Summary
A 54-year-old project manager for a defense contractor was denied a security clearance under Guideline J (Criminal Conduct) due to a history of criminal offenses. The Statement of Reasons detailed two specific incidents: a February 1996 arrest for shoplifting, which resulted in a guilty plea to trespassing, five days of community service, and a fine; and a February 2003 arrest and grand jury indictment for Lewd Act on a Minor, to which the applicant pled guilty to lesser offenses.
The denial was based on the serious concerns raised by the applicant's criminal history, particularly the felony charge for Lewd Act on a Minor, which impacted his judgment and trustworthiness. Disqualifying condition E2.A10.1.2.2 was applied.
Despite the application of mitigating conditions E2.A10.1.2.1, E2.A10.1.3.2, and E2.A10.1.2.6, the judge found the applicant's attempts at mitigation insufficient. The applicant failed to provide clear evidence of rehabilitation or accountability, and his denials of wrongdoing and claims of fabrication by his wife were deemed to lack credibility. Consequently, the security clearance was denied.
Why the Applicant Was Denied
- Applicant's criminal history includes a felony charge for Lewd Act on a Minor, which raises serious concerns about his judgment and trustworthiness.
- The applicant's attempts to mitigate the concerns were insufficient, as he did not demonstrate clear evidence of rehabilitation or accountability for his actions.
- The judge found the applicant's denials of wrongdoing and claims of fabrication by his wife to lack credibility.
Conditions Referenced
- E2.A10.1.2.2appliedA Single Serious Crime or Multiple Lesser Offenses
- E2.A10.1.2.1appliedThe Conduct Was Not Recent
- E2.A10.1.3.2rejectedThe Crime Was an Isolated Incident
- E2.A10.1.2.6rejectedThere Is Clear Evidence of Successful Rehabilitation
Key Rule Quoted
“Criminal Conduct Disqualifying Condition (CC DC) E2.A10.1.2.2. (A single serious crime or multiple lesser offenses) applies in this case.”
Procedural Posture
- SOR issuedApr 21, 2005
- Answer filedMay 12, 2005
- Hearing heldNov 10, 2005
- Decision dateFeb 8, 2006
Cite For
- Denial of Security Clearance Due to Serious Criminal Conduct Under Guideline J
- Insufficient Mitigation of Security Concerns Related to Criminal History
- Credibility Issues in Applicant's Denials of Wrongdoing