Summary
A 42-year-old male applicant sought eligibility for a Common Access Card (CAC), with concerns raised under Guideline F (Financial Considerations) and Guideline J (Criminal Conduct). The applicant had a 2007 state tax lien for $1,290, which he satisfied before purchasing his house in 2008.
Regarding criminal conduct, the applicant had several past arrests. In December 1995, a marijuana possession charge was dismissed after another individual admitted the applicant was unaware of the substance. He was arrested for disorderly conduct in April 2002 due to intoxication. In May 2002, charges for failure to obey a police officer and 3rd-degree assault were dismissed when witnesses did not appear. A May 2004 DUI charge was dismissed due to the officer's non-appearance. However, in May 2005, he was found guilty of DUI, resulting in a fine, a required course, a one-year license suspension, and one year of probation. His last criminal incident was in February 2010, when he pled guilty to 3rd-degree theft of property and paid a fine.
Despite these past issues, the applicant demonstrated significant personal reform. He has not engaged in criminal conduct since 2010 and has abstained from alcohol since 2011. He credibly testified about the impact of his past behavior and his commitment to responsible fatherhood. Based on these substantial lifestyle changes and a demonstrated period of rehabilitation, the applicant's eligibility for a Common Access Card was GRANTED.
Why the applicant prevailed
- The applicant has not engaged in criminal conduct since 2010, demonstrating a significant period of rehabilitation.
- He credibly testified about the impact of his past behavior and his commitment to being a responsible father.
- The applicant has made substantial lifestyle changes, including abstaining from alcohol since 2011.
Conditions referenced
- 2.b.(1)raisedCriminal Conduct
- 2.b.(2)raisedCharges or Admission of Criminal Conduct
- 2.b.(3)raisedDishonest Acts
- 2.c.(1)appliedBehavior Happened Long Ago or Was Minor
- 2.c.(2)appliedCharges Were Dismissed or Evidence of Innocence
- 2.c.(4)appliedEvidence of Successful Rehabilitation
Key rule quoted
“The objective of the CAC credentialing process is the fair-minded commonsense assessment of a person’s life to make an affirmative determination that the person is an acceptable risk to have CAC eligibility.”
Procedural posture
- SOR issuedNov 13, 2015
- Answer filedDec 3, 2015
- Hearing heldMar 3, 2016
- Decision dateApr 20, 2016
Cite for
- Mitigation of Criminal Conduct Under Guideline F Due to Significant Life Changes
- Successful Rehabilitation After a History of Alcohol-related Offenses
- Consideration of the Applicant's Commitment to Family and Responsible Behavior in CAC Eligibility Decisions.