Summary
A 49-year-old male applicant with a background in defense contracting was denied a security clearance under Guideline J (Criminal Conduct) due to a history of multiple criminal offenses spanning from 1985 to 2001. The Statement of Reasons detailed five specific incidents.
These included a disorderly conduct charge in August 1985, resulting in a no-contest plea and a fine, and another disorderly conduct arrest in February 1989, which was dismissed after anger management classes. In October 1990, he pleaded guilty to Assault in the 4th Degree, receiving a deferred sentence and a fine. A June 2001 DUI charge led to a guilty plea for Reckless Driving, a suspended 365-day confinement, and a $5,000 fine. Finally, in December 2001, he was convicted of Assault in the 4th Degree and Trespass following a jury trial for an incident involving Residential Burglary and Domestic Violence.
Despite the applicant's claims of innocence for each offense, the judge found his testimony incredible and unconvincing. The decision concluded that the applicant failed to demonstrate rehabilitation or that the underlying factors contributing to his criminal conduct were unlikely to recur, leading to the denial of his security clearance.
Why the Applicant Was Denied
- The applicant was charged with five criminal offenses between 1985 and 2001.
- The judge found the applicant's testimony regarding his criminal history to be incredible and unconvincing.
- The applicant failed to demonstrate rehabilitation or that the factors leading to his violations were unlikely to recur.
Conditions Referenced
- DC 1raisedAllegations or Admission of Criminal Conduct, Regardless of Whether the Person Was Formally Charged
- DC 2raisedA Single Serious Crime or Multiple Lesser Offenses Apply
- MC 1rejectedThe Criminal Behavior Was Not RecentThe applicant's recent criminal conduct and false testimony indicated ongoing issues.
- MC 4rejectedThe Factors Leading to the Violation Are Not Likely to RecurThe applicant's history of criminal conduct suggested a likelihood of recurrence.
- MC 6rejectedThere Is Clear Evidence of Successful RehabilitationThe applicant failed to provide evidence of rehabilitation.
Key Rule Quoted
“"the clearly consistent standard indicates that security clearance determinations should err, if they must, on the side of denials."”
Procedural Posture
- SOR issuedJan 14, 2005
- Answer filedFeb 18, 2005
- Hearing heldNov 3, 2005
- Decision dateFeb 17, 2006
Cite For
- Denial of Security Clearance Based on a History of Criminal Conduct Under Guideline J
- Credibility of Applicant's Testimony Regarding Criminal History
- Failure to Demonstrate Rehabilitation or Mitigation of Criminal Conduct