Summary
This DOHA security clearance decision involved a 52-year-old over-the-road truck driver with prior military service and a history of holding a security clearance. The applicant faced allegations under Guideline E (Personal Conduct) and Guideline J (Criminal Conduct) stemming from a March 2002 arrest.
The allegations detailed that the applicant was arrested for failure to obey a peace officer, resisting arrest, and disturbing the peace. The applicant pleaded guilty, and the case was held in abeyance for 12 months before being dismissed.
The judge ultimately granted the security clearance, finding that the applicant's conduct was an isolated incident that occurred over three years prior to the decision. Key mitigating factors included the applicant's demonstrated successful rehabilitation, a consistent good employment record since the incident, and the voluntary disclosure of the arrest during an interview with the Defense Security Service.
Why the Applicant Prevailed
- The applicant's criminal conduct was an isolated incident that occurred over three years prior to the decision.
- The applicant demonstrated successful rehabilitation and maintained a good employment record since the incident.
- The applicant voluntarily disclosed the arrest during her interview with the Defense Security Service.
Conditions Referenced
- E2.A10.1.2.1raisedAllegations or Admissions of Criminal Conduct, Regardless of Whether the Person Was Formally Charged.
- E2.A10.1.2.2raisedA Single Serious Crime or Multiple Lesser Offenses.
- E2.A5.1.2.2raisedThe Deliberate Omission, Concealment, or Falsification of Relevant and Material Facts.
- E2.A10.1.3.1appliedThe Criminal Behavior Was Not Recent.
- E2.A10.1.3.2appliedThe Crime Was an Isolated Incident.
- E2.A10.1.3.6appliedThere Is Clear Evidence of Successful Rehabilitation.
- E2.A5.1.3.2appliedThe Falsification Was an Isolated Incident, Was Not Recent, and the Individual Has Subsequently Provided Correct Information Voluntarily.
- E2.A5.1.3.3appliedThe Individual Made Prompt, Good-faith Efforts to Correct the Falsification Before Being Confronted with the Facts.
- E2.A5.1.3.4appliedOmission of Material Facts Was Caused or Significantly Contributed to by Improper or Inadequate Advice of Authorized Personnel.
Key Rule Quoted
“The sole purpose of a security clearance determination is to decide if it is clearly consistent with the national interest to grant or continue a security clearance for an applicant.”
Procedural Posture
- SOR issuedNov 19, 2004
- Answer filedDec 9, 2004
- Hearing heldMay 11, 2005
- Decision dateJun 10, 2005
Cite For
- Mitigation of Isolated Criminal Conduct Under Guideline J
- Successful Rehabilitation as a Factor in Security Clearance Decisions
- Impact of Legal Advice on Disclosure Obligations Under Guideline E