Summary
A 65-year-old applicant was denied a SECRET security clearance under Guideline J (Criminal Conduct) due to a felony conviction from 1958. The applicant had been arrested and charged with larceny in the nighttime, a felony, and subsequently convicted. The sentence included 10 years in prison, all suspended, and three years of probation. Additionally, the applicant was involved in other criminal incidents, including an alcohol-related arrest in 1981, which was reduced to reckless driving.
Despite a spotless record since 1981 and evidence of rehabilitation, the clearance was denied. The primary reason for denial was the 1958 felony conviction for larceny, which resulted in a suspended sentence of 10 years. This conviction triggered the disqualifying provisions of 10 U.S.C. § 986, which prohibits security clearances for individuals sentenced to more than one year of imprisonment.
The disqualifying conditions E2.A10.1.2.1, E2.A10.1.2.2, and E2.A10.1.2.3 were raised. While mitigating conditions E2.A10.1.3.1, E2.A10.1.3.6, and E2.A10.1.3.2 were applied, the statutory prohibition under 10 U.S.C. § 986 ultimately led to the denial of the security clearance.
Why the Applicant Was Denied
- The applicant had a felony conviction for larceny resulting in a suspended sentence of 10 years and probation.
- The applicant's conviction fell under the disqualifying provisions of 10 U.S.C. § 986, which prohibits clearance for those sentenced to more than one year imprisonment.
- The applicant's criminal conduct raised security concerns under Guideline J, despite evidence of rehabilitation.
Conditions Referenced
- E2.A10.1.2.1raisedCriminal Conduct Disqualifying ConditionAllegations or admissions of criminal conduct, regardless of whether the person was formally charged.
- E2.A10.1.2.2raisedCriminal Conduct Disqualifying ConditionA single serious crime or multiple lesser offenses.
- E2.A10.1.2.3raisedCriminal Conduct Disqualifying ConditionConviction in a Federal or State court, including a court-martial of a crime and sentenced to imprisonment for a term exceeding one year.
- E2.A10.1.3.1appliedCriminal Conduct Mitigating ConditionThe criminal behavior was not recent.
- E2.A10.1.3.6appliedCriminal Conduct Mitigating ConditionThere is clear evidence of successful rehabilitation.
- E2.A10.1.3.2rejectedCriminal Conduct Mitigating ConditionThe crime was not found to be an isolated incident.
Key Rule Quoted
“A history or pattern of criminal activity creates doubt about a person's judgment, reliability and trustworthiness.”
Procedural Posture
- SOR issuedAug 8, 2003
- Answer filedSep 2, 2003Applicant elected to have the case decided on the written record.
- Hearing held—No hearing was held.
- Decision dateMay 3, 2004
Cite For
- Disqualifying Effect of 10 U.S.C. § 986 on Security Clearance Eligibility
- Successful Rehabilitation Under Guideline J
- Impact of Historical Criminal Conduct on Current Security Clearance Decisions