Summary
A 41-year-old commercial truck driver was granted a security clearance despite concerns under Guideline H (Drug Involvement) and Guideline J (Criminal Conduct). The applicant's history included multiple marijuana-related offenses in the early 1990s. Specifically, in 1990 and 1991, she purchased marijuana for personal use and referred prospective buyers to an acquaintance who sold marijuana. This led to her arrest on March 1, 1991, as part of a police sting operation.
On November 25, 1991, the applicant pleaded guilty to distribution of marijuana, receiving a six-year jail sentence, of which she served three months before being placed on probation. She was subsequently arrested for probation violations in 1995. Other charges were dismissed. Additionally, the applicant admitted to smoking a marijuana cigarette at a New Year's Eve party on December 31, 2001.
However, the applicant demonstrated significant rehabilitation. She has had no further legal involvements since 1995, and her last drug use incident was over 13 years prior to the clearance decision. The applicant's stable employment and commitment to abstaining from drug use, coupled with her responsible behavior and current stable life circumstances, mitigated the past concerns, leading to the granting of her security clearance.
Why the applicant prevailed
- The applicant had no arrests or convictions in the last four years, demonstrating rehabilitation.
- The applicant's past criminal conduct occurred over 13 years ago, and she has shown a commitment to avoiding drug use in the future.
- The applicant's current stable life circumstances and responsible behavior mitigated past concerns.
Conditions referenced
- E2.A10.1.2.1raisedCriminal Conduct: Allegations or Admissions of Criminal Conduct, Regardless of Whether the Person Was Formally Charged
- E2.A10.1.2.2raisedCriminal Conduct: A Single Serious Crime or Multiple Lesser Offenses
- E2.A8.1.2.1raisedDrug Involvement: Any Drug Abuse, Defined as the Illegal Use of a Drug
- E2.A8.1.2.2raisedDrug Involvement: Illegal Drug Possession, Including Cultivation, Processing, Manufacture, Purchase, Sale, or Distribution
- E2.A10.1.3.1appliedCriminal Conduct: the Criminal Behavior Was Not Recent
- E2.A10.1.3.6appliedCriminal Conduct: There Is Clear Evidence of Successful Rehabilitation
- E2.A8.1.3.1appliedDrug Involvement: the Drug Involvement Was Not Recent
- E2.A8.1.3.3appliedDrug Involvement: A Demonstrated Intent Not to Abuse Drugs in the Future
Key rule quoted
“"[N]o one has a 'right' to a security clearance." Department of the Navy v. Egan, 484 U.S. 518, 528 (1988).”
Procedural posture
- SOR issuedMay 25, 2004
- Answer filedJun 23, 2004
- Hearing heldDec 15, 2004
- Decision dateOct 20, 2005
Cite for
- Mitigating Factors for Past Criminal Conduct Under Guideline J
- Mitigating Factors for Drug Involvement Under Guideline H
- Impact of Rehabilitation on Security Clearance Decisions