ISCR Case 04-03931.h1

Case Headnote

ISCR Case No. 04-03931.h1

grantedAug 30, 2006· Hon. Henry Lazzaro· hearing

Summary

A 37-year-old male applicant was granted a security clearance despite concerns under Guideline J (Criminal Conduct), specifically Disqualifying Condition 2. The Statement of Reasons detailed three past incidents. In July 1994, he was charged with Driving While Ability Impaired (DWAI), pled guilty, and completed all terms of his sentence, including a suspended jail term, a fine of approximately $342.00, an alcohol evaluation, a Level I alcohol program, and 24 hours of community service.

A second DWAI charge occurred in April 1995, to which he also pled guilty. For this offense, he received a suspended jail sentence of 360 days, one year of probation, a fine of approximately $560.00, a Level II alcohol program, and 48 hours of community service. He successfully completed these terms after voluntarily requesting and receiving an extension for his probation in April 1997.

The most serious charges arose in February 1998, when he faced two counts of felony theft and one count of embezzlement of public property. He pled guilty to the two felony theft counts in April 1998, with the embezzlement charge dismissed. He was sentenced to four years in community corrections for one count and six years probation for the other, to run consecutively. He was also ordered to pay $43,184.00 in restitution and approximately $3,150.00 in fees and costs. The clearance was granted based on the application of Mitigating Conditions 1, 4, and 6, as he has not engaged in criminal activity since 1998, successfully completed all probation terms, paid restitution, and recent psychological evaluations confirmed no security risk, significant remorse, and rehabilitation.

Why the Applicant Prevailed

The applicant has not engaged in any criminal activity since his 1998 conviction.
He successfully completed all terms of his probation and paid restitution.
Recent psychological evaluations indicate he poses no security risk and has shown significant remorse and rehabilitation.

Conditions Referenced

Disqualifying

DC 2raisedA Single Serious Crime or Multiple Lesser Offenses

Mitigating

MC 1appliedThe Criminal Behavior Was Not Recent
MC 4appliedThe Factors Leading to the Violation Are Not Likely to Recur
MC 6appliedThere Is Clear Evidence of Successful Rehabilitation

Key Rule Quoted

“The objective of the security-clearance process is the fair-minded, commonsense assessment of a person's trustworthiness and fitness for access to classified information.”

Procedural Posture

SOR issuedOct 4, 2005
Answer filedNov 28, 2005
Hearing heldApr 25, 2006
Decision dateAug 30, 2006

Cite For

Successful Mitigation of Criminal Conduct Under Guideline J
Importance of Rehabilitation in Security Clearance Decisions
Consideration of Personal Circumstances Leading to Criminal Behavior

Editorial summary generated for research. Not legal advice; not a prediction. Verify against the full decision before relying on any quoted language.

¶	Allegation	Finding	Offense	Criminal disposition	Response	Disqualifying (¶31)	Mitigating applied (¶32)	Mitigation
1.a	Applicant was charged with Driving While Ability Impaired (DWAI) on July 13, 1994. He pled guilty and was sentenced to 90 days jail (suspended), fined approximately $342.00, ordered to complete an alcohol evaluation and a Level I alcohol program, and was required to perform 24 hours of community service. Applicant successfully completed all terms of the sentence.	For Applicant	DUI or DWI Criminal	Convicted	Admitted	(b) evidence of criminal conduct, regardless of charge or conviction	(a) so much time has passed, or unusual circumstances, that it is unlikely to recur (c) no reliable evidence the individual committed the offense	—
1.b	Applicant was again charged with DWAI on April 16, 1995. He pled guilty to this offense and was sentenced to one year in jail (360 days suspended), one year probation, fined approximately $560.00, ordered to complete a Level II alcohol program, and was required to perform 48 hours community service. Applicant voluntarily appeared in court in April 1997 and requested additional time to complete the terms of his probation. He was granted an extension of time and thereafter successfully completed all term of his sentence.	For Applicant	DUI or DWI Criminal	Convicted	Admitted	(b) evidence of criminal conduct, regardless of charge or conviction	(a) so much time has passed, or unusual circumstances, that it is unlikely to recur (c) no reliable evidence the individual committed the offense	—
1.c	Applicant was charged with two counts of felony theft and one count of embezzlement of public property on February 18, 1998. He pled guilty to the two counts of felony theft on April 6, 1998, and the embezzlement charge was dismissed. He was sentenced to serve four years in the community corrections department on one count of felony theft, and six years probation on the other count, the sentences to run consecutively. He was ordered to pay $43,184.00 in restitution and approximately $3,150.00 in fees and costs.	For Applicant	Theft or Larceny	Convicted	Admitted	(b) evidence of criminal conduct, regardless of charge or conviction	(a) so much time has passed, or unusual circumstances, that it is unlikely to recur (c) no reliable evidence the individual committed the offense (d) evidence of successful rehabilitation (time, restitution, employment, etc.)	—

Allegation

Finding

Offense

Criminal disposition

Response

Disqualifying (¶31)

Mitigating applied (¶32)

Mitigation

1.a

Applicant was charged with Driving While Ability Impaired (DWAI) on July 13, 1994. He pled guilty and was sentenced to 90 days jail (suspended), fined approximately $342.00, ordered to complete an alcohol evaluation and a Level I alcohol program, and was required to perform 24 hours of community service. Applicant successfully completed all terms of the sentence.

For Applicant

DUI or DWI Criminal

Convicted

Admitted

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

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

(c) no reliable evidence the individual committed the offense

—

1.b

Applicant was again charged with DWAI on April 16, 1995. He pled guilty to this offense and was sentenced to one year in jail (360 days suspended), one year probation, fined approximately $560.00, ordered to complete a Level II alcohol program, and was required to perform 48 hours community service. Applicant voluntarily appeared in court in April 1997 and requested additional time to complete the terms of his probation. He was granted an extension of time and thereafter successfully completed all term of his sentence.

For Applicant

DUI or DWI Criminal

Convicted

Admitted

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

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

(c) no reliable evidence the individual committed the offense

—

1.c

Applicant was charged with two counts of felony theft and one count of embezzlement of public property on February 18, 1998. He pled guilty to the two counts of felony theft on April 6, 1998, and the embezzlement charge was dismissed. He was sentenced to serve four years in the community corrections department on one count of felony theft, and six years probation on the other count, the sentences to run consecutively. He was ordered to pay $43,184.00 in restitution and approximately $3,150.00 in fees and costs.

For Applicant

Theft or Larceny

Convicted

Admitted

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

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

(c) no reliable evidence the individual committed the offense

(d) evidence of successful rehabilitation (time, restitution, employment, etc.)

—

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Case Profile

Summary

Why the Applicant Prevailed

Conditions Referenced

Key Rule Quoted

Procedural Posture

Cite For

Full decision

DEFENSE OFFICE OF HEARINGS AND APPEALS

HEARING

APPEARANCES

STATEMENT OF CASE

FINDINGS OF FACT

POLICIES

CONCLUSION

FORMAL FINDINGS

DECISION

FOOTNOTES