Summary
A 33-year-old male applicant was denied a security clearance under Guideline J (Criminal Conduct) due to a history of criminal offenses, including a felony conviction. In 1991, at age 20, the applicant was arrested and pleaded guilty to breaking into two businesses. He was sentenced to three years and six months imprisonment, with six months to be served in work detention and the remaining three years suspended, subject to three years of supervised probation. This felony conviction, which resulted in a sentence of imprisonment for more than one year, disqualified him under 10 U.S.C. § 986, precluding a grant of clearance absent a meritorious waiver by the Secretary of Defense.
Despite the applicant presenting evidence of rehabilitation and a lack of recent felonies, the judge found that his prior conviction and subsequent DUI offenses raised significant security concerns. The decision highlighted that the applicant's recent DUI offenses indicated ongoing issues with judgment and reliability.
Ultimately, the applicant failed to provide clear evidence of successful rehabilitation. Consequently, the security clearance was denied without a recommendation for a waiver.
Why the applicant was denied
- The applicant was convicted of a felony and sentenced to imprisonment for more than one year, which disqualifies him under 10 U.S.C. § 986.
- The applicant's recent DUI offenses indicated ongoing issues with judgment and reliability.
- The applicant failed to provide clear evidence of successful rehabilitation.
Conditions referenced
- J.araisedAllegations or Admissions of Criminal Conduct, Regardless of Whether the Person Was Formally Charged
- J.braisedA Single Serious Crime or Multiple Lesser Offenses
- J.craisedConviction in a Federal or State Court, Including a Court-martial of a Crime and Sentence to Imprisonment for a Term Exceeding One Year
- J.arejectedThe Criminal Behavior Was Not RecentThe applicant's recent DUI offenses indicate ongoing criminal behavior.
- J.brejectedThe Crime Was an Isolated IncidentThe applicant's history includes multiple offenses.
- J.frejectedThere Is Clear Evidence of Successful RehabilitationThe applicant did not provide sufficient evidence of rehabilitation.
Key rule quoted
“Absent a waiver from the Secretary of Defense, the Department of Defense may not grant or continue a security clearance for any applicant who has been sentenced by a U.S. court to confinement for more than one year.”
Procedural posture
- SOR issuedJun 3, 2003
- Answer filedJun 12, 2003
- Hearing heldAug 27, 2003
- Decision dateDec 29, 2003
Cite for
- Disqualification Under 10 U.S.C. § 986 Due to Felony Conviction
- Impact of Recent Criminal Conduct on Security Clearance Eligibility
- Requirements for Demonstrating Successful Rehabilitation in Security Clearance Cases