Summary
A 39-year-old applicant was denied a security clearance under Guideline J (Criminal Conduct) due to felony convictions from 1987. At age 21, the applicant was involved in five criminal incidents in November 1986, accompanying his roommate in breaking into five vehicles. He was subsequently charged with four counts of entering auto with intent to commit theft and one count of possession of tools for crime.
In April 1987, the applicant pleaded guilty to all felony charges and received a sentence of five years of confinement on each count, to be served concurrently, with a portion of the confinement to be served on probation. This criminal conduct raised Disqualifying Conditions E2.A10.1.2.1 (allegations or admissions of criminal conduct), E2.A10.1.2.2 (a single serious crime or multiple lesser offenses), and E2.A10.1.2.3 (conviction in a Federal or State court with a sentence exceeding one year).
Despite a clean record since the convictions and evidence of rehabilitation, the application was denied. The judge determined that the multiple felony convictions, which resulted in a sentence exceeding one year, triggered a statutory disqualification under 10 U.S.C. § 986, precluding the grant of a security clearance.
Why the Applicant Was Denied
- Applicant was convicted of multiple felonies resulting in a sentence exceeding one year, which disqualifies him under 10 U.S.C. § 986.
- The judge found that despite evidence of rehabilitation, the statutory mandate precluded granting a security clearance.
Conditions Referenced
- CC DC E2.A10.1.2.1raisedAllegations or Admissions of Criminal Conduct, Regardless of Whether the Person Was Formally Charged
- CC DC E2.A10.1.2.2raisedA Single Serious Crime or Multiple Lesser Offenses
- CC DC E2.A10.1.2.3raisedConviction in a Federal or State Court, Including a Court-martial of a Crime and Sentenced to Imprisonment for a Term Exceeding One Year
- CC MC E2.A10.1.3.1appliedThe Criminal Behavior Was Not Recent
- CC MC E2.A10.1.3.2appliedThe Crime Was an Isolated Incident
- CC MC E2.A10.1.3.6appliedThere Is Clear Evidence of Successful Rehabilitation
Key Rule Quoted
“A history or pattern of criminal activity creates doubt about a person's judgment, reliability and trustworthiness.”
Procedural Posture
- SOR issuedSep 29, 2003
- Answer filedOct 24, 2003
- Hearing held—Applicant elected to have the case decided on the written record.
- Decision dateMay 24, 2004
Cite For
- Disqualifying Effect of 10 U.S.C. § 986 on Security Clearance Eligibility
- Successful Rehabilitation Under Guideline J
- Impact of Felony Convictions on Security Clearance Decisions