavior; counseling/positive steps taken (e) positive steps to reduce vulnerability to exploitation	—
1.e	The applicant was arrested in November 2001 and charged with possession of marijuana. In his answer, the applicant admitted the allegation and stated that the charge was dismissed. He testified that he was treated as a first offender, completed a diversion program, and the charge was dismissed.	For Applicant	Questionable Judgment General	—	Admitted	—	(c) offense is minor, long ago, infrequent, or unique circumstances (d) acknowledged the behavior; counseling/positive steps taken (e) positive steps to reduce vulnerability to exploitation	—

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

1.a

The applicant was arrested in December 2009 for driving while intoxicated (DWI), speeding, and having an open container of alcohol in his vehicle. The open container belonged to a passenger. He also disclosed that the DWI and open-container charges were dismissed but that he paid a fine for speeding.

For Applicant

Questionable Judgment General

—

Admitted

—

(c) offense is minor, long ago, infrequent, or unique circumstances

(d) acknowledged the behavior; counseling/positive steps taken

(e) positive steps to reduce vulnerability to exploitation

—

1.b

The applicant was charged with speeding and DWI in July 2012. He pleaded guilty to reckless driving as a lesser offense of DWI and was sentenced to 30 days of community service and unsupervised probation for 12 months. He was required to attend an alcohol and drug education course.

For Applicant

Questionable Judgment General

—

Admitted

—

(c) offense is minor, long ago, infrequent, or unique circumstances

(d) acknowledged the behavior; counseling/positive steps taken

(e) positive steps to reduce vulnerability to exploitation

—

1.c

specific text not stated in this decision

Withdrawn

Unspecified Personal Conduct

—

Unknown

—

1.d

The applicant was arrested in May 2002 for a hit-and-run resulting in injury, a felony. He testified that he rented a car for a friend, who was involved in an accident and ran away because he did not have a driver’s license. Applicant was charged because he was the registered driver on the rental contract. On the advice of his attorney, he pleaded guilty to a misdemeanor rather than risk a felony conviction.

For Applicant

Questionable Judgment General

—

Admitted

—

(c) offense is minor, long ago, infrequent, or unique circumstances

(d) acknowledged the behavior; counseling/positive steps taken

(e) positive steps to reduce vulnerability to exploitation

—

1.e

The applicant was arrested in November 2001 and charged with possession of marijuana. In his answer, the applicant admitted the allegation and stated that the charge was dismissed. He testified that he was treated as a first offender, completed a diversion program, and the charge was dismissed.

For Applicant

Questionable Judgment General

—

Admitted

—

(c) offense is minor, long ago, infrequent, or unique circumstances

(d) acknowledged the behavior; counseling/positive steps taken

(e) positive steps to reduce vulnerability to exploitation

—

¶	Allegation	Finding	Offense	Criminal disposition	Response	Disqualifying (¶31)	Mitigating applied (¶32)	Mitigation
2.a	Applicant was arrested in December 2009 for driving while intoxicated (DWI), speeding, and having an open container of alcohol in his vehicle. The open container belonged to a passenger. He also disclosed that the DWI and open-container charges were dismissed but that he paid a fine for speeding.	For Applicant	DUI or DWI Criminal	Dismissed or Nolle Prossed	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability (c) currently on parole or probation	(a) so much time has passed, or unusual circumstances, that it is unlikely to recur (d) evidence of successful rehabilitation (time, restitution, employment, etc.)	Credited Passage of Time Credited Explanation of Omission Credible

Allegation

Finding

Offense

Criminal disposition

Response

Disqualifying (¶31)

Mitigating applied (¶32)

Mitigation

2.a

Applicant was arrested in December 2009 for driving while intoxicated (DWI), speeding, and having an open container of alcohol in his vehicle. The open container belonged to a passenger. He also disclosed that the DWI and open-container charges were dismissed but that he paid a fine for speeding.

For Applicant

DUI or DWI Criminal

Dismissed or Nolle Prossed

Admitted

(a) pattern of minor offenses casting doubt on judgment/reliability

(c) currently on parole or probation

(a) so much time has passed, or unusual circumstances, that it is unlikely to recur

(d) evidence of successful rehabilitation (time, restitution, employment, etc.)

Credited

Passage of Time

Credited

Explanation of Omission Credible

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Case Profile

Summary

Why the Applicant Prevailed

Conditions Referenced

Key Rule Quoted

Procedural Posture

Cite For

Full decision

DEFENSE OFFICE OF HEARINGS AND APPEALS

HEARING

APPEARANCES

STATEMENT OF CASE

FINDINGS OF FACT

POLICIES

ANALYSIS

WHOLE PERSON CONCEPT

FORMAL FINDINGS

CONCLUSION