Summary
A teleconference specialist for a defense contractor was denied a security clearance due to concerns under Guideline E (Personal Conduct) and Guideline J (Criminal Conduct). The applicant had a felony conviction for theft of computer equipment from a previous employer. This criminal conduct was compounded by subsequent false statements made on his security clearance application and during interviews with a DSS special agent.
Specifically, the applicant failed to disclose the felony charge on his application and denied any encounters with law enforcement or knowledge of the charges to the DSS agent. He had pled guilty to theft by unauthorized taking of computer equipment after his employment was terminated.
The judge determined that the applicant's actions demonstrated a lack of candor and reliability. The applicant failed to demonstrate rehabilitation or adequately mitigate the security concerns stemming from both his criminal conduct and his deliberate misrepresentations. Consequently, the security clearance was denied.
Why the Applicant Was Denied
- The applicant was convicted of theft by unauthorized taking of computer equipment, which raised significant security concerns.
- The applicant provided false information on his security clearance application and during interviews with DSS agents, indicating a lack of candor and reliability.
- The applicant failed to demonstrate rehabilitation or mitigate the security concerns related to his criminal conduct.
Conditions Referenced
- E2.A5.1.2.1raisedReliable, Unfavorable Information Provided by Associates, Employers, Coworkers, Neighbors, and Other Acquaintances
- E2.A5.1.2.2raisedDeliberate Omission, Concealment, or Falsification of Relevant and Material Facts From Any Personal Security Questionnaire
- E2.A5.1.2.3raisedDeliberately Providing False or Misleading Information Concerning Relevant and Material Matters to an Investigator
- E2.A10.1.2.1raisedAllegation or Admission of Criminal Conduct, Regardless of Whether the Person Was Formally Charged
- E2.A10.1.2.2raisedA Single Serious Crime or Multiple Lesser Offenses
- E2.A5.1.3.1rejectedThe Information Was Unsubstantiated or Not Pertinent to a Determination of Judgment, Trustworthiness, or Reliability
- E2.A5.1.3.2rejectedThe Falsification Was an Isolated Incident, Was Not Recent, and the Individual Has Subsequently Provided Correct Information Voluntarily
- E2.A10.1.3.1rejectedThe Criminal Behavior Was Not Recent
- E2.A10.1.3.2rejectedThe Crime Was an Isolated Incident
- E2.A10.1.3.6rejectedThere Is Clear Evidence of Successful Rehabilitation
Key Rule Quoted
“The adjudicative process is an examination of a sufficient period of a person's life to make an affirmative determination that the person is eligible for a security clearance.”
Procedural Posture
- SOR issuedSep 14, 2004
- Answer filedOct 27, 2004
- Hearing heldJun 7, 2005
- Decision dateJul 28, 2005
Cite For
- Lack of Candor in Security Clearance Applications Under Guideline E
- Criminal Conduct Leading to Security Clearance Denial Under Guideline J
- Failure to Mitigate Security Concerns Related to Past Criminal Behavior