Summary
A 48-year-old defense contractor was denied a security clearance under Guideline E (Personal Conduct) and Guideline J (Criminal Conduct) due to a history of criminal conduct and statutory prohibitions. The Statement of Reasons detailed several drug-related offenses from the 1980s, including an arrest for marijuana possession in 1980, and charges in 1987 for distribution of cocaine, resulting in a conviction for attempt to distribute cocaine and a sentence of one to three years confinement, less one year probation. In 1989, the applicant was charged with possession of cocaine and possession with intent to distribute. While on probation, the applicant was arrested for disorderly conduct in 1998.
The applicant's security clearance application did not list all felony offenses, specifically omitting two drug-related offenses, and only identified one conviction in response to a question about alcohol or drug-related charges.
The denial was based on a pattern of criminal conduct involving multiple drug offenses. The applicant served eight years of a ten-year sentence for a serious drug conviction, which was deemed disqualifying under 10 U.S.C. 986. The judge found that the applicant did not provide sufficient evidence of rehabilitation or a change in behavior since his release from prison, and the pattern of criminal conduct was not mitigated.
Why the Applicant Was Denied
- The applicant has a pattern of criminal conduct involving multiple drug offenses.
- The applicant served eight years of a ten-year sentence for a serious drug conviction, which is disqualifying under 10 U.S.C. 986.
- The applicant did not provide sufficient evidence of rehabilitation or a change in behavior since his release from prison.
Conditions Referenced
- E2.A10.1.2.2raisedCriminal Conduct - A Single Serious Crime or Multiple Lesser Offenses
- E2.A10.1.3.6rejectedCriminal Conduct - There Is Clear Evidence of Successful RehabilitationThe applicant did not provide sufficient evidence of rehabilitation.
- E2.A10.1.3.1appliedCriminal Conduct - the Criminal Behavior Was Not RecentThe applicant's last criminal behavior occurred in the 1980s, but he was incarcerated or on probation until 1998.
Key Rule Quoted
“The security concern is a history or pattern of criminal conduct that creates doubt about a person's judgment, reliability and trustworthiness.”
Procedural Posture
- SOR issuedOct 23, 2003
- Answer filedNov 14, 2003
- Hearing held—Case decided on a written record.
- Decision dateAug 31, 2005
Cite For
- Pattern of Criminal Conduct Leading to Security Clearance Denial
- Application of 10 U.S.C. 986 in Security Clearance Cases
- Evaluation of Rehabilitation Evidence in Criminal Conduct Cases