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Summary

A 49-year-old over-the-road truck driver for a defense contractor was granted a security clearance despite initial concerns under Guideline E (Personal Conduct) and Guideline J (Criminal Conduct). The Statement of Reasons detailed a history of criminal conduct, including a January 1975 larceny conviction, a February 1975 arrest for simple assault, and a felony conviction for possession of marijuana over four ounces. Further allegations included a 1982 arrest for theft by check, an arrest for carrying a prohibited weapon, and a 1985 conviction for aggravated assault resulting in a 10-year prison sentence.

Additional charges included illegal possession of amphetamine in 1986 and a capias issued for failure to report to a probation officer and pay court-ordered costs, fees, and restitution. The applicant was also alleged to have deliberately falsified his Security Clearance Application by failing to disclose his 1975 felony marijuana conviction. Initially, the applicant was deemed disqualified under 10 U.S.C. § 986.

However, following a remand due to amendments in 10 U.S.C. § 986, the judge found that the applicant's prior convictions did not bar him from receiving a clearance. The amendments clarified conditions under which a clearance could be denied, and the applicant did not serve jail time for his convictions. The judge determined that the failure to disclose a conviction was an oversight, not deliberate falsification, and noted the applicant's successful rehabilitation with no criminal conduct in the last 11 years. Based on these factors, the security clearance was granted.

Why the applicant prevailed

• The applicant demonstrated successful rehabilitation with no criminal conduct in the last 11 years.
• The amendments to 10 U.S.C. § 986 allowed for the granting of a clearance as the applicant did not serve time in jail for his convictions.
• The judge found the applicant's failure to disclose a conviction was an oversight, not a deliberate act.

Conditions referenced

Key rule quoted

“"The prohibition on granting security clearances to applicants convicted of crimes for which they were sentenced to more than one year in jail applies only to cases in which the applicant actually served at least a year in jail."”

Procedural posture

• SOR issuedMar 3, 2003
• Answer filedMar 22, 2003
• Hearing heldApr 5, 2004
• Decision dateDec 9, 2004Remand decision following amendments to 10 U.S.C. § 986.

Cite for

• Successful Rehabilitation Mitigating Criminal Conduct Under Guideline J
• Oversight in Disclosure of Past Convictions Under Guideline E
• Impact of Amendments to 10 U.S.C. § 986 on Security Clearance Eligibility