Summary
This DOHA security clearance decision, issued under Guideline J (Criminal Conduct), resulted in a denial for a defense contractor employee born in January 1960. The applicant's history of criminal conduct, spanning from 1986 to 1999, raised significant security concerns. This record included felony convictions for physical altercations with police and multiple instances of driving under the influence (DUI).
The judge identified several disqualifying conditions, noting the applicant's long history of criminal behavior, which was not isolated and demonstrated a pattern of violence and alcohol abuse. While the applicant attended counseling, the judge found insufficient evidence of successful rehabilitation to mitigate these concerns.
Despite the application of several mitigating conditions, the judge ultimately concluded that the applicant failed to adequately address the severity and persistence of his criminal conduct. Consequently, the security clearance was denied.
Why the applicant was denied
- The applicant has a long history of criminal conduct, including two felony convictions and multiple DUI offenses.
- The applicant failed to demonstrate clear evidence of successful rehabilitation despite attending counseling.
- The applicant's criminal behavior was not isolated and included a pattern of violence and alcohol abuse.
Conditions referenced
- E2.A10.1.2.1raisedAllegations or Admission of Criminal Conduct
- E2.A10.1.2.2raisedA Single Serious Crime or Multiple Lesser Offenses
- E2.A10.1.3.1appliedThe Criminal Behavior Was Not RecentThe applicant had no criminal incidents for about seven years.
- E2.A10.1.3.2rejectedThe Crime Was an Isolated IncidentThe applicant has a long history of crimes related to alcohol abuse and violence.
- E2.A10.1.3.4appliedFactors Leading to the Violation Are Not Likely to RecurThe applicant divorced his wife and has little regular contact with her.
- E2.A10.1.3.6rejectedClear Evidence of Successful RehabilitationThe applicant continues to consume alcohol and did not demonstrate 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 issuedApr 5, 2004
- Answer filedMay 5, 2004
- Hearing heldNov 17, 2005with the concurrence of Applicant and Department Counsel
- Decision dateFeb 23, 2006
Cite for
- History of Criminal Conduct Under Guideline J
- Failure to Demonstrate Successful Rehabilitation
- Consideration of Recency and Pattern of Criminal Behavior in Security Clearance Decisions