Summary
A 40-year-old CEO with a history of eight arrests over 19 years was granted a security clearance, despite initial concerns under Guideline G (Alcohol Consumption) and Guideline J (Criminal Conduct). The applicant's record included three DUI arrests, an aggravated assault charge (resulting in a conviction for transmitting a provocative gesture), attempted drug use, and charges related to credit card fraud, resisting arrest, and forgery, which were later dropped or dismissed. Other incidents involved battery charges, one against his pregnant wife and another by his stepfather, both of which were dismissed.
The applicant's last offense occurred three years prior to the decision, marking a significant period without further criminal behavior. While some charges resulted in convictions, many were dismissed or reduced. The government conceded that the alcohol consumption concerns were mitigated, and the applicant demonstrated successful rehabilitation and positive behavioral changes following past incidents.
Ultimately, the judge found that granting the security clearance was consistent with national interest, applying mitigating conditions related to the passage of time, positive changes in behavior, and the nature of the offenses.
Why the applicant prevailed
- The applicant's last offense occurred three years prior, showing a significant gap in criminal behavior.
- The applicant demonstrated successful rehabilitation and positive changes in behavior after past incidents.
- The government conceded that the alcohol consumption concerns were mitigated.
Conditions referenced
- DC 1raisedAllegations or Admissions of Criminal Conduct, Regardless of Whether the Person Was Formally Charged.
- DC 2raisedA Single Serious Crime or Multiple Lesser Offenses.
- MC 1appliedThe Criminal Behavior Was Not Recent.
- MC 5appliedAcquittal.
- MC 6appliedThere Is Clear Evidence of Successful Rehabilitation.
- MC 2appliedThe Problem Occurred a Number of Years Ago and There Is No Indication of a Recent Problem.
- MC 3appliedPositive Changes in Behavior Supportive of Sobriety.
Key rule quoted
“"[N]o one has a 'right' to a security clearance."”
Procedural posture
- SOR issuedApr 30, 2003
- Answer filedJun 16, 2003Applicant responded to SOR allegations.
- Hearing heldFeb 5, 2004Hearing convened to determine security clearance.
- Decision dateJun 8, 2004
Cite for
- Mitigation of Criminal Conduct Under Guideline J Due to Time Elapsed Since Last Offense
- Successful Rehabilitation in the Context of Multiple Arrests
- Mitigation of Alcohol Consumption Concerns When Supported by Professional Evaluation