Summary
A 47-year-old sole owner of a computer services company was denied a security clearance due to concerns under Guideline D (Sexual Behavior), Guideline E (Personal Conduct), and Guideline J (Criminal Conduct). The applicant is a twice-convicted sex offender, with both convictions stemming from incidents in the mid-1980s involving minor female nieces. He is currently under a suspended sentence and serving supervised probation, and is a registered sex offender.
Further concerns arose from the applicant's personal conduct. He provided false or misleading information in a sworn statement to a Defense Department investigator, denying any sexual contact with minors. This falsification was also considered a violation of federal criminal law (18 U.S.C. § 1001) for making a false statement to a federal agency.
The judge determined that the applicant could not mitigate the security concerns. The denial was based on his ongoing legal penalties as a twice-convicted sex offender, the nature of his criminal conduct involving sexual offenses against minors, and his lack of honesty and reliability demonstrated by false statements during investigations.
Why the applicant was denied
- Applicant is a twice-convicted sex offender with ongoing legal penalties, including a suspended sentence and probation.
- The applicant's criminal conduct involved sexual offenses against minors, raising significant security concerns.
- The applicant's false statements during investigations indicated a lack of honesty and reliability.
Conditions referenced
- E2.A10.1.2.1raisedCriminal Conduct
- E2.A10.1.2.2raisedSerious Crime or Multiple Lesser Offenses
- E2.A5.1.2.3raisedDeliberately Providing False or Misleading Information
- E2.A10.1.3.1rejectedCriminal Behavior Was Not RecentAlthough the criminal behavior occurred many years ago, the applicant's ongoing probation and suspended sentence limit the applicability of this condition.
- E2.A10.1.3.6rejectedClear Evidence of Successful RehabilitationThe applicant did not provide strong, compelling evidence of successful rehabilitation.
Key rule quoted
“"The decision to deny a person a security clearance is not a determination of an applicant's loyalty. Instead, it is determination that the applicant has not met the strict guidelines the President has established for granting a clearance."”
Procedural posture
- SOR issuedJun 15, 2004
- Answer filedAug 10, 2004
- Hearing heldSep 20, 2005
- Decision dateOct 6, 2005
Cite for
- Denial of Clearance Due to Criminal Conduct Involving Sexual Offenses Against Minors
- Impact of Ongoing Legal Penalties on Security Clearance Eligibility
- Importance of Honesty in Security Clearance Applications