Summary
A 53-year-old defense contractor employee, who began his employment in 1997, was denied a security clearance under Guideline J (Criminal Conduct). The denial stemmed from a 1970 felony conviction for possession of dangerous drugs (marijuana), for which he served 23 months in prison.
Despite over 30 years without further criminal conduct, the applicant's felony conviction and sentence of more than one year of incarceration invoked the Smith Amendment (10 U.S.C. Section 986). This statutory provision disqualifies individuals with such a record from receiving a security clearance and does not permit mitigation based on rehabilitation or the passage of time.
The applicant did not request a waiver for his felony conviction, which was a contributing factor to the denial. Disqualifying conditions E2.A10.1.2.1 and E2.A10.1.2.2 were raised, while all mitigating conditions (E2.A10.1.3.1 through E2.A10.1.3.6) were applied but ultimately insufficient to overcome the statutory bar.
Why the Applicant Was Denied
- The applicant's felony conviction from 1970 resulted in a sentence exceeding one year, disqualifying him under 10 U.S.C. Section 986.
- The statutory provision does not allow for mitigation based on rehabilitation or the passage of time since the conviction.
- The applicant did not request a waiver for his felony conviction.
Conditions Referenced
- E2.A10.1.2.1raisedAllegations or Admissions of Criminal Conduct
- E2.A10.1.2.2raisedA Single Serious Crime or Multiple Lesser Offenses
- E2.A10.1.3.1appliedThe Criminal Behavior Was Not RecentThe applicant has not engaged in criminal conduct for over 30 years.
- E2.A10.1.3.2rejectedThe Crime Was an Isolated Incident
- E2.A10.1.3.3notedThe Person Was Pressured or Coerced Into Committing the Act and Those Pressures Are No Longer Present in That Person's Life
- E2.A10.1.3.4notedThe Person Did Not Voluntarily Commit the Act And/or the Factors Leading to the Violation Are Not Likely to Recur
- E2.A10.1.3.5notedAcquittal
- E2.A10.1.3.6notedThere Is Clear Evidence of Successful Rehabilitation
Key Rule Quoted
“The responsibility for producing evidence initially falls on the Government to demonstrate that it is not clearly consistent with the national interest to grant or continue Applicant's access to classified information.”
Procedural Posture
- SOR issuedOct 20, 2005
- Answer filedNov 28, 2005Applicant admitted some allegations but did not request a waiver.
- Hearing held—Decision made on the record.
- Decision dateJun 16, 2006
Cite For
- Disqualification Under the Smith Amendment for Felony Convictions Resulting in Over One Year of Incarceration
- Mitigation of Juvenile Criminal Conduct Due to Absence of Recent Offenses
- The Necessity of Requesting a Waiver for Disqualifying Felony Convictions