Summary
A 44-year-old systems engineer for a defense contractor was denied a security clearance under Guideline J (Criminal Conduct) due to a history of drug-related offenses. In 1983, the applicant was convicted of distributing an illegal drug to an undercover officer, receiving a five-year suspended sentence and probation. In September 1986, an arrest for controlled substance possession led to probation revocation and 22 months of state prison incarceration.
The denial was based on these criminal acts, which included multiple drug offenses and a revoked probation. The applicant's conviction and incarceration exceeded the statutory limits outlined in 10 U.S.C. § 986, which prohibits clearance for individuals with such a history. Additionally, undisclosed criminal acts by the applicant indicated a pattern of behavior that raised security concerns.
Despite demonstrating rehabilitation since 1989, and the application of mitigating conditions, the judge concluded that the applicant's criminal history, particularly under 10 U.S.C. § 986, precluded clearance approval. A waiver for the prohibition was recommended for further consideration, but the clearance was ultimately DENIED.
Why the applicant was denied
- The applicant had a history of criminal conduct, including multiple drug-related offenses and a revoked probation.
- The applicant's conviction and incarceration exceeded the statutory limits set by 10 U.S.C. § 986, which prohibits clearance for those with such a history.
- The applicant's additional undisclosed criminal acts indicated a pattern of behavior that raised security concerns.
Conditions referenced
- E2.A10.1.2.1raisedAllegation or Admission of Criminal Activity
- E2.A10.1.2.2raisedA Single Serious Crime
- E2.A10.1.3.1appliedThe Criminal Behavior Was Not Recent
- E2.A10.1.3.2rejectedThe Criminal Behavior Was an Isolated IncidentThe applicant admitted to multiple criminal acts.
- E2.A10.1.3.6rejectedThere Is Clear Evidence of Successful RehabilitationWhile the applicant has been drug-free since 1989, the history of criminal conduct was extensive.
Key rule quoted
“A security concern exists because a history or pattern of criminal activity creates doubt about a person's judgment, reliability and trustworthiness.”
Procedural posture
- SOR issuedJul 13, 2004
- Answer filedJul 19, 2004Applicant admitted allegations.
- Hearing held—Decided on written record.
- Decision dateOct 31, 2005
Cite for
- Application of 10 U.S.C. § 986 Regarding Security Clearance Denials
- Impact of Criminal Conduct on Security Clearance Eligibility
- Consideration of Rehabilitation in the Context of Disqualifying Conditions