Summary
A 33-year-old systems engineer was denied a security clearance due to concerns under Guideline D (Sexual Behavior), Guideline E (Personal Conduct), and Guideline J (Criminal Conduct). The applicant had a history of criminal conduct, including an arrest in February 1992 for Open Container and Possession of Beer Under 21, which resulted in a pre-trial intervention for one charge and the other being dismissed. In March 1999, he was arrested for Simple Possession of Marijuana and Possession of Drug Paraphernalia, found guilty, and fined $650.00.
The primary concerns stemmed from a November 2001 arrest for Object Sexual Penetration (Under Age 13), a felony, and Forcible Sodomy, also a felony. The applicant pled guilty to the Object Sexual Penetration charge, receiving a ten-year suspended penitentiary sentence, ten years of supervised probation, and an order to participate in a sex offender treatment program. As a result of this conviction, he has been a registered sex offender since October 10, 2002.
Crucially, the applicant failed to disclose his felony conviction and his status as a registered sex offender to his employer's facility security officer. The judge determined that the applicant did not mitigate the security concerns raised by his criminal conduct, sexual behavior, and personal conduct, leading to the denial of his security clearance.
Why the Applicant Was Denied
- The applicant was on supervised probation for a felony sexual crime and did not inform his employer of his conviction.
- He admitted to multiple allegations of disqualifying conduct, including being a registered sex offender.
- The applicant's failure to disclose his criminal history raised significant security concerns regarding his trustworthiness and reliability.
Conditions Referenced
- E2.A10.1.2.1raisedCriminal Conduct
- E2.A10.1.2.2raisedCriminal Conduct
- E2.A4.1.2.1raisedSexual Behavior
- E2.A4.1.2.3raisedSexual Behavior
- E2.A4.1.2.4raisedSexual Behavior
- E2.A5.1.2.1raisedPersonal Conduct
- E2.A5.1.2.2raisedPersonal Conduct
- E2.A5.1.2.4raisedPersonal Conduct
- E2.A5.1.2.5raisedPersonal Conduct
- E2.A10.1.3.1rejectedCriminal ConductThe applicant's criminal actions were not isolated events and demonstrated a pattern of criminal conduct.
- E2.A10.1.3.2rejectedCriminal ConductThere was no clear evidence of successful rehabilitation.
- E2.A4.1.3.1rejectedSexual BehaviorThe applicant's sexual conduct occurred when he was an adult and is ongoing.
- E2.A5.1.3.1rejectedPersonal ConductThe information withheld was pertinent to the applicant's judgment and trustworthiness.
- E2.A5.1.3.2rejectedPersonal ConductThe applicant did not voluntarily provide the correct information.
- E2.A5.1.3.5rejectedPersonal ConductThe applicant took no positive steps to mitigate vulnerability to coercion.
Key Rule Quoted
“"[N]o one has a 'right' to a security clearance."”
Procedural Posture
- SOR issuedOct 12, 2005
- Answer filedOct 24, 2005
- Hearing held—Applicant requested decision on the record.
- Decision dateMar 30, 2006
Cite For
- Disqualifying Conduct Under Guideline J Due to Felony Conviction and Probation Status
- Security Concerns Related to Sexual Behavior and Personal Conduct
- Failure to Disclose Criminal History to Employer as a Basis for Denial of Clearance