Summary
A 39-year-old defense contractor employee was granted a security clearance despite concerns under Guideline E (Personal Conduct) and Guideline J (Criminal Conduct). Disqualifying conditions were raised regarding the applicant's past criminal conduct and potential falsification of his security clearance application.
The judge determined that the applicant's criminal conduct was not serious and occurred over 20 years prior, with the most recent incident in 1989. The applicant demonstrated significant rehabilitation, having engaged in no further criminal activity since that time.
Crucially, the judge found no intent to mislead the government on the security clearance application. Given the remoteness of the past conduct, the applicant's sustained period of good behavior, and the lack of intent to falsify information, the security clearance was granted.
Why the Applicant Prevailed
- The applicant's criminal conduct was not recent, with the most serious incidents occurring over 20 years ago.
- The applicant demonstrated rehabilitation by having no further misconduct since 1989.
- The judge found no intent to mislead the government regarding the applicant's security clearance application.
Conditions Referenced
- E2.A5.1.2.2raisedDeliberate Omission, Concealment, or Falsification of Relevant and Material Facts
- E2.A10.1.2.1raisedAllegations or Admissions of Criminal Conduct
- E2.A5.1.3.1appliedInformation Was Not Pertinent to a Determination of Judgment, Trustworthiness, or Reliability
- E2.A10.1.3.1appliedCriminal Behavior Was Not Recent
- E2.A10.1.3.6appliedClear Evidence of Rehabilitation
Key Rule Quoted
“"A person who seeks access to classified information enters into a fiduciary relationship with the Government predicated upon trust and confidence."”
Procedural Posture
- SOR issuedDec 3, 2001
- Answer filedDec 18, 2001
- Hearing heldMar 13, 2002
- Decision dateJul 31, 2002
Cite For
- Mitigation of Criminal Conduct Under Guideline J Due to Time Elapsed Since Incidents
- Lack of Intent to Mislead in Security Clearance Applications Under Guideline E
- Consideration of Rehabilitation in Security Clearance Determinations