ISCR Case 03-24022.h1

Case Headnote

ISCR Case No. 03-24022.h1

grantedApr 27, 2005· Hon. Thomas M. Crean· hearing

Summary

A 35-year-old computer systems analyst for a defense contractor was granted a security clearance despite concerns under Guidelines E (Personal Conduct), F (Financial Considerations), and J (Criminal Conduct). The applicant's history included multiple arrests, such as an attempted burglary as a teenager (charges dropped), a 1991 misdemeanor assault conviction, and two assault and battery arrests in 1994 and 1996 (charges dismissed). He was also subject to a 2003 protective order involving his wife, and had two speeding infractions in 1997 and 2000.

Financial concerns stemmed from two delinquent credit card debts, a utility bill, and a medical bill for his children, all of which were discharged in bankruptcy. Additionally, two instances of past due rent were noted, which have since been paid.

The clearance was granted because the applicant demonstrated significant rehabilitation and positive behavioral changes. His criminal conduct was not recent, with the last offense occurring over five years prior. Furthermore, all financial issues were resolved through bankruptcy or payment, and he has since maintained current financial obligations.

Why the Applicant Prevailed

The applicant demonstrated clear evidence of successful rehabilitation and positive behavioral changes.
The applicant's criminal conduct was not recent, with the last offense occurring over five years ago.
The applicant's financial issues were resolved through bankruptcy, and he has maintained current financial obligations.

Conditions Referenced

Disqualifying

E2.A10.1.2.1raisedAllegations or Admission of Criminal Conduct, Regardless of Whether the Person Was Formally Charged
E2.A10.1.2.2raisedA Single Serious Crime or Multiple Lesser Offenses
E2.A6.1.2.1raisedA History of Not Meeting Financial Obligations
E2.A6.1.2.3raisedInability or Unwillingness to Satisfy Debts
E2.A5.1.2.2raisedDeliberate Omission, Concealment, or Falsification of Relevant and Material Facts

Mitigating

E2.A10.1.3.1appliedThe Criminal Behavior Was Not Recent
E2.A10.1.3.3appliedThe Person Was Pressured or Coerced Into Committing the Act and Those Pressures Are No Longer Present in That Person's Life
E2.A10.1.3.6appliedThere Is Clear Evidence of Successful Rehabilitation
E2.A6.1.3.6appliedThe Individual Initiated a Good-faith Effort to Repay Overdue Creditors or Otherwise Resolve Debts
E2.A5.1.3.1appliedThe Individual Has Provided Truthful and Candid Information

Key Rule Quoted

“The adjudicative process is an examination of a sufficient period of a person's life to make an affirmative determination that the person is eligible for a security clearance.”
— Directive ¶ 6.3.1

Procedural Posture

SOR issuedJul 27, 2004
Answer filedAug 13, 2004
Hearing heldMar 7, 2005
Decision dateApr 27, 2005

Cite For

Successful Rehabilitation Under Guideline J
Resolution of Financial Issues Through Bankruptcy Under Guideline F
Mitigation of Personal Conduct Concerns Under Guideline E Due to Lack of Intent to Deceive

Editorial summary generated for research. Not legal advice; not a prediction. Verify against the full decision before relying on any quoted language.

¶	Allegation	Finding	Conduct	Concealed Issue	Response	Disqualifying (¶16)	Mitigating applied (¶17)	Mitigation
3.a–3.c	3 sub-charges — specific text not stated in this decision (for the applicant).	For Applicant		—		—	—	—

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

3.a–3.c

3 sub-charges — specific text not stated in this decision (for the applicant).

For Applicant

—

¶	Allegation	Finding	Type	Response	Disqualifying (¶19)	Mitigating applied (¶20)	Mitigation
2.a	Judgment based on a delinquent credit card debt, which has been discharged in bankruptcy.	For Applicant	Judgment Against Applicant	Unknown	(b) unwillingness to satisfy debts regardless of ability	(c) received/receiving counseling; problem being resolved	Documented Chapter 7 Bankruptcy
2.b	Judgment based on a delinquent credit card debt, which has been discharged in bankruptcy.	For Applicant	Judgment Against Applicant	Unknown	(b) unwillingness to satisfy debts regardless of ability	(c) received/receiving counseling; problem being resolved	Documented Chapter 7 Bankruptcy
2.c	Rent due on an apartment, which has been paid.	For Applicant	Unspecified Financial	Unknown	(b) unwillingness to satisfy debts regardless of ability	—	—
2.d	Rent due on an apartment, which has been paid.	For Applicant	Unspecified Financial	Unknown	(b) unwillingness to satisfy debts regardless of ability	—	—
2.e	Utility bill to a municipality that has been paid.	For Applicant	Utility or Phone Debt	Unknown	—	—	—
2.f	Delinquent medical bill for care of Applicant's children, which was included in bankruptcy petition and discharged.	For Applicant	Medical Debt	Unknown	(b) unwillingness to satisfy debts regardless of ability	(c) received/receiving counseling; problem being resolved	Documented Chapter 7 Bankruptcy
2.g	specific text not stated in this decision	For Applicant	Unspecified Financial	Unknown	—	—	—

Allegation

Finding

Type

Response

Disqualifying (¶19)

Mitigating applied (¶20)

Mitigation

2.a

Judgment based on a delinquent credit card debt, which has been discharged in bankruptcy.

For Applicant

Judgment Against Applicant

Unknown

(b) unwillingness to satisfy debts regardless of ability

(c) received/receiving counseling; problem being resolved

Documented

Chapter 7 Bankruptcy

2.b

Judgment based on a delinquent credit card debt, which has been discharged in bankruptcy.

For Applicant

Judgment Against Applicant

Unknown

(b) unwillingness to satisfy debts regardless of ability

(c) received/receiving counseling; problem being resolved

Documented

Chapter 7 Bankruptcy

2.c

Rent due on an apartment, which has been paid.

For Applicant

Unspecified Financial

Unknown

(b) unwillingness to satisfy debts regardless of ability

—

2.d

Rent due on an apartment, which has been paid.

For Applicant

Unspecified Financial

Unknown

(b) unwillingness to satisfy debts regardless of ability

—

2.e

Utility bill to a municipality that has been paid.

For Applicant

Utility or Phone Debt

Unknown

—

2.f

Delinquent medical bill for care of Applicant's children, which was included in bankruptcy petition and discharged.

For Applicant

Medical Debt

Unknown

(b) unwillingness to satisfy debts regardless of ability

(c) received/receiving counseling; problem being resolved

Documented

Chapter 7 Bankruptcy

2.g

specific text not stated in this decision

For Applicant

Unspecified Financial

Unknown

—

¶	Allegation	Finding	Offense	Criminal disposition	Response	Disqualifying (¶31)	Mitigating applied (¶32)	Mitigation
1.a	Applicant was arrested for attempted burglary when he was a teenager, but the charge was dropped after the owner of the home did not press the case.	For Applicant	Trespassing or Burglary	Conduct No Charge	Admitted	—	—	—
1.b	Applicant was charged with felonious assault in 1991 but was convicted of misdemeanor assault and received a suspended jail sentence and fine.	For Applicant	Assault or Battery	Convicted	Admitted	—	—	—
1.c	Applicant was arrested in 1994 for assault and battery, but the charges were dismissed after he paid court costs.	For Applicant	Assault or Battery	Dismissed or Nolle Prossed	Admitted	—	—	—
1.d	Applicant was arrested in 1996 for assault and battery at the request of his wife, but the charges were dismissed.	For Applicant	Assault or Battery	Dismissed or Nolle Prossed	Admitted	—	—	—
1.e	Applicant was subject to a protective order in 2003 after an incident with his wife, but they are now on better terms and do not fully adhere to the order.	For Applicant	Domestic Violence	Conduct No Charge	Admitted	—	—	—
1.f	Applicant was apprehended for speeding on an interstate highway in 1997 and fined.	For Applicant	Traffic Offense Pattern	Conduct No Charge	Admitted	—	—	—
1.g	Applicant was arrested for speeding in 2000 and fined.	For Applicant	Traffic Offense Pattern	Conduct No Charge	Admitted	—	—	—

Allegation

Finding

Offense

Criminal disposition

Response

Disqualifying (¶31)

Mitigating applied (¶32)

Mitigation

1.a

Applicant was arrested for attempted burglary when he was a teenager, but the charge was dropped after the owner of the home did not press the case.

For Applicant

Trespassing or Burglary

Conduct No Charge

Admitted

—

1.b

Applicant was charged with felonious assault in 1991 but was convicted of misdemeanor assault and received a suspended jail sentence and fine.

For Applicant

Assault or Battery

Convicted

Admitted

—

1.c

Applicant was arrested in 1994 for assault and battery, but the charges were dismissed after he paid court costs.

For Applicant

Assault or Battery

Dismissed or Nolle Prossed

Admitted

—

1.d

Applicant was arrested in 1996 for assault and battery at the request of his wife, but the charges were dismissed.

For Applicant

Assault or Battery

Dismissed or Nolle Prossed

Admitted

—

1.e

Applicant was subject to a protective order in 2003 after an incident with his wife, but they are now on better terms and do not fully adhere to the order.

For Applicant

Domestic Violence

Conduct No Charge

Admitted

—

1.f

Applicant was apprehended for speeding on an interstate highway in 1997 and fined.

For Applicant

Traffic Offense Pattern

Conduct No Charge

Admitted

—

1.g

Applicant was arrested for speeding in 2000 and fined.

For Applicant

Traffic Offense Pattern

Conduct No Charge

Admitted

—

Loading case…

Case Profile

Summary

Why the Applicant Prevailed

Conditions Referenced

Key Rule Quoted

Procedural Posture

Cite For

Full decision

DEFENSE OFFICE OF HEARINGS AND APPEALS

HEARING

APPEARANCES

STATEMENT OF CASE

FINDINGS OF FACT

POLICIES

CONCLUSION

FORMAL FINDINGS

DECISION

FOOTNOTES