Summary
A 52-year-old over-the-road truck driver, with a background of military service and a previous security clearance, was granted a security clearance despite allegations under Guideline E (Personal Conduct) and Guideline J (Criminal Conduct). These allegations stemmed from a March 2002 arrest for failure to obey a peace officer, resisting arrest, and disturbing the peace.
The applicant pleaded guilty to the charges, and her case was held in abeyance for 12 months before ultimately being dismissed. Disqualifying conditions E2.A10.1.2.1, E2.A10.1.2.2, and E2.A5.1.2.2 were raised.
However, the judge applied mitigating conditions E2.A10.1.3.1, E2.A10.1.3.2, E2.A10.1.3.6, E2.A5.1.3.2, E2.A5.1.3.3, and E2.A5.1.3.4. The decision to grant the clearance was based on findings that the criminal conduct was an isolated incident that occurred over three years prior, the applicant successfully completed the terms of her plea agreement, and she demonstrated successful rehabilitation while maintaining a strong work record since the incident.
Why the Applicant Prevailed
- The applicant's criminal conduct was an isolated incident that occurred over three years prior to the decision.
- The applicant successfully completed the terms of her plea agreement, resulting in the dismissal of charges.
- The applicant demonstrated successful rehabilitation and maintained a strong work record since the incident.
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 After a Criminal Incident
- Impact of Legal Advice on Disclosure Obligations Under Guideline E