Summary
A 45-year-old defense contractor employee was denied a security clearance under Guideline J (Criminal Conduct) due to a history of felony convictions and subsequent illegal conduct. The Statement of Reasons detailed three felony convictions from 1977 and 1978. In September 1977, the Applicant was charged with Burglary after an accomplice stole $200 from a restaurant, leading to a guilty plea for Storehouse Breaking. A week later, he was involved in stealing a car, breaking into two houses, and was found with marijuana, resulting in a conviction for Daytime House Breaking.
Following release from incarceration, in October 1978, the Applicant was again arrested and charged with Burglary after he and an accomplice took $43,000 worth of costume jewelry from a store, for which he was found guilty of Storehouse Breaking. Although he had no further arrests after his December 1979 release, he engaged in illegal substance use for 14 years, including marijuana use from 1980 to the early 1990s, and became addicted to crack cocaine in 1994.
The denial was based on the three felony convictions, which resulted in sentences exceeding one year. The judge found that the Applicant's continued illegal conduct and drug addiction after incarceration were significant factors. Ultimately, the Applicant did not demonstrate sufficient reform or rehabilitation to mitigate the disqualifying conditions, and the provisions of 10 U.S.C. §986 precluded a favorable decision.
Why the applicant was denied
- The Applicant has three felony convictions, including burglary, which resulted in sentences exceeding one year.
- The Applicant's continued illegal conduct and drug addiction post-incarceration were significant factors against granting clearance.
- The judge determined that the Applicant did not demonstrate sufficient reform or rehabilitation to mitigate the disqualifying conditions.
Conditions referenced
- J.1.araisedCriminal Conduct
- J.1.braisedCriminal Conduct
- J.1.craisedCriminal Conduct
Key rule quoted
“. . . a person who has been convicted in a Federal or State court . . . and sentenced to imprisonment for a term exceeding one year, and was incarcerated as a result of that sentence for not less than one year, may not be granted or have renewed access to classified information.”
Procedural posture
- SOR issuedOct 17, 2003
- Answer filedNov 16, 2003
- Hearing heldApr 2, 2004initially scheduled for March 5, 2004, but continued at Applicant's request
- Decision dateDec 29, 2005Decision on remand after multiple appeals and remands
Cite for
- Application of 10 U.S.C. §986 Regarding Felony Convictions
- Impact of Continued Illegal Conduct on Security Clearance Eligibility
- Criteria for Demonstrating Reform and Rehabilitation Under Guideline J