Summary
A 46-year-old Program Analyst, employed by a U.S. Government contractor, was denied a Secret security clearance due to a felony forgery conviction from 1975. The denial was based on Guideline J (Criminal Conduct), specifically citing disqualifying conditions J.a, J.b, and J.c.
While the judge acknowledged the applicant's demonstrated rehabilitation and lack of recent criminal conduct, applying mitigating conditions J.a, J.b, and J.f, the statutory prohibition outlined in 10 U.S.C. Sec. 986(a) was determinative. This statute prohibits granting security clearances to individuals with felony convictions resulting in imprisonment exceeding one year.
The judge noted that this statutory prohibition applies irrespective of the time elapsed since the offense, leading to the denial of the security clearance application.
Why the Applicant Was Denied
- The applicant was convicted of a felony (forgery) and sentenced to imprisonment exceeding one year, which is disqualifying under 10 U.S.C. Sec. 986(a).
- The judge noted that the statutory prohibition against granting security clearances applies regardless of the time elapsed since the offense.
Conditions Referenced
- J.araisedAllegations or Admissions of Criminal Conduct
- J.braisedA Single Serious Crime or Multiple Lesser Offenses
- J.craisedConviction in a Federal or State Court of a Crime and Sentenced to Imprisonment for a Term Exceeding One Year
- J.aappliedThe Criminal Behavior Was Not Recent
- J.bappliedThe Crime Was an Isolated Incident
- J.fappliedThere Is Clear Evidence of Successful Rehabilitation
Key Rule Quoted
“"A decision to grant or continue an applicant's security clearance may be made only upon an affirmative finding that to do so is clearly consistent with the national interest."”
Procedural Posture
- SOR issuedOct 18, 2001
- Answer filedNov 5, 2001Applicant elected to proceed without a hearing.
- Hearing held—Case decided on the written record.
- Decision dateApr 22, 2002
Cite For
- Application of 10 U.S.C. Sec. 986(a) Regarding Felony Convictions and Security Clearances
- Consideration of Rehabilitation in Security Clearance Determinations
- Impact of Statutory Prohibitions on Security Clearance Eligibility