Summary
A 28-year-old security guard was granted a security clearance despite concerns under Guideline E (Personal Conduct) and Guideline J (Criminal Conduct). The applicant had a 1996 felony burglary conviction, which he did not report on his SF 86 or a 2000 private employment application. He believed his record was expunged after completing his sentence, leading to his non-disclosure.
The Statement of Reasons alleged the applicant failed to report his felony conviction from 1996, which involved burglary from an auto and resulted in a deferred conviction and sentence contingent on probation, community service, and payment of fees and restitution. The failure to report these events on his 2002 SF 86 and the 2000 private employment application was specifically noted as not deliberate.
The judge found that the security concerns were mitigated. The applicant's failure to report was due to confusion, not deliberate intent to falsify. Significant time had passed since the 1996 incident, and the applicant demonstrated rehabilitation with no further legal issues for nine years. His positive employment record and community standing further supported the decision to grant the security clearance.
Why the Applicant Prevailed
- The applicant's failure to report the conviction was not deliberate due to confusion about the expungement process.
- The applicant demonstrated rehabilitation and had no further legal issues for nine years after the incident.
- The applicant's positive employment record and community standing supported the decision to grant clearance.
Conditions Referenced
- E2.A5.1.1raisedQuestionable Judgment, Unreliability, and Unwillingness to Comply with Rules and Regulations
- E2.A10.1.1raisedCriminal Conduct
- E2.A5.1.2.2rejectedDeliberate Omission, Concealment, or Falsification of Relevant and Material FactsThe applicant had no intent to deceive.
- E2.A10.1.3.1appliedCriminal Behavior Not Recent
- E2.A10.1.3.2appliedIsolated Incident
- E2.A10.1.3.6appliedClear Evidence of Successful Rehabilitation
Key Rule Quoted
“"The objective of the security clearance process is the fair-minded, commonsense assessment of a person's trustworthiness and fitness for access to classified information."”
Procedural Posture
- SOR issuedNov 16, 2004
- Answer filedNov 29, 2004
- Hearing heldFeb 28, 2005Record left open for additional exhibits until 03/29/2005.
- Decision dateMar 8, 2006
Cite For
- Mitigation of Security Concerns Due to Lack of Intent to Falsify Under Guideline E
- Consideration of Rehabilitation and Time Elapsed Since Criminal Conduct Under Guideline J
- Whole Person Analysis in Security Clearance Determinations