Summary
A 58-year-old defense contractor manager was denied a security clearance under Guideline J (Criminal Conduct) due to a history of drug-related offenses and a forgery conviction. The applicant's criminal record included a December 1975 arrest and subsequent guilty plea in March 1976 for possession of a contraband substance with intent to distribute, resulting in a three-year prison sentence.
Additionally, in January 1975, the applicant was arrested for marijuana possession and transportation, found guilty, and initially sentenced to 90 days incarceration and 36 months probation. His probation was revoked in June 1976, leading to a concurrent sentence of 2 to 10 years incarceration, of which he served 15 months in a Federal Prison Camp. An FBI record also cited a July 1968 felony arrest for marijuana possession, which the applicant denied but the judge concluded occurred. Furthermore, in July 1964, the applicant was arrested for forgery of a U.S. Treasury check, receiving 18 months probation and restitution.
Despite demonstrating rehabilitation and community contributions over the past 27 years, the judge determined that the applicant's convictions and sentences, specifically those exceeding one year of imprisonment, rendered him ineligible for a security clearance under 10 U.S.C. § 986. This statute prohibits clearance for individuals with such convictions, leading to the denial of his application.
Why the applicant was denied
- The applicant was convicted of drug-related offenses and sentenced to imprisonment for more than one year, which is disqualifying under 10 U.S.C. § 986.
- The judge found that the applicant's criminal conduct, although dated, fell within the statutory prohibition against granting a security clearance.
Conditions referenced
- J.araisedAllegations or Admissions of Criminal Conduct
- J.braisedA Single Serious Crime or Multiple Lesser Offenses
- J.craisedConviction in a Federal or State Court of a Crime and Sentenced to Imprisonment for a Term Exceeding One Year
- J.aappliedThe Criminal Behavior Was Not Recent
- J.fappliedThere Is Clear Evidence of Successful Behavior
Key rule quoted
“A person seeking access to classified information enters into a fiduciary relationship with the Government based upon trust and confidence.”
Procedural posture
- SOR issuedDec 13, 2002
- Answer filedJan 15, 2003Applicant elected for a hearing.
- Hearing heldMar 12, 2003
- Decision dateMay 5, 2003
Cite for
- Application of 10 U.S.C. § 986 Regarding Security Clearance Eligibility
- Impact of Historical Criminal Conduct on Current Security Clearance Decisions
- Consideration of Rehabilitation Efforts in the Context of Disqualifying Conditions