ISCR Case 04-04077.h1

Case Headnote

ISCR Case No. 04-04077.h1

deniedNov 22, 2005· Hon. Carol G. Ricciardello· hearing

Summary

A 47-year-old engineering technician's security clearance application was denied due to concerns under Guideline E (Personal Conduct) and Guideline J (Criminal Conduct). The applicant had a history of seven arrests over a 16-year period, including three for Driving Under the Influence (DUI). Specific incidents included a 1987 DUI conviction resulting in a suspended jail sentence, probation, and a fine, and a 1988 larceny conviction with probation and restitution.

Further arrests included a 1993 DUI conviction with a fine and probation, a 1999 arrest for Simple Assault Domestic Violence and Criminal Mischief where charges were dropped or Nolle Prossed, and a 2000 conviction for Burglary No Forced Entry Residence 3rd Degree, resulting in a suspended sentence and fine. Another DUI conviction in 2000 led to a suspended jail sentence, probation, and significant fines. The final incident was a 2003 arrest for Giving False Name to Law Enforcement and Reckless Driving, with a conviction for reckless driving and a fine.

A primary reason for denial was the applicant's failure to disclose all criminal conduct on his security clearance application, demonstrating a pattern of dishonesty. The applicant's claims of rehabilitation were deemed insufficient, given the recency of some offenses and a lack of sustained evidence of behavioral change.

Why the Applicant Was Denied

Applicant had seven arrests over a 16-year period, including multiple DUIs.
Applicant failed to disclose all required criminal conduct on his security clearance application, establishing a pattern of dishonesty.
The applicant's claims of rehabilitation were deemed insufficient due to the recency of his offenses and lack of evidence of sustained change.

Conditions Referenced

Disqualifying

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 Charges
E2.A5.1.2.2raisedThe Deliberate Omission, Concealment, or Falsification of Relevant and Material Facts
E2.A5.1.2.5raisedA Pattern of Dishonesty or Rule Violations

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 issuedApr 15, 2005
Answer filed—
Hearing heldOct 19, 2005
Decision dateNov 22, 2005

Cite For

Failure to Disclose Criminal History on Security Clearance Applications Under Guideline E and J
Pattern of Dishonesty Impacting Security Clearance Eligibility
Insufficient Evidence of Rehabilitation in the Context of Multiple Criminal Offenses

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	Applicant failed to list all his criminal conduct on his security clearance application, as required.	Against Applicant	Omission or Failure to DiscloseFOUND DELIBERATE	Criminal Conduct	Admitted	(a) deliberate omission, concealment, or falsification on a security form (b) deliberately providing false information to an investigator or official	—	—
2.b	Applicant failed to list all of his criminal conduct in response to questions on his 1987 SCA.	Against Applicant	Omission or Failure to DiscloseFOUND DELIBERATE	Criminal Conduct	Admitted	(a) deliberate omission, concealment, or falsification on a security form (b) deliberately providing false information to an investigator or official	—	—

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

2.a

Applicant failed to list all his criminal conduct on his security clearance application, as required.

Against Applicant

Omission or Failure to DiscloseFOUND DELIBERATE

Criminal Conduct

Admitted

(a) deliberate omission, concealment, or falsification on a security form

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

—

2.b

Applicant failed to list all of his criminal conduct in response to questions on his 1987 SCA.

Against Applicant

Omission or Failure to DiscloseFOUND DELIBERATE

Criminal Conduct

Admitted

(a) deliberate omission, concealment, or falsification on a security form

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

—

¶	Allegation	Finding	Offense	Criminal disposition	Response	Disqualifying (¶31)	Mitigating applied (¶32)	Mitigation
1.a	Applicant was arrested on March 8, 1987, and charged with Driving Under the Influence (DUI). He was found guilty of the DUI, and was sentenced to 30 days in jail with 30 days suspended, awarded one year probation and fined $300.00, plus court costs.	Against Applicant	DUI or DWI Criminal	Convicted	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability (b) evidence of criminal conduct, regardless of charge or conviction	—	—
1.b	Applicant was arrested on September 23, 1988, and charged with larceny of government property. He pleaded guilty and was awarded one year of probation and ordered to pay $25.00 to the Victim's Restitution Fund.	Against Applicant	Theft or Larceny	Convicted	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability (b) evidence of criminal conduct, regardless of charge or conviction	—	—
1.c	Applicant was arrested on March 20, 1993, and charged with DUI. He was fined and put on probation.	Against Applicant	DUI or DWI Criminal	Convicted	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability (b) evidence of criminal conduct, regardless of charge or conviction	—	—
1.d	On October 10, 1999, Applicant was arrested and charged with Simple Assault Domestic Violence and Criminal Mischief. Count (1) was Nolle Prossed and count (2) was dropped.	Against Applicant	Assault or Battery	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.e	On April 21, 2000, Applicant was charged with Burglary No Forced Entry Residence 3rd Degree. He was found guilty and received a one year suspended sentence for two years, and was fined $500.00.	Against Applicant	Trespassing or Burglary	Convicted	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability (b) evidence of criminal conduct, regardless of charge or conviction	—	—
1.f	On July 4, 2000, Applicant was charged with DUI. He was found guilty and sentenced to one year in jail with eight months suspended, awarded 24 months of probation, fined $2,500.00, plus court costs and ordered to pay $50.00 to the Victims Compensation Assessment.	Against Applicant	DUI or DWI Criminal	Convicted	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability (b) evidence of criminal conduct, regardless of charge or conviction	—	—
1.g	On May 3, 2003, Applicant was arrested and charged with Giving False Name to Law Enforcement and Reckless Driving. He was found guilty on count (2) and was fined $300.00. Count (1) was Nolle Prossed.	Against Applicant	Traffic Offense Pattern	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

Applicant was arrested on March 8, 1987, and charged with Driving Under the Influence (DUI). He was found guilty of the DUI, and was sentenced to 30 days in jail with 30 days suspended, awarded one year probation and fined $300.00, plus court costs.

Against Applicant

DUI or DWI Criminal

Convicted

Admitted

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

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

—

1.b

Applicant was arrested on September 23, 1988, and charged with larceny of government property. He pleaded guilty and was awarded one year of probation and ordered to pay $25.00 to the Victim's Restitution Fund.

Against Applicant

Theft or Larceny

Convicted

Admitted

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

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

—

1.c

Applicant was arrested on March 20, 1993, and charged with DUI. He was fined and put on probation.

Against Applicant

DUI or DWI Criminal

Convicted

Admitted

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

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

—

1.d

On October 10, 1999, Applicant was arrested and charged with Simple Assault Domestic Violence and Criminal Mischief. Count (1) was Nolle Prossed and count (2) was dropped.

Against Applicant

Assault or Battery

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.e

On April 21, 2000, Applicant was charged with Burglary No Forced Entry Residence 3rd Degree. He was found guilty and received a one year suspended sentence for two years, and was fined $500.00.

Against Applicant

Trespassing or Burglary

Convicted

Admitted

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

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

—

1.f

On July 4, 2000, Applicant was charged with DUI. He was found guilty and sentenced to one year in jail with eight months suspended, awarded 24 months of probation, fined $2,500.00, plus court costs and ordered to pay $50.00 to the Victims Compensation Assessment.

Against Applicant

DUI or DWI Criminal

Convicted

Admitted

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

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

—

1.g

On May 3, 2003, Applicant was arrested and charged with Giving False Name to Law Enforcement and Reckless Driving. He was found guilty on count (2) and was fined $300.00. Count (1) was Nolle Prossed.

Against Applicant

Traffic Offense Pattern

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

FINDINGS OF FACT

POLICIES

CONCLUSION

FORMAL FINDINGS

DECISION

FOOTNOTES