Summary
This case concerns a 27-year-old single female applicant with an Associate in Science degree who sought a Secret-level DoD security clearance. The Statement of Reasons raised concerns under Guideline J (Criminal Conduct) due to a history of offenses. Specifically, the applicant was arrested in August 1994 for Petty Theft, pleading guilty and receiving two years of summary probation. In May 1996, she was detained for driving with a blood alcohol content of .05% as a minor. Her most serious offense occurred in May 1997, when she was arrested and charged with felony Grand Theft by Employee and Fraudulent Appropriation by Clerk, Agent or Employee. She ultimately pleaded guilty to a misdemeanor, receiving one day of confinement, a $150 fine, and three years of summary probation.
Disqualifying conditions J1 and J2 were raised. However, the Administrative Judge applied mitigating conditions J1 and J6, finding compelling evidence of the applicant's rehabilitation and maturity. Key factors included a six-year absence of any criminal activity since her last offense, educational achievements, and a positive employment history.
Additionally, strong character references from supervisors and family members attested to her current reliability and integrity. Based on this evidence, the Administrative Judge determined that the applicant had successfully mitigated the security concerns, and her security clearance was GRANTED.
Why the Applicant Prevailed
- The Applicant demonstrated a six-year period without any criminal activity since her last offense.
- Compelling evidence of rehabilitation was presented, including educational achievements and positive employment history.
- Strong character references from supervisors and family members supported the Applicant's current reliability and integrity.
Conditions Referenced
- J1raisedAllegations or Admission of Criminal Conduct, Regardless of Whether the Person Was Formally Charged
- J2raisedA Single Serious Crime or Multiple Lesser Offenses
- J1appliedThe Criminal Behavior Was Not Recent
- J6appliedThere Is Clear Evidence of Successful Rehabilitation
Key Rule Quoted
“The eligibility guidelines established in the DoD Directive identify personal characteristics and conduct which are reasonably related to the ultimate question of whether it is "clearly consistent with the national interest" to grant an Applicant's request for access to classified information.”
Procedural Posture
- SOR issuedFeb 12, 2003
- Answer filedFeb 28, 2003
- Hearing heldJun 26, 2003
- Decision dateOct 10, 2003
Cite For
- Successful Mitigation of Past Criminal Conduct Under Guideline J
- Importance of Rehabilitation Evidence in Security Clearance Cases
- Consideration of Character References in Assessing an Applicant's Current Reliability