Summary
A 42-year-old defense contractor was denied a security clearance under Guidelines D (Sexual Behavior), E (Personal Conduct), and J (Criminal Conduct) due to multiple felony convictions involving sexual offenses against his minor daughter. In December 1998, he was charged in State A with various offenses, including Child Abuse and Rape, stemming from conduct in December 1996. He pleaded guilty to one count of Sex Offense, fourth degree, and one count of Assault, second degree, receiving a sentence of eight years, with all but eighteen months suspended, and served over one year in jail.
In January 1999, the applicant was indicted in State B for Statutory Rape, Felonious Incest, and Indecent Liberties with a Child, based on conduct between July and August 1998. He pleaded guilty to Felonious Incest and Indecent Liberties with a Child, receiving two suspended sentences of 21 to 26 months, five years of supervised probation, and was ordered to pay $4,500 in restitution and $131 in court costs.
Despite these guilty pleas, the applicant consistently denied engaging in criminal or sexually perverted conduct with his daughter, stating in a September 2001 sworn statement that he plea-bargained to avoid a jury trial. The judge found his denials not credible, concluding that his criminal conduct and intentional misrepresentation of facts raised significant doubts about his judgment and trustworthiness, leading to the denial of his security clearance.
Why the Applicant Was Denied
- Applicant was convicted of multiple serious crimes involving sexual abuse of his minor daughter.
- Applicant's sentences exceeded one year, precluding him from receiving a security clearance under 10 U.S.C. 986.
- Applicant's denials of inappropriate conduct were deemed not credible, compounding doubts about his reliability and trustworthiness.
Conditions Referenced
- 1.2.1raisedAllegations or Admissions of Criminal Conduct, Regardless of Whether the Person Was Formally Charged.
- 1.2.2raisedA Single Serious Crime or Multiple Lesser Offenses.
- 1.2.1raisedSexual Behavior of a Criminal Nature.
- 1.2.4raisedSexual Behavior Which Reflects Lack of Discretion or Judgment.
Key Rule Quoted
“Even in the absence of 10 U.S.C. 986, applicant would not be eligible for a security clearance at the present time.”
Procedural Posture
- SOR issuedDec 21, 2001
- Answer filedJan 7, 2002Applicant elected to have case determined on a written record.
- Hearing held—No hearing; case determined on written record.
- Decision dateAug 28, 2002
Cite For
- Disqualifying Conditions Related to Criminal Conduct Under Guideline D
- Disqualifying Conditions Related to Sexual Behavior Under Guideline E
- Impact of Felony Convictions on Security Clearance Eligibility Under 10 U.S.C. 986.