Summary
A 42-year-old administrative assistant for a defense contractor was denied a security clearance due to a history of criminal conduct, primarily under Guideline J (Criminal Conduct). The applicant's record included a 1985 arrest for possession and conspiracy to distribute PCP, leading to a 1986 conviction and a three-year prison sentence. Subsequent arrests included possession of PCP in 1987 (no known disposition), theft in 1988 (no known disposition), and possession of cocaine in 1995, which was nolle prossed.
Despite evidence of rehabilitation and the last criminal conduct occurring in 1995, the Smith Amendment (10 U.S.C. § 986) was found applicable. This amendment disqualifies individuals convicted of a crime and sentenced to imprisonment for a term exceeding one year from receiving a security clearance without a waiver.
Because the applicant's 1986 conviction resulted in a three-year sentence, the Smith Amendment precluded the granting of a security clearance. Consequently, the application was denied.
Why the Applicant Was Denied
- The applicant was convicted in 1985 and sentenced to three years in prison, which falls under the disqualifying conditions of the Smith Amendment.
- The Smith Amendment precludes granting a security clearance to individuals convicted of a crime and sentenced to imprisonment for a term exceeding one year, regardless of the time served.
Conditions Referenced
- E2.A10.1.2.3appliedConviction in a Federal or State Court, Including a Court-martial, of a Crime and Sentenced to Imprisonment for a Term Exceeding One Year.
- E2.A10.1.2.1raisedAllegations 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.A10.1.3.1appliedThe Criminal Behavior Was Not Recent.
- E2.A10.1.3.6appliedThere Is Clear Evidence of Successful Rehabilitation.
- E2.A10.1.3.7appliedPotentially Disqualifying Condition E2.A10.1.2.3 May Not Be Mitigated Unless, Where Meritorious Circumstances Exist, the Secretary of Defense or the Secretary of the Military Department Concerned Has Granted a Waiver.
Key Rule Quoted
“A history or pattern of criminal activity creates doubt about a person's judgment, reliability and trustworthiness.”
Procedural Posture
- SOR issuedFeb 21, 2003
- Answer filedApr 11, 2003Applicant admitted all allegations except the applicability of the Smith Amendment.
- Hearing heldJul 30, 2003Hearing was rescheduled from June 24, 2003.
- Decision dateOct 29, 2003
Cite For
- Application of the Smith Amendment in Security Clearance Cases
- Impact of Criminal Conduct on Security Clearance Eligibility
- Evidence of Rehabilitation in Mitigating Criminal Conduct Concerns