Summary
A 52-year-old defense contractor employee, with continuous employment since 1992, was denied a security clearance under Guideline J (Criminal Conduct). The denial stemmed from two Driving While Intoxicated (DWI) convictions in 1983, which resulted in a sentence of imprisonment exceeding one year. These convictions triggered disqualifying conditions J.a, J.b, and J.c, specifically citing allegations of criminal conduct, multiple offenses, and a state court conviction with a sentence over one year.
Despite the applicant presenting evidence of rehabilitation, including a clean record for over 20 years, and the application of mitigating conditions J.a, J.d, and J.f, the clearance was ultimately denied. A waiver had been recommended based on his rehabilitation and the significant time elapsed since his last conviction.
However, the denial was mandated by the statutory provisions of the Smith Amendment, codified in 10 U.S.C. Section 986. This statute specifically disqualifies individuals convicted of a crime and sentenced to imprisonment for a term exceeding one year, without allowing for exceptions based on rehabilitation or the passage of time since the conviction.
Why the Applicant Was Denied
- The applicant was convicted of a crime and sentenced to imprisonment for a term exceeding one year, disqualifying him under 10 U.S.C. Section 986.
- The statutory provision of the Smith Amendment does not allow for exceptions based on rehabilitation or the passage of time since the conviction.
Conditions Referenced
- J.araisedAllegations or Admissions of Criminal Conduct
- J.braisedA Single Serious Crime or Multiple Lesser Offenses
- J.cappliedConviction in a Federal or a State Court of a Crime and Sentenced to Imprisonment for a Term Exceeding One Year
- J.aappliedThe Criminal Behavior Was Not Recent
- J.dappliedThe Factors Leading to the Violation Are Not Likely to Recur
- J.fappliedThere Is Clear Evidence of Successful Rehabilitation
Key Rule Quoted
“The responsibility for producing evidence initially falls on the Government to demonstrate that it is not clearly consistent with the national interest to grant or continue Applicant's access to classified information.”
Procedural Posture
- SOR issuedSep 16, 2002
- Answer filedOct 5, 2002Applicant admitted allegations and requested a waiver.
- Hearing held—Decision made on the record.
- Decision dateAug 11, 2003
Cite For
- Disqualification Under 10 U.S.C. Section 986 Due to Imprisonment Exceeding One Year
- Impact of the Smith Amendment on Security Clearance Eligibility
- Consideration of Rehabilitation in the Context of Statutory Disqualifications