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Summary

The applicant, a 49-year-old defense contractor with a high school diploma and military training, sought a security clearance under Guidelines C, E, and J. He had a prior felony conviction for child abuse, which was mitigated by evidence of rehabilitation, stable lifestyle, and lack of recent criminal conduct. The judge found that the applicant had overcome the government's concerns regarding criminal conduct and foreign influence, ultimately granting the security clearance.

Under Guideline C (Foreign Preference), Guideline E (Personal Conduct), and Guideline J (Criminal Conduct), the Statement of Reasons alleged the following: The Applicant's wife is from Indonesia. He met her over the internet on January 1, 1999. He married her in April 1999, and she first came to the United States in August 1999. She is not a citizen of the United States. The Applicant states that she intends to apply for United States citizenship when she becomes eligible (2.a). In 1998, the Applicant met his previous girlfriend from Thailand over the internet. He traveled to see her in August 1998, during his two week vacation. He gave her $50.00 while he was visiting her. On at least one other occasion, he sent her $100.00. Since 1998, he has had no contact with her, or with anyone else in Thailand (2.b). The Government alleges that the Applicant is ineligible for a determination of trustworthiness and access to sensitive personal information because he has engaged in conduct involving questionable judgment, untrustworthiness and unreliability (3.a). The Government alleges that the Applicant is ineligible for a determination of trustworthiness and access to sensitive personal information because he has engaged in criminal conduct (1.a). The Applicant was charged with (1) Corporal Injury to a Child, a felony, and (2) Child Abuse - Willful Cruelty to a Child, a felony (2.a). On October 5, 1992, he pled guilty to count 2, and count 1 was dismissed (2.b). The Applicant has engaged in no other criminal conduct either before or after the conviction (3.a).

The judge granted the clearance. The government raised disqualifying conditions J.1, B.1, E.1. The judge applied mitigating conditions J.2, J.3, C.1. The decision turned on the following: The applicant demonstrated successful rehabilitation after a felony conviction over ten years ago; He maintained a stable lifestyle and complied with all court requirements post-conviction; There was no evidence of current foreign influence or that his wife was an agent of a foreign power.

Why the applicant prevailed

• The applicant demonstrated successful rehabilitation after a felony conviction over ten years ago.
• He maintained a stable lifestyle and complied with all court requirements post-conviction.
• There was no evidence of current foreign influence or that his wife was an agent of a foreign power.

Conditions referenced

Key rule quoted

“The adjudicative process is an examination of a sufficient period of a person's life to make an affirmative determination that the person is eligible for a security clearance.”

Procedural posture

• SOR issuedNov 5, 2001
• Answer filedNov 20, 2001
• Hearing heldMar 5, 2002Applicant requested a continuance that was denied.
• Decision dateApr 12, 2002

Cite for

• Successful Rehabilitation After a Felony Conviction Under Guideline J
• Lack of Recent Criminal Conduct as a Mitigating Factor
• No Evidence of Foreign Influence Under Guideline C