Summary
A 49-year-old defense contractor was denied a security clearance due to significant concerns under Guideline D (Sexual Behavior), Guideline E (Personal Conduct), and Guideline J (Criminal Conduct). The denial stemmed from criminal conduct in December 1994, when the applicant engaged in sexually perverted conduct with his minor daughter. He was subsequently arrested and charged with Aggravated Sexual Assault and Indecency with a Child, both felonies.
The applicant pleaded nolo contendere to both charges and received a sentence of ten years of community supervision under a Deferred Adjudication of Guilt statute. He was also ordered to attend alcohol and behavior counseling. A key factor in the denial was the lack of credible evidence that he had completed the court-ordered behavior counseling or that a counselor had deemed him fit to live with his family.
The judge determined that the applicant's criminal conduct, involving sexual offenses against his minor children, raised serious doubts about his judgment and reliability. Despite the passage of time since the incidents, the incomplete therapy and ongoing probation were deemed insufficient to mitigate these concerns, leading to the denial of his security clearance.
Why the applicant was denied
- The applicant's criminal conduct involved sexual offenses against his minor children, raising serious concerns about his judgment and reliability.
- The applicant has not completed court-ordered behavior counseling, which is necessary for assessing his fitness for clearance.
- The passage of time since the offenses was insufficient to mitigate the doubts about the applicant's trustworthiness.
Conditions referenced
- E2.A4.1.2.1raisedSexual Behavior of a Criminal Nature, Whether or Not the Individual Has Been Prosecuted
- E2.A4.1.2.3raisedSexual Behavior That Causes an Individual to Be Vulnerable to Coercion, Exploitation, or Duress
- E2.A4.1.2.4raisedSexual Behavior Which Reflects Lack of Discretion or Judgment
- E2.A10.1.2.1raisedAllegations or Admission of Criminal Conduct, Regardless of Whether the Person Was Formally Charged
- E2.A10.1.2.2raisedA Single Serious Crime or Multiple Lesser Offenses
- E2.A5.1.2.4raisedPersonal Conduct or Concealment of Information That Increases an Individual's Vulnerability to Coercion, Exploitation or Duress
- E2.A4.1.3.2appliedThe Behavior Was Not Recent and There Is No Evidence of Subsequent Conduct of a Similar Nature
- E2.A10.1.3.1appliedThe Criminal Behavior Was Not Recent
Key rule quoted
“It is not clearly consistent with the national interest to grant or continue a security clearance for applicant.”
Procedural posture
- SOR issuedOct 16, 2003
- Answer filedNov 9, 2003Applicant elected to proceed without a hearing.
- Hearing held—Case determined on written record.
- Decision dateJul 30, 2004
Cite for
- Denial of Clearance Due to Egregious Criminal Conduct Involving Minors
- Impact of Incomplete Rehabilitation on Security Clearance
- Significance of Time Elapsed Since Criminal Conduct in Security Clearance Determinations