Summary
A 42-year-old applicant was denied a security clearance under Guideline J (Criminal Conduct) due to a 1983 conviction for assault in the second degree. This conviction stemmed from a road rage incident, for which the applicant was initially arrested for assault in the first degree. The charge was subsequently reduced, and the applicant was convicted of assault in the second degree, receiving a suspended sentence of three years imprisonment.
Despite evidence of rehabilitation and no further criminal conduct since the 1983 incident, the applicant's security clearance was denied. The denial was based on the disqualifying effect of 10 U.S.C. §986, which prohibits granting a security clearance to individuals convicted of certain crimes resulting in a sentence of imprisonment exceeding one year.
The applicant's criminal conduct raised security concerns under Guideline J, and while several mitigating conditions were considered, the statutory disqualification under 10 U.S.C. §986 ultimately led to the denial of the security clearance.
Why the applicant was denied
- The applicant was convicted of a crime and sentenced to imprisonment for a term exceeding one year, which disqualifies him under 10 U.S.C. §986.
- The applicant's criminal conduct raised security concerns under Guideline J, despite evidence of rehabilitation.
Conditions referenced
- E2.A10.1.2.1raisedAllegations or Admissions of Criminal Conduct, Regardless of Whether the Person Was Formally Charged
- E2.A10.1.2.2raisedA Single Serious Crime or Multiple Lesser Offenses
- E2.A10.1.2.3raisedConviction in a Federal or State Court, Including a Court-martial of a Crime and Sentenced to Imprisonment for a Term Exceeding One Year
- E2.A10.1.3.1appliedThe Criminal Behavior Was Not Recent
- E2.A10.1.3.2appliedThe Crime Was an Isolated Incident
- E2.A10.1.3.4appliedThe Person Did Not Voluntarily Commit the Act And/or the Factors Leading to the Violation Are Not Likely to Recur
- E2.A10.1.3.6appliedThere Is Clear Evidence of Successful Rehabilitation
Key rule quoted
“A history or pattern of criminal activity creates doubt about a person's judgment, reliability and trustworthiness.”
Procedural posture
- SOR issuedSep 24, 2002
- Answer filedOct 30, 2002Applicant elected to have the case decided on the written record.
- Hearing held—No hearing; decided on the written record.
- Decision dateMar 12, 2003
Cite for
- Disqualifying Effect of 10 U.S.C. §986 on Security Clearance Eligibility
- Impact of Past Criminal Conduct Under Guideline J
- Successful Rehabilitation May Not Mitigate Disqualifying Conditions Under Certain Statutes