Summary
A 47-year-old support engineer was denied a security clearance under Guideline J (Criminal Conduct) due to a 1977 conviction for vehicular homicide. This conviction stemmed from driving while intoxicated, which resulted in the death of another individual. The Statement of Reasons cited allegations of criminal conduct and a single, serious crime.
While the applicant demonstrated successful rehabilitation and long-term alcohol abstinence, the nature of the conviction presented an insurmountable barrier. The applicant was sentenced to a term of imprisonment of up to five years.
This sentence length triggered a disqualification under 10 U.S.C. §986, which prohibits granting a security clearance to individuals convicted of certain offenses carrying a potential prison sentence exceeding one year. Despite mitigating factors related to rehabilitation, the statutory disqualification led to the denial of the security clearance.
Why the Applicant Was Denied
- The applicant was convicted of vehicular homicide, a serious crime resulting in the death of another person.
- The applicant was sentenced to a term of imprisonment of up to five years, which disqualifies him under 10 U.S.C. §986.
Conditions Referenced
- J.araisedAllegations or Admissions of Criminal Conduct
- J.braisedA Single Serious Crime
- J.craisedConviction in a Federal or State Court, Including a Court-marital of a Crime and Sentenced to Imprisonment for a Term Exceeding One Year
- J.aappliedThe Criminal Behavior Was Not Recent
- J.bappliedThe Crime Was an Isolated Incident
- J.dappliedThe Factors Leading to the Violation Are Not Likely to Recur
- J.fappliedThere Is Clear Evidence of Successful Rehabilitation
Key Rule Quoted
“A person who seeks access to classified information enters into a fiduciary relationship with the Government predicated upon trust and confidence.”
Procedural Posture
- SOR issuedAug 7, 2002
- Answer filedSep 4, 2002Applicant requested a hearing.
- Hearing heldFeb 7, 2003Hearing rescheduled from January 7, 2003.
- Decision dateApr 3, 2003
Cite For
- Disqualifying Conditions Under Guideline J Due to Serious Criminal Conduct
- Impact of 10 U.S.C. §986 on Security Clearance Eligibility
- Successful Rehabilitation Considerations in the Context of Past Criminal Conduct