Summary
The applicant, a 29-year-old employee of a defense contractor, had a history of criminal conduct including theft and harassment over five years ago. Since then, she has demonstrated rehabilitation and has become a law-abiding, productive member of society, leading to the granting of her security clearance.
Under Guideline J (Criminal Conduct), the Statement of Reasons alleged the following: In 1998, applicant was working at a department store. The father of her children (WG) came into the store and pressured her into undercharging him for merchandise. Applicant was caught and charged with Theft Over $300.00. In February 1999, she pleaded guilty to the charge and was sentenced to probation for two years. She complied with all probation requirements. Upon the petition of her probation officer, the Court terminated her probation after only one year (1.a). In 1998, applicant was charged with and convicted of Telephone Harassment. The charge was the result of applicant calling WG's house about 13 times during a three hour period. Applicant, who had legal custody of their children, made the calls in an attempt to get WG to return the children to her (1.b). In 1996, applicant and a neighbor got into an altercation. Apparently charges of Assault and Battery were filed against each of them. Applicant was never prosecuted (1.c). In March 1994 applicant was charged with (1) Failure of Vehicle Driver to Stop After Unattended Vehicle Damage and (2) Driving Without a License. She was convicted of the first charge and fined $235.00. She was convicted of the second charge, was fined $500.00, ordered to pay restitution to the victim, and was placed on probation for two years (1.d).
The judge granted the clearance. The government raised disqualifying conditions E2.A10.1.2.2. The judge applied mitigating conditions E2.A10.1.3.1, E2.A10.1.3.3, E2.A10.1.3.4, E2.A10.1.3.6. The decision turned on the following: The applicant has not engaged in criminal conduct since October 1998, over five years ago; She has become a productive member of society, evidenced by her continuous employment and education; The pressures that led to her criminal behavior are no longer present in her life.
Why the Applicant Prevailed
- The applicant has not engaged in criminal conduct since October 1998, over five years ago.
- She has become a productive member of society, evidenced by her continuous employment and education.
- The pressures that led to her criminal behavior are no longer present in her life.
Conditions Referenced
- E2.A10.1.2.2raisedA Single Serious Crime or Multiple Lesser Offenses
- E2.A10.1.3.1appliedThe Criminal Behavior Was Not Recent
- E2.A10.1.3.3appliedThe Person Was Pressured or Coerced Into Committing the Act and Those Pressures Are No Longer Present in That Person's Life
- E2.A10.1.3.4appliedThe Person Did Not Voluntarily Commit the Act And/or the Factors Leading to the Violation Are Not Likely to Recur
- E2.A10.1.3.6appliedThere Is Clear Evidence of Successful Rehabilitation
Key Rule Quoted
“In light of all the circumstances presented by the record in this case, it is clearly consistent with the national interest to grant or continue a security clearance for applicant.”
Procedural Posture
- SOR issuedDec 8, 2003
- Answer filedFeb 17, 2004Applicant elected to have her case determined on a written record.
- Hearing held—No hearing; case determined on written record.
- Decision dateOct 19, 2005
Cite For
- Successful Rehabilitation After Criminal Conduct
- Mitigating Factors Related to Coercion in Criminal Behavior
- Impact of Time Elapsed Since Criminal Conduct on Security Clearance Decisions