Summary
A 46-year-old systems engineer was granted a security clearance despite past issues under Guideline E (Personal Conduct) and Guideline J (Criminal Conduct). The Statement of Reasons detailed allegations that the applicant falsified his latest security clearance application by omitting a 1997 police citation for threatening and intimidating conduct. Further allegations stated he made a false report to the police and lied to the court regarding these 1997 charges.
Additionally, the applicant was arrested and charged with two second-degree sexual felony offenses in 1987, pleading guilty to a third-degree sexual felony in 1988 and receiving probation. The 1997 charges were later dismissed, and the applicant stated he inadvertently failed to disclose that citation.
The judge found that the applicant's criminal conduct was mitigated by several factors. There had been a significant passage of time since the criminal conduct with no further incidents. The applicant demonstrated successful rehabilitation through therapy and a stable family life, and provided strong evidence of good character and support from family and colleagues. Based on these mitigating factors, the security clearance was granted.
Why the applicant prevailed
- The applicant demonstrated successful rehabilitation through therapy and stable family life.
- There was a significant passage of time since the criminal conduct, with no further incidents reported.
- The applicant provided strong evidence of good character and support from family and colleagues.
Conditions referenced
- CC DC E2.A10.1.2.1raisedAllegation or Admission of Criminal Misconduct, Regardless of Whether the Person Was Formally Charged
- CC DC E2.A10.1.2.2raisedA Single Serious Crime or Multiple Lesser Offenses
- CC MC E2.A10.1.3.1appliedThe Criminal Behavior Was Not Recent
- CC MC E2.A10.1.3.6appliedThere Is Clear Evidence of Successful Rehabilitation
- PC MC E2.A5.2.1appliedThe Behavior Occurred a Long Time Ago and There Is Evidence of Rehabilitation
Key rule quoted
“The sole purpose of a security clearance determination is to decide if it is clearly consistent with the national interest to grant or continue a security clearance for an applicant.”
Procedural posture
- SOR issuedApr 27, 2004
- Answer filedMay 28, 2004Applicant submitted a notarized response.
- Hearing heldOct 11, 2005Hearing included testimony from the applicant and a witness.
- Decision dateNov 30, 2005
Cite for
- Successful Rehabilitation Mitigating Criminal Conduct Under Guideline J
- Consideration of the Passage of Time in Mitigating Past Criminal Behavior
- Support From Family and Colleagues as a Factor in Granting Security Clearance