Summary
A 44-year-old trucker, employed by a defense contractor since 1995, was granted a security clearance despite initial concerns under Guideline E (Personal Conduct) and Guideline J (Criminal Conduct). Disqualifying conditions included past criminal conduct (J.a, J.b) and personal conduct issues (E.2).
The applicant successfully mitigated these concerns by demonstrating a seven-year period without any adverse incidents, indicating successful rehabilitation. His omissions on security forms were not deemed intentional, as he had proactively disclosed other significant adverse information in response to different questions.
Furthermore, the applicant presented a strong work record and established a general reputation for truthfulness within his workplace, supported by positive references from both co-workers and management. These factors collectively led to the granting of his security clearance.
Why the Applicant Prevailed
- The applicant has not had any adverse incidents for over seven years, demonstrating successful rehabilitation.
- The applicant's omissions on security forms were not intentional, as he disclosed substantial adverse information in response to other questions.
- The applicant has a general reputation for truthfulness in his workplace, supported by positive references from co-workers and management.
Conditions Referenced
- J.araisedAllegations or Admissions of Criminal Conduct
- J.braisedA Single Serious Crime or Multiple Lesser Offenses
- E.2raisedThe Deliberate Omission, Concealment, or Falsification of Relevant and Material Facts
- J.aappliedThe Criminal Behavior Was Not Recent
- J.dappliedThe Factors Leading to the Violation Are Not Likely to Recur
- J.fappliedThere Is Clear Evidence of Successful Rehabilitation
- E.2appliedThe Falsification Was an Isolated Incident, Was Not Recent, and the Individual Has Subsequently Provided Correct Information Voluntarily
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 issuedSep 30, 2002
- Answer filedNov 4, 2002Notarized response to SOR.
- Hearing heldSep 3, 2003Hearing rescheduled multiple times.
- Decision dateDec 17, 2003
Cite For
- Successful Rehabilitation After a History of Criminal Conduct Under Guideline J
- Mitigation of Personal Conduct Concerns Due to Lack of Intent to Falsify Information Under Guideline E
- Importance of Positive Workplace Reputation and Character References in Security Clearance Decisions