Summary
A 43-year-old truck driver was denied a security clearance under Guideline J (Criminal Conduct) due to an extensive criminal history spanning from 1979 to 1995. This history included multiple arrests and convictions for drug-related offenses and acts of violence.
Specific incidents included a 1995 arrest for possession of amphetamine with intent to distribute, which resulted in an acquittal. In 1992, he was arrested for misdemeanor domestic violence/battery. Earlier, in 1988, he was convicted and sentenced to confinement and probation for distributing controlled substances and possession of methamphetamine. Another 1988 arrest for similar charges was dismissed due to a prior conviction. In 1987, he was arrested for multiple offenses, including possession of marijuana, amphetamine with intent, stolen property, and a stolen firearm, leading to a six-year incarceration when combined with the 1988 charges. Earlier arrests in 1986 included possession of a controlled substance (dismissed) and aggravated assault. His earliest recorded offense was a 1979 conviction for selling liquor to minors, resulting in a $25 fine.
The judge determined that despite the passage of time since his last offense, the applicant failed to demonstrate sufficient personal maturity or rehabilitation to mitigate the security concerns. Furthermore, the facts supporting the 1987 and 1988 convictions independently disqualified the applicant from receiving a Department of Defense security clearance under 10 U.S.C. 986, absent a waiver from the Secretary of Defense.
Why the Applicant Was Denied
- The applicant had a long history of criminal conduct, including multiple arrests and convictions for drug-related offenses and acts of violence.
- The judge found that the applicant did not demonstrate sufficient personal maturity or rehabilitation to mitigate the security concerns.
- The applicability of 10 U.S.C. 986 independently disqualified the applicant from holding a security clearance.
Conditions Referenced
- DC 1appliedAny Criminal Conduct
- DC 2appliedA Single Serious Crime or Multiple Lesser Offenses
- MC 1appliedThe Criminal Behavior Was Not Current
Key Rule Quoted
“"The Secretary of Defense may authorize a waiver of the prohibition . . . in meritorious cases."”
Procedural Posture
- SOR issuedJul 2, 2003
- Answer filedJul 26, 2003Applicant elected to proceed without a hearing.
- Hearing held—Decision made on the written record.
- Decision dateMar 22, 2004
Cite For
- Disqualifying Conditions Related to a History of Criminal Conduct Under Guideline J
- Impact of 10 U.S.C. 986 on Security Clearance Eligibility
- Mitigating Factors Related to the Recency of Criminal Behavior