Summary
A 42-year-old single mother was denied a security clearance due to concerns under Guideline E (Personal Conduct) and Guideline J (Criminal Conduct). Her extensive criminal history included convictions for operating a motor vehicle after license suspension and disorderly person offenses in April 1989, assault and battery on a police officer and assault with a dangerous weapon in October 1990, and a public drinking offense in July 1992. She was also convicted of possession of a class D substance with intent to distribute and possession of drug paraphernalia in September 1998, and assault and battery on a police officer, disorderly person, and resisting arrest in August 1998. Further convictions included violating a protection order and two counts of threatening to commit a crime in February 2000.
The applicant was also arrested for larceny of property over $250 and false representation to secure welfare benefits in September 1994. Although charges for breaking and entering in December 1998 and violation of a protection order and threatening to commit a crime in August 1999 were dismissed, her record showed multiple probation violations in 1995 and 1999 for failing to make timely restitution for welfare payments.
The denial was primarily based on her deliberate omission of significant criminal history from her October 2003 security clearance application, including a pending charge for welfare restitution, a 1992 arrest for public drinking and illegal possession of a class D substance, and her arrest record since March 1998. This omission constituted a violation of 18 U.S.C. § 1001. Despite evidence of rehabilitation through group therapy, the judge found ongoing concerns regarding her candor and her failure to pay court-ordered restitution for welfare fraud.
Why the Applicant Was Denied
- The applicant had an extensive criminal record, including multiple arrests and convictions for serious offenses.
- She was found to have deliberately omitted relevant information from her security clearance application, constituting a violation of 18 U.S.C. § 1001.
- The applicant's failure to pay court-ordered restitution for welfare fraud raised significant trustworthiness concerns.
Conditions Referenced
- E2.A10.1.2.1raisedAllegations or Admission of Criminal Conduct
- E2.A10.1.2.2raisedA Single Serious Crime or Multiple Lesser Offenses
Key Rule Quoted
“Eligibility for a security clearance is predicated upon the applicant meeting the security guidelines contained in the Directive.”
Procedural Posture
- SOR issuedSep 28, 2005
- Answer filedOct 10, 2005
- Hearing heldApr 21, 2006
- Decision dateOct 20, 2006
Cite For
- Issues of Candor in Security Clearance Applications Under Guideline E
- Impact of Criminal History on Security Clearance Eligibility Under Guideline J
- Consideration of Rehabilitation Efforts in Security Clearance Determinations.