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
- 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
- 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.”
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