Summary
A 48-year-old applicant was denied a SECRET security clearance under Guideline J (Criminal Conduct). The denial stemmed primarily from a 1978 state court conviction for aggravated trafficking in drugs and possession of LSD and marijuana, which resulted in a sentence of 3 to 15 years imprisonment. This conviction was cited as a disqualifying condition, specifically because the sentence exceeded one year.
Additionally, the applicant had a separate criminal incident in 1976 involving receiving stolen property, which concluded with a fine. While the applicant presented evidence of rehabilitation and maintained a spotless record since the 1978 conviction, these mitigating factors were considered but ultimately did not overcome the primary disqualification.
The judge determined that the 1978 conviction for aggravated drug trafficking and possession fell under the purview of 10 U.S.C. § 986. This statute specifically prohibits individuals with such convictions from being eligible for a security clearance, leading to the denial of the applicant's request.
Why the applicant was denied
- The applicant was convicted of aggravated trafficking in drugs and possession of LSD and marijuana, resulting in a sentence exceeding one year.
- The judge found that the applicant's conviction fell under 10 U.S.C. § 986, disqualifying him from eligibility for a security clearance.
Conditions referenced
- E2.A10.1.2.1raisedCriminal Conduct Disqualifying ConditionAllegations or admissions of criminal conduct, regardless of whether the person was formally charged.
- E2.A10.1.2.2raisedCriminal Conduct Disqualifying ConditionA single serious crime or multiple lesser offenses.
- E2.A10.1.2.3raisedCriminal Conduct Disqualifying ConditionConviction in a Federal or State court, including a court-martial of a crime and sentenced to imprisonment for a term exceeding one year.
- E2.A10.1.3.1appliedCriminal Conduct Mitigating ConditionThe criminal behavior was not recent.
- E2.A10.1.3.6appliedCriminal Conduct Mitigating ConditionThere is clear evidence of successful rehabilitation.
- E2.A10.1.3.2rejectedCriminal Conduct Mitigating ConditionThe crime was not considered an isolated incident due to prior unrelated criminal conduct.
Key rule quoted
“A history or pattern of criminal activity creates doubt about a person's judgment, reliability and trustworthiness.”
Procedural posture
- SOR issuedNov 25, 2003
- Answer filedDec 26, 2003Applicant elected to have the case decided on the written record.
- Hearing held—No hearing was held.
- Decision dateMay 28, 2004
Cite for
- Disqualification Under 10 U.S.C. § 986 Due to Criminal Convictions
- Impact of Past Criminal Conduct on Security Clearance Eligibility
- Successful Rehabilitation Does Not Negate Disqualifying Convictions Under Federal Law.