ISCR Case 15-05757

Case Headnote

ISCR Case No. 15-05757

grantedApr 20, 2016· Hon. Carol G. Ricciardello· hearing

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

Disqualifying

2.b.(1)raisedCriminal Conduct
2.b.(2)raisedCharges or Admission of Criminal Conduct
2.b.(3)raisedDishonest Acts

Mitigating

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.

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

¶	Allegation	Finding	Type	Response	Disqualifying (¶19)	Mitigating applied (¶20)	Mitigation
1.a	Applicant had a 2007 state tax lien ($1,290) that he satisfied before he purchased his house in 2008. $1,290	For Applicant	Tax Unpaid	Unknown	(b) unwillingness to satisfy debts regardless of ability	(c) received/receiving counseling; problem being resolved	—
1.b–1.g	6 sub-charges — specific text not stated in this decision (for the applicant). (low confidence)	For Applicant			—	—	—

Allegation

Finding

Type

Response

Disqualifying (¶19)

Mitigating applied (¶20)

Mitigation

1.a

Applicant had a 2007 state tax lien ($1,290) that he satisfied before he purchased his house in 2008.

$1,290

For Applicant

Tax Unpaid

Unknown

(b) unwillingness to satisfy debts regardless of ability

(c) received/receiving counseling; problem being resolved

—

1.b–1.g

6 sub-charges — specific text not stated in this decision (for the applicant). (low confidence)

For Applicant

—

¶	Allegation	Finding	Offense	Criminal disposition	Response	Disqualifying (¶31)	Mitigating applied (¶32)	Mitigation
1.a	Applicant was arrested while on active duty in December 1995 by military police and was charged with possession of marijuana. He was giving a person a ride and was unaware the person possessed marijuana. After the arrest, the person admitted Applicant was unaware of the marijuana, and the charge was dismissed.	For Applicant	Drug Related Criminal Charge	Dismissed or Nolle Prossed	Denied	(b) evidence of criminal conduct, regardless of charge or conviction (c) currently on parole or probation	(a) so much time has passed, or unusual circumstances, that it is unlikely to recur (c) no reliable evidence the individual committed the offense	Credited Acknowledgment and Remorse
1.b	In April 2002, Applicant was arrested for disorderly conduct. He acknowledged he was intoxicated and was held in custody until he was sober and then released.	For Applicant	Unspecified Criminal Conduct	Arrested Not Charged	Denied	(b) evidence of criminal conduct, regardless of charge or conviction (c) currently on parole or probation	(a) so much time has passed, or unusual circumstances, that it is unlikely to recur (c) no reliable evidence the individual committed the offense	Credited Acknowledgment and Remorse
1.c	In May 2002, Applicant was charged with failure to obey a police officer and 3rd degree assault. The charges were dismissed when the witnesses failed to appear in court.	For Applicant	Assault or Battery	Dismissed or Nolle Prossed	Denied	(b) evidence of criminal conduct, regardless of charge or conviction (c) currently on parole or probation	(a) so much time has passed, or unusual circumstances, that it is unlikely to recur (c) no reliable evidence the individual committed the offense	Credited Acknowledgment and Remorse
1.d	In May 2004, Applicant was arrested for driving under the influence (DUI) of liquor. The charge was dismissed when the police officer failed to appear in court.	For Applicant	DUI or DWI Criminal	Dismissed or Nolle Prossed	Denied	(b) evidence of criminal conduct, regardless of charge or conviction (c) currently on parole or probation	(a) so much time has passed, or unusual circumstances, that it is unlikely to recur (c) no reliable evidence the individual committed the offense	Credited Acknowledgment and Remorse
1.e	In May 2005, Applicant was arrested and charged with DUI. He was found guilty, fined, ordered to attend a course for DUI offenders, suspension of his license for a year, and probation for a year.	For Applicant	DUI or DWI Criminal	Convicted	Denied	(b) evidence of criminal conduct, regardless of charge or conviction (c) currently on parole or probation	(a) so much time has passed, or unusual circumstances, that it is unlikely to recur (c) no reliable evidence the individual committed the offense	Credited Acknowledgment and Remorse
1.f	In February 2010, Applicant was arrested and charged with 3rd degree theft of property. He pled guilty to the charge and paid a fine.	For Applicant	Theft or Larceny	Convicted	Denied	(b) evidence of criminal conduct, regardless of charge or conviction (c) currently on parole or probation	(a) so much time has passed, or unusual circumstances, that it is unlikely to recur (c) no reliable evidence the individual committed the offense	Credited Acknowledgment and Remorse
1.g	specific text not stated in this decision	For Applicant	Unspecified Criminal Conduct	—	Unknown	—	—	—

Allegation

Finding

Offense

Criminal disposition

Response

Disqualifying (¶31)

Mitigating applied (¶32)

Mitigation

1.a

Applicant was arrested while on active duty in December 1995 by military police and was charged with possession of marijuana. He was giving a person a ride and was unaware the person possessed marijuana. After the arrest, the person admitted Applicant was unaware of the marijuana, and the charge was dismissed.

For Applicant

Drug Related Criminal Charge

Dismissed or Nolle Prossed

Denied

(b) evidence of criminal conduct, regardless of charge or conviction

(c) currently on parole or probation

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

(c) no reliable evidence the individual committed the offense

Credited

Acknowledgment and Remorse

1.b

In April 2002, Applicant was arrested for disorderly conduct. He acknowledged he was intoxicated and was held in custody until he was sober and then released.

For Applicant

Unspecified Criminal Conduct

Arrested Not Charged

Denied

(b) evidence of criminal conduct, regardless of charge or conviction

(c) currently on parole or probation

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

(c) no reliable evidence the individual committed the offense

Credited

Acknowledgment and Remorse

1.c

In May 2002, Applicant was charged with failure to obey a police officer and 3rd degree assault. The charges were dismissed when the witnesses failed to appear in court.

For Applicant

Assault or Battery

Dismissed or Nolle Prossed

Denied

(b) evidence of criminal conduct, regardless of charge or conviction

(c) currently on parole or probation

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

(c) no reliable evidence the individual committed the offense

Credited

Acknowledgment and Remorse

1.d

In May 2004, Applicant was arrested for driving under the influence (DUI) of liquor. The charge was dismissed when the police officer failed to appear in court.

For Applicant

DUI or DWI Criminal

Dismissed or Nolle Prossed

Denied

(b) evidence of criminal conduct, regardless of charge or conviction

(c) currently on parole or probation

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

(c) no reliable evidence the individual committed the offense

Credited

Acknowledgment and Remorse

1.e

In May 2005, Applicant was arrested and charged with DUI. He was found guilty, fined, ordered to attend a course for DUI offenders, suspension of his license for a year, and probation for a year.

For Applicant

DUI or DWI Criminal

Convicted

Denied

(b) evidence of criminal conduct, regardless of charge or conviction

(c) currently on parole or probation

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

(c) no reliable evidence the individual committed the offense

Credited

Acknowledgment and Remorse

1.f

In February 2010, Applicant was arrested and charged with 3rd degree theft of property. He pled guilty to the charge and paid a fine.

For Applicant

Theft or Larceny

Convicted

Denied

(b) evidence of criminal conduct, regardless of charge or conviction

(c) currently on parole or probation

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

(c) no reliable evidence the individual committed the offense

Credited

Acknowledgment and Remorse

1.g

specific text not stated in this decision

For Applicant

Unspecified Criminal Conduct

—

Unknown

—

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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

FORMAL FINDINGS

CONCLUSION