Summary
The applicant, a 39-year-old defense contractor and military veteran, faced security concerns under Guidelines E, F, and J due to past criminal conduct, personal conduct issues, and financial difficulties stemming from a bankruptcy in 1998. The applicant successfully mitigated these concerns by demonstrating rehabilitation, resolving significant debts, and maintaining a stable financial situation since 2000. The judge granted the security clearance, citing the applicant's positive changes and lack of recent adverse conduct.
Under Guideline E (Personal Conduct), Guideline F (Financial Considerations), and Guideline J (Criminal Conduct), the Statement of Reasons alleged the following: Applicant filed for bankruptcy in January 1998 and the court discharged over $71,000 in debt (3.a). As part of the bankruptcy proceedings, he agreed to pay Creditor #1 over $1,335 in increments of $26 monthly for an air-conditioner, cam-corder, television, and rack system. However by April 2002 he had not made any payments (3.b). As part of the bankruptcy proceedings, he agreed to pay Creditor #1 a debt of $356 in increments of $13 monthly; however by April 2002 he had not made any payments (3.c). Applicant denied a debt to Creditor #2 for $66 and as of April 2001 the debt was unpaid (3.d). Applicant has a $7,000 debt to Creditor #3 that remains unresolved (3.e). Applicant admitted that in January 2000 he broke into the home of his ex-wife and her current husband and was arrested; he was charged with burglary residential in the first degree in May 2000. (SOR 1.a. and 2.a.) (1.a). Applicant admitted he was issued a citation for public drinking on the highway in September 2000 (SOR 1.b.) (1.b). Applicant admitted he was issued a citation for public drunkenness in August 1998. (SOR 1.c.) (1.c).
The judge granted the clearance. The government raised disqualifying conditions DC 1, DC 2, DC 3. The judge applied mitigating conditions MC 1, MC 5, MC 6, MC 3, MC 4. The decision turned on the following: The applicant demonstrated successful rehabilitation from past criminal conduct, including a 2000 incident that was not prosecuted; The applicant resolved significant debts through bankruptcy and has maintained a stable financial situation since 2000; The applicant has had no adverse conduct in the past three years, indicating control over personal and financial issues.
Why the applicant prevailed
- The applicant demonstrated successful rehabilitation from past criminal conduct, including a 2000 incident that was not prosecuted.
- The applicant resolved significant debts through bankruptcy and has maintained a stable financial situation since 2000.
- The applicant has had no adverse conduct in the past three years, indicating control over personal and financial issues.
Conditions referenced
- DC 1raisedAllegations or Admissions of Criminal Conduct, Regardless of Whether the Person Was Formally Charged
- DC 2raisedA Single Serious Crime or Multiple Lesser Offenses
- DC 1raisedReliable, Unfavorable Information Provided by Associates, Employers, Co-workers, Neighbors, and Other Acquaintances
- DC 1raisedA History of Not Meeting Financial Obligations
- DC 3raisedInability or Unwillingness to Satisfy Debts
- MC 1appliedThe Criminal Behavior Was Not Recent
- MC 5appliedAcquittal
- MC 6appliedThere Is Clear Evidence of Successful Rehabilitation
- MC 3appliedThe Conditions That Resulted in the Behavior Were Largely Beyond the Person's Control
- MC 4appliedThere Are Clear Indications That the Problem Is Being Resolved or Is Under Control
Key rule quoted
“The responsibility for producing evidence initially falls on the Government to demonstrate that it is not clearly consistent with the national interest to grant or continue Applicant's access to classified information.”
Procedural posture
- SOR issuedJan 14, 2003
- Answer filedUndated
- Hearing heldApr 10, 2003
- Decision dateJun 19, 2003
Cite for
- Successful Rehabilitation of Criminal Conduct Under Guideline J
- Mitigation of Financial Issues Through Bankruptcy and Stable Financial Management Under Guideline F
- Personal Conduct Improvements Leading to Favorable Outcomes Under Guideline E