ISCR Case 02-22603.h4

Case Headnote

ISCR Case No. 02-22603.h4

deniedDec 29, 2005· Hon. Richard A. Cefola· hearing

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

Disqualifying

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.”
— 10 U.S.C. §986

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

Editorial summary generated for research. Not legal advice; not a prediction. Verify against the full decision before relying on any quoted language.

¶	Allegation	Finding	Offense	Criminal disposition	Response	Disqualifying (¶31)	Mitigating applied (¶32)	Mitigation
1.a	In September of 1977, the Applicant was arrested and subsequently charged with Burglary. One of his accomplices broke into a restaurant at about 1:00 a.m. in the morning and took $200 in cash. He pled guilty to a charge of Storehouse Breaking.	Against Applicant	Trespassing or Burglary	Convicted	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability	—	—
1.b	A week later, in September of 1977, the Applicant was involved in a second incident where he and an accomplice stole a car, broke into two houses, and, when he was arrested, marijuana was found in his possession. He was subsequently convicted of Daytime House Breaking.	Against Applicant	Trespassing or Burglary	Convicted	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability	—	—
1.c	A month after being released from incarceration, in October of 1978, the Applicant was arrested and subsequently charged with Burglary. He and an accomplice took $43,000 worth of costume jewelry from a store at about 2:00 a.m. He was found guilty of Storehouse Breaking.	Against Applicant	Trespassing or Burglary	Convicted	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability	—	—
1.d	Although the Applicant has had no further arrests since his release from incarceration in December of 1979, he soon thereafter began to use illegal substances, and this unlawful conduct continued for the next 14 years. From 1980 to 1986, he smoked marijuana a 'couple [of] times a week'. He continued this marijuana use, on and off, through the remainder of the 1980s through the early 1990s, until he became addicted to crack cocaine in 1994.	Against Applicant	Drug Related Criminal Charge	Conduct No Charge	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability	—	—
1.e	The Applicant's continued, post incarceration, criminal conduct is clearly not meritorious conduct; and as such, this case does not merit the waiver provision of the federal statute. Under the provisions of 10 U.S.C. 986, as amended, mitigation is not shown, and Guideline J is found against the Applicant.	Against Applicant	Unspecified Criminal Conduct	Conduct No Charge	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability	—	—

Allegation

Finding

Offense

Criminal disposition

Response

Disqualifying (¶31)

Mitigating applied (¶32)

Mitigation

1.a

In September of 1977, the Applicant was arrested and subsequently charged with Burglary. One of his accomplices broke into a restaurant at about 1:00 a.m. in the morning and took $200 in cash. He pled guilty to a charge of Storehouse Breaking.

Against Applicant

Trespassing or Burglary

Convicted

Admitted

(a) pattern of minor offenses casting doubt on judgment/reliability

—

1.b

A week later, in September of 1977, the Applicant was involved in a second incident where he and an accomplice stole a car, broke into two houses, and, when he was arrested, marijuana was found in his possession. He was subsequently convicted of Daytime House Breaking.

Against Applicant

Trespassing or Burglary

Convicted

Admitted

(a) pattern of minor offenses casting doubt on judgment/reliability

—

1.c

A month after being released from incarceration, in October of 1978, the Applicant was arrested and subsequently charged with Burglary. He and an accomplice took $43,000 worth of costume jewelry from a store at about 2:00 a.m. He was found guilty of Storehouse Breaking.

Against Applicant

Trespassing or Burglary

Convicted

Admitted

(a) pattern of minor offenses casting doubt on judgment/reliability

—

1.d

Although the Applicant has had no further arrests since his release from incarceration in December of 1979, he soon thereafter began to use illegal substances, and this unlawful conduct continued for the next 14 years. From 1980 to 1986, he smoked marijuana a 'couple [of] times a week'. He continued this marijuana use, on and off, through the remainder of the 1980s through the early 1990s, until he became addicted to crack cocaine in 1994.

Against Applicant

Drug Related Criminal Charge

Conduct No Charge

Admitted

(a) pattern of minor offenses casting doubt on judgment/reliability

—

1.e

The Applicant's continued, post incarceration, criminal conduct is clearly not meritorious conduct; and as such, this case does not merit the waiver provision of the federal statute. Under the provisions of 10 U.S.C. 986, as amended, mitigation is not shown, and Guideline J is found against the Applicant.

Against Applicant

Unspecified Criminal Conduct

Conduct No Charge

Admitted

(a) pattern of minor offenses casting doubt on judgment/reliability

—

Loading case…

Case Profile

Summary

Why the Applicant Was Denied

Conditions Referenced

Key Rule Quoted

Procedural Posture

Cite For

Full decision

DEFENSE OFFICE OF HEARINGS AND APPEALS

HEARING

APPEARANCES

STATEMENT OF CASE

FINDINGS OF FACT

POLICIES

CONCLUSION

FORMAL FINDINGS

DECISION

FOOTNOTES