Summary
A 55-year-old engineering technician for a defense contractor was granted a security clearance despite a history of drug involvement and criminal conduct. The applicant had used marijuana from 1987 to 1997 and methamphetamines from 1992 to 1997, including while holding a security clearance between 1990 and 1994. This history included purchasing both substances during those periods.
In March 1997, the applicant was charged in State A with felony possession of methamphetamines and misdemeanor possession of drug paraphernalia. These actions raised concerns under Guideline H (Drug Involvement) and Guideline J (Criminal Conduct), specifically citing disqualifying conditions H.1, H.2, J.1, and J.2.
However, the applicant successfully completed a drug diversion program, which led to the dismissal of the criminal charges. The decision to grant the clearance was based on the application of mitigating conditions H.1, J.1, J.2, and J.6. Over five years had passed since the applicant's last drug-related incident, demonstrating a significant period of abstinence and rehabilitation, supported by evidence of positive conduct.
Why the applicant prevailed
- The applicant successfully completed a drug diversion program, resulting in the dismissal of her criminal charges.
- Five years had passed since the applicant's last drug-related incident, demonstrating a significant period of abstinence.
- The applicant provided evidence of rehabilitation and positive conduct during the period of abstinence.
Conditions referenced
- H.1raisedAny Drug Abuse
- H.2raisedIllegal Drug Possession, Including Cultivation, Processing, Manufacture, Purchase, Sale, or Distribution
- J.1raisedAllegations or Admissions of Criminal Conduct, Regardless of Whether the Person Was Formally Charged
- J.2raisedA Single Serious Crime or Multiple Lesser Offenses
- H.1appliedThe Drug Involvement Was Not Recent
- J.1appliedThe Criminal Behavior Cited in SOR 1.f. and 2.a. Is Not Recent, Having Occurred in March 1997
- J.2rejectedThe Single Act of Criminal Conduct Alleged in SOR 1.f. and 2.a Was an Isolated Incident in a Life of 55 Years
- J.6appliedThere Is Clear Evidence of Successful Rehabilitation
Key rule quoted
“An applicant's admission of the information in specific allegations relieves the Government of having to prove those allegations.”
Procedural posture
- SOR issuedAug 8, 2002
- Answer filedAug 28, 2002Applicant elected to proceed without a hearing.
- Hearing held—Decision made on the written record.
- Decision dateFeb 12, 2003
Cite for
- Demonstrated Rehabilitation After Drug-related Offenses
- Mitigation of Drug Use Due to the Passage of Time
- Consideration of the Whole Person Concept in Security Clearance Decisions