ISCR Case 04-01211.h1

Case Headnote

ISCR Case No. 04-01211.h1

deniedMay 12, 2006· Hon. Elizabeth M. Matchinski· hearing

Summary

A 27-year-old painter was denied a security clearance under Guideline E (Personal Conduct) and Guideline J (Criminal Conduct) due to a history of domestic-related offenses, a felony firearms conviction, and a failure to disclose multiple arrests on his security clearance application.

Between December 1999 and June 2000, the applicant was arrested at least five times for domestic-related offenses involving a former girlfriend. In July 2000, he was involved in a physical altercation outside a nightclub. Subsequently, in August 2001, he was found in possession of a pistol in his vehicle, leading to a felony conviction in July 2002, for which he received a three-year suspended jail sentence. The applicant completed court-ordered anger management classes.

Despite being in a stable relationship with a different woman, which suggested a low likelihood of recurring domestic misconduct, the judge found ongoing concerns regarding the applicant's judgment and honesty. Specifically, the applicant falsified his security clearance application by failing to report any of his misdemeanor offenses. These undisclosed arrests and the felony conviction ultimately led to the denial of his security clearance.

Why the Applicant Was Denied

The applicant had a history of multiple arrests for domestic-related offenses and a felony firearms conviction.
The applicant falsified his security clearance application by failing to report his misdemeanor offenses.
Concerns about the applicant's judgment and reliability persisted despite evidence of a stable relationship.

Conditions Referenced

Disqualifying

E2.A10.1.2.1raisedAllegations or Admission of Criminal Conduct
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

Mitigating

E2.A10.1.3.1rejectedThe Criminal Behavior Was Not RecentThe applicant's last criminal conduct was in 2002, but the felony conviction raised ongoing concerns.
E2.A10.1.3.4appliedThe Factors Leading to the Violation Are Not Likely to RecurThe applicant is in a stable relationship and has not had recent domestic issues.
E2.A10.1.3.6rejectedThere Is Clear Evidence of Successful RehabilitationThe applicant's failure to disclose prior offenses undermined claims of rehabilitation.

Key Rule Quoted

“A history or pattern of criminal activity creates doubt about a person's judgment, reliability, and trustworthiness.”
— (¶ E2.A10.1.1.)

Procedural Posture

SOR issuedAug 10, 2004
Answer filedAug 28, 2004
Hearing heldOct 21, 2005Applicant waived the 15-day notice requirement.
Decision dateMay 12, 2006

Cite For

Disqualifying Conditions Under Guideline J for Criminal Conduct
Personal Conduct Concerns Related to Falsification of Security Clearance Applications
Impact of Felony Convictions on Security Clearance Eligibility

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
2.a	specific text not stated in this decision	For Applicant	Unspecified Personal Conduct	—	Unknown	—	—	—
2.b	The applicant falsified his security clearance application by failing to report any of his misdemeanor offenses.	Against Applicant	Omission or Failure to DiscloseFOUND DELIBERATE	Criminal Conduct	Denied	(b) deliberately providing false information to an investigator or official	—	—

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

2.a

specific text not stated in this decision

For Applicant

Unspecified Personal Conduct

—

Unknown

—

2.b

The applicant falsified his security clearance application by failing to report any of his misdemeanor offenses.

Against Applicant

Omission or Failure to DiscloseFOUND DELIBERATE

Criminal Conduct

Denied

(b) deliberately providing false information to an investigator or official

—

¶	Allegation	Finding	Offense	Criminal disposition	Response	Disqualifying (¶31)	Mitigating applied (¶32)	Mitigation
1.a	The applicant was arrested a minimum of five times between December 1999 and June 2000 for domestic-related offenses involving a former girlfriend.	Against Applicant	Domestic Violence	Conduct No Charge	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability (b) evidence of criminal conduct, regardless of charge or conviction	—	—
1.b	In July 2000, he was involved in a physical altercation with another young male outside a nightclub.	For Applicant	Assault or Battery	Conduct No Charge	Admitted	—	—	—
1.c	In July 2002, he was sentenced to three years in jail, suspended, for felony possession of a pistol in his vehicle in August 2001.	For Applicant	Weapons Offense	Convicted	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability (b) evidence of criminal conduct, regardless of charge or conviction	(c) no reliable evidence the individual committed the offense	Documented Rehabilitation Evidence
1.d	There is little likelihood of recurrence of the domestic-related misconduct where Applicant is in a stable relationship with another woman.	For Applicant	Unspecified Criminal Conduct	Conduct No Charge	Denied	—	(a) so much time has passed, or unusual circumstances, that it is unlikely to recur	Credited No Subsequent Offenses
1.e	The applicant's admissions are incorporated as findings of fact.	For Applicant	Unspecified Criminal Conduct	Conduct No Charge	Admitted	—	—	—
1.f	The applicant was required by the court at some point to attend anger management classes, which he completed.	For Applicant	Unspecified Criminal Conduct	Conduct No Charge	Admitted	—	(c) no reliable evidence the individual committed the offense	Documented Substance Treatment Completed
1.g	The applicant's felony possession of an unregistered firearm raises serious questions of Applicant's judgment.	For Applicant	Weapons Offense	Convicted	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability (b) evidence of criminal conduct, regardless of charge or conviction	—	—

Allegation

Finding

Offense

Criminal disposition

Response

Disqualifying (¶31)

Mitigating applied (¶32)

Mitigation

1.a

The applicant was arrested a minimum of five times between December 1999 and June 2000 for domestic-related offenses involving a former girlfriend.

Against Applicant

Domestic Violence

Conduct No Charge

Admitted

(a) pattern of minor offenses casting doubt on judgment/reliability

(b) evidence of criminal conduct, regardless of charge or conviction

—

1.b

In July 2000, he was involved in a physical altercation with another young male outside a nightclub.

For Applicant

Assault or Battery

Conduct No Charge

Admitted

—

1.c

In July 2002, he was sentenced to three years in jail, suspended, for felony possession of a pistol in his vehicle in August 2001.

For Applicant

Weapons Offense

Convicted

Admitted

(a) pattern of minor offenses casting doubt on judgment/reliability

(b) evidence of criminal conduct, regardless of charge or conviction

(c) no reliable evidence the individual committed the offense

Documented

Rehabilitation Evidence

1.d

There is little likelihood of recurrence of the domestic-related misconduct where Applicant is in a stable relationship with another woman.

For Applicant

Unspecified Criminal Conduct

Conduct No Charge

Denied

—

(a) so much time has passed, or unusual circumstances, that it is unlikely to recur

Credited

No Subsequent Offenses

1.e

The applicant's admissions are incorporated as findings of fact.

For Applicant

Unspecified Criminal Conduct

Conduct No Charge

Admitted

—

1.f

The applicant was required by the court at some point to attend anger management classes, which he completed.

For Applicant

Unspecified Criminal Conduct

Conduct No Charge

Admitted

—

(c) no reliable evidence the individual committed the offense

Documented

Substance Treatment Completed

1.g

The applicant's felony possession of an unregistered firearm raises serious questions of Applicant's judgment.

For Applicant

Weapons Offense

Convicted

Admitted

(a) pattern of minor offenses casting doubt on judgment/reliability

(b) evidence of criminal conduct, regardless of charge or conviction

—

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Case Profile

Summary

Why the Applicant Was Denied

Conditions Referenced

Key Rule Quoted

Procedural Posture

Cite For

Full decision

DEFENSE OFFICE OF HEARINGS AND APPEALS

HEARING

SYNOPSIS

APPEARANCES

STATEMENT OF CASE

FINDINGS OF FACT

POLICIES

CONCLUSION

FORMAL FINDINGS

DECISION

FOOTNOTES