ISCR Case 02-33766.h1

Case Headnote

ISCR Case No. 02-33766.h1

grantedNov 30, 2005· Hon. Mary E. Henry· hearing

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

Disqualifying

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

Mitigating

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

Editorial summary generated for research. Not legal advice; not a prediction. Verify against the full decision before relying on any quoted language.

¶	Allegation	Finding	Conduct	Concealed Issue	Response	Disqualifying (¶16)	Mitigating applied (¶17)	Mitigation
1.a	The applicant falsified material facts on his latest security clearance application when he failed to list the 1997 police citation for threatening and intimidating conduct.	For Applicant	Omission or Failure to DiscloseNOT DELIBERATESELF-CORRECTED	Other	Denied	—	—	Claimed Corrected Falsification Promptly
1.b	The applicant made a false report to the police when he gave a statement, denying that he made a threatening statement in January 1997.	For Applicant	Lack of Candor in Interview	—	Denied	—	—	—
1.c	The applicant lied to the court regarding the threatening and intimidating charges.	For Applicant	Lack of Candor in Interview	—	Unknown	—	—	—

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

1.a

The applicant falsified material facts on his latest security clearance application when he failed to list the 1997 police citation for threatening and intimidating conduct.

For Applicant

Omission or Failure to DiscloseNOT DELIBERATESELF-CORRECTED

Other

Denied

—

Claimed

Corrected Falsification Promptly

1.b

The applicant made a false report to the police when he gave a statement, denying that he made a threatening statement in January 1997.

For Applicant

Lack of Candor in Interview

—

Denied

—

1.c

The applicant lied to the court regarding the threatening and intimidating charges.

For Applicant

Lack of Candor in Interview

—

Unknown

—

¶	Allegation	Finding	Offense	Criminal disposition	Response	Disqualifying (¶31)	Mitigating applied (¶32)	Mitigation
2.a	Applicant was arrested and charged with two second degree sexual felony offenses in 1987 and cited for threatening and intimidating acts in 1997. He pled guilty to a third degree sexual felony offense in 1988 and was placed on probation.	For Applicant	Sexual Offense Criminal	Convicted	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability (b) evidence of criminal conduct, regardless of charge or conviction	(a) so much time has passed, or unusual circumstances, that it is unlikely to recur (b) pressured/coerced and unlikely to recur absent that pressure	Credited Passage of Time Credited Rehabilitation Evidence
2.b	The court dismissed the case related to the 1997 charges.	For Applicant	Unspecified Criminal Conduct	Dismissed or Nolle Prossed	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability (b) evidence of criminal conduct, regardless of charge or conviction	(a) so much time has passed, or unusual circumstances, that it is unlikely to recur (b) pressured/coerced and unlikely to recur absent that pressure	Credited Passage of Time Credited Rehabilitation Evidence
2.c	He inadvertently failed to disclose the 1997 citation in his security application.	For Applicant	Unspecified Criminal Conduct	Conduct No Charge	Admitted	—	(a) so much time has passed, or unusual circumstances, that it is unlikely to recur (b) pressured/coerced and unlikely to recur absent that pressure	Credited Passage of Time Credited Rehabilitation Evidence

Allegation

Finding

Offense

Criminal disposition

Response

Disqualifying (¶31)

Mitigating applied (¶32)

Mitigation

2.a

Applicant was arrested and charged with two second degree sexual felony offenses in 1987 and cited for threatening and intimidating acts in 1997. He pled guilty to a third degree sexual felony offense in 1988 and was placed on probation.

For Applicant

Sexual Offense Criminal

Convicted

Admitted

(a) pattern of minor offenses casting doubt on judgment/reliability

(b) evidence of criminal conduct, regardless of charge or conviction

(a) so much time has passed, or unusual circumstances, that it is unlikely to recur

(b) pressured/coerced and unlikely to recur absent that pressure

Credited

Passage of Time

Credited

Rehabilitation Evidence

2.b

The court dismissed the case related to the 1997 charges.

For Applicant

Unspecified Criminal Conduct

Dismissed or Nolle Prossed

Admitted

(a) pattern of minor offenses casting doubt on judgment/reliability

(b) evidence of criminal conduct, regardless of charge or conviction

(a) so much time has passed, or unusual circumstances, that it is unlikely to recur

(b) pressured/coerced and unlikely to recur absent that pressure

Credited

Passage of Time

Credited

Rehabilitation Evidence

2.c

He inadvertently failed to disclose the 1997 citation in his security application.

For Applicant

Unspecified Criminal Conduct

Conduct No Charge

Admitted

—

(a) so much time has passed, or unusual circumstances, that it is unlikely to recur

(b) pressured/coerced and unlikely to recur absent that pressure

Credited

Passage of Time

Credited

Rehabilitation Evidence

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Case Profile

Summary

Why the Applicant Prevailed

Conditions Referenced

Key Rule Quoted

Procedural Posture

Cite For

Full decision

DEFENSE OFFICE OF HEARINGS AND APPEALS

HEARING

APPEARANCES

STATEMENT OF CASE

FINDINGS OF FACT

POLICIES

CONCLUSION

FORMAL FINDINGS

DECISION

FOOTNOTES