Summary
A 31-year-old defense contractor employee was granted a security clearance despite concerns under Guideline G (Alcohol Consumption) and Guideline J (Criminal Conduct). The Statement of Reasons cited a 1992 theft conviction, a 2000 altercation, and a 2002 DUI arrest that resulted in a "Wet Reckless" plea.
The 1992 incident involved the applicant using a customer's credit card, leading to a nolo contendere plea to two misdemeanor burglary charges, a 45-day jail sentence, and two years of probation. In 2000, an alcohol-fueled altercation resulted in a nolo contendere plea to Disturbing the Peace, a $400 fine, and a $680 state penalty. The 2002 DUI arrest, following a traffic accident, led to a no contest plea to a misdemeanor Wet Reckless charge, a $1,060 fine, three years of probation, and mandatory completion of an alcohol and drug education program.
The judge ultimately granted the clearance, finding no established pattern of alcohol abuse and noting the applicant's positive behavioral changes. Specifically, the applicant completed the required alcohol education program, and there was no evidence of a current alcohol problem. The prior criminal conduct was deemed isolated and occurred over a decade prior to the decision.
Why the applicant prevailed
- The applicant demonstrated positive changes in behavior after completing an alcohol education program.
- There was no evidence of a current alcohol problem or pattern of alcohol-related misconduct.
- The applicant's prior criminal conduct was isolated and occurred over a decade ago.
Conditions referenced
- E2.A10.1.2.2raisedCriminal Conduct - A Single Serious Crime or Multiple Lesser Offenses
- E2.A7.1.2.1raisedAlcohol Consumption - Alcohol-related Incidents Away From Work
- E2.A7.1.3.1appliedAlcohol Consumption - the Alcohol-related Incidents Do Not Indicate a Pattern
- E2.A7.1.3.2appliedAlcohol Consumption - the Problem Occurred a Number of Years Ago and There Is No Indication of a Recent Problem
- E2.A7.1.3.3appliedAlcohol Consumption - Positive Changes in Behavior Supportive of Sobriety
- 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
Key rule quoted
“It is clearly consistent with the national interest to grant or continue a security clearance for applicant.”
Procedural posture
- SOR issuedJul 22, 2004
- Answer filedAug 18, 2004
- Hearing heldFeb 17, 2005Applicant submitted a post-hearing letter.
- Decision dateJun 30, 2005
Cite for
- Mitigating Conditions for Alcohol-related Incidents Under Guideline G
- Disqualifying Conditions for Criminal Conduct Under Guideline J
- Successful Rehabilitation and Positive Behavior Changes in Security Clearance Cases.