Summary
A 48-year-old defense contractor employee was denied a security clearance primarily due to a statutory prohibition under 10 U.S.C. § 986, which disallows clearance for individuals who have served more than one year in confinement. The applicant's criminal history included a felony conviction for sexual abuse of a 6-year-old child, for which he was sentenced to five years of confinement and served three years in jail.
Additional allegations included a March 1983 conviction for driving while intoxicated, resulting in a three-day confinement, and two separate convictions for contempt of court. These issues fell under Guideline J (Criminal Conduct).
Despite the applicant demonstrating rehabilitation and abstaining from alcohol, the judge determined that the serious nature of the offenses, particularly the felony sexual abuse against a child, outweighed these mitigating factors. The statutory prohibition under 10 U.S.C. § 986, triggered by the five-year sentence and three years served for the felony sexual abuse, ultimately led to the denial of the security clearance.
Why the Applicant Was Denied
- Applicant was convicted of felony sexual abuse and sentenced to five years confinement, serving three years in jail, which triggers the prohibition under 10 U.S.C. § 986.
- The judge found that the serious nature of the offenses, particularly against a child, outweighed the mitigating factors of rehabilitation and time elapsed since the offenses.
Conditions Referenced
- E2.A10.1.2.1appliedAdmission of Criminal Conduct
- E2.A10.1.2.2appliedSingle Serious Crime or Multiple Lesser Offenses
- E2.A10.1.3.6appliedClear Evidence of Successful Rehabilitation
- 10 U.S.C. § 986appliedStatutory Prohibition for Conviction and Confinement
- E2.A10.1.3.1appliedCriminal Behavior Not Recent
- E2.A10.1.3.2rejectedIsolated IncidentThe judge found that the applicant's offenses were not isolated incidents.
- E2.A10.1.3.6appliedClear Evidence of Successful Rehabilitation
Key Rule Quoted
“10 U.S.C. § 986 prohibits the Department of Defense from granting or renewing a security clearance to any employee of a DoD contractor who has been convicted of a crime in any court of the United States, was sentenced to imprisonment for a term exceeding one year, and was incarcerated for more than one year.”
Procedural Posture
- SOR issuedMay 20, 2004
- Answer filedJun 13, 2004
- Hearing heldOct 4, 2004continued until 10/26/2004
- Decision dateAug 17, 2005decision issued after moratorium lifted on 08/15/2005
Cite For
- Application of 10 U.S.C. § 986 Regarding Security Clearance Eligibility
- Consideration of Mitigating Factors in the Context of Serious Criminal Conduct
- Impact of Rehabilitation Efforts on Security Clearance Decisions Despite Statutory Prohibitions.