Summary
A 52-year-old defense contractor employee was granted a security clearance despite concerns under Guideline F (Financial Considerations) and Guideline J (Criminal Conduct). The applicant had a history of financial difficulties, including two bankruptcy filings in 1987 and 1997, the latter of which was dismissed in 1999 due to missed payments and debt to 17 creditors. Additionally, his wages were garnished by one creditor from 1998-2000, and a tax lien was filed against him in 1999, with the debt settled in 2001. He also settled a bank debt in 2003 and made payment arrangements for another outstanding balance.
Regarding criminal conduct, the applicant was charged in January 1998 with Unlawful Possession of Alcoholic Beverage and Driving Under the Influence (DUI). He was found guilty of the possession charge, paying a fine and costs, but was found not guilty of DUI.
The clearance was granted because the applicant demonstrated significant efforts to resolve most outstanding debts, including paying several creditors and consistently making payments on another. He also showed financial responsibility by living within his income. The criminal conduct was considered isolated, and the applicant provided evidence of rehabilitation through his job performance.
Why the applicant prevailed
- The applicant has resolved or is in the process of resolving most of his outstanding debts.
- He has demonstrated financial responsibility and lives within his income.
- The applicant's criminal conduct was isolated and he has shown evidence of rehabilitation through his job performance.
Conditions referenced
- F.1raisedA History of Not Meeting Financial Obligations
- F.3raisedInability or Unwillingness to Satisfy Debts
- J.1raisedAllegations or Admissions of Criminal Conduct, Regardless of Whether the Person Was Formally Charged
- F.4appliedThere Are Clear Indications That the Problem Is Being Resolved or Is Under Control
- F.6appliedThe Individual Initiated a Good-faith Effort to Repay Overdue Creditors or Otherwise Resolve Debts
- J.1appliedThe Criminal Behavior Was Not Recent
- J.2appliedThe Crime Was an Isolated Incident
- J.6appliedThere Is Clear Evidence of Successful Rehabilitation
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 issuedApr 30, 2003
- Answer filedUndated
- Hearing heldSep 30, 2003
- Decision dateJan 22, 2004
Cite for
- Mitigation of Financial Issues Under Guideline F
- Isolated Criminal Conduct Under Guideline J
- Evidence of Rehabilitation in Security Clearance Cases