Summary
A 28-year-old software engineer was denied a security clearance due to concerns under Guidelines E (Personal Conduct), J (Criminal Conduct), and M (Use of Information Technology). The denial stemmed from a history of criminal conduct and the falsification of information on his security clearance application.
Specific allegations included an arrest in February 2001 for Computer/Illegal Access/Damage, to which he pleaded guilty, resulting in community service, probation, a fine, and restitution. He was also arrested for Driving Under the Influence of Alcohol in August 2000, receiving probation before judgment and a 45-day license suspension. Earlier arrests included 3rd Degree Burglary, 2nd Degree Assault, Giving a False Fire Alarm, Malicious Destruction of Property, and Petty Theft in December 1998 (subsequently expunged), and charges of Dishonesty, Theft, Vandalism, and Failure to Comply in September 1997 (also expunged).
Additionally, the applicant knowingly falsified answers to Questions 6 and 26 on his October 29, 2003, security clearance application, violating 18 U.S.C. § 1001. He also misused information technology systems by illegally accessing and damaging a former employer's computer system. The judge found that the applicant's attempts to mitigate these concerns were not credible or sufficient to demonstrate rehabilitation, and his lack of forthrightness undermined his credibility, leading to the denial.
Why the Applicant Was Denied
- The applicant had a history of criminal conduct, including serious offenses such as illegal access to a computer system and making false statements on his security clearance application.
- The applicant's attempts to mitigate the security concerns were not credible or sufficient to demonstrate rehabilitation or changed circumstances.
- The applicant's admissions of criminal conduct and lack of forthrightness in addressing his culpability undermined his credibility.
Conditions Referenced
- J.1raisedCriminal Conduct
- E.2raisedPersonal Conduct
- M.1raisedMisuse of Information Technology Systems
Key Rule Quoted
“A history or pattern of criminal activity creates doubt about a person's judgment, reliability and trustworthiness.”
Procedural Posture
- SOR issuedFeb 17, 2006
- Answer filedApr 3, 2006Notarized response to SOR.
- Hearing held—Decided on the written record.
- Decision dateNov 27, 2006
Cite For
- Denial of Security Clearance Due to Criminal Conduct Under Guideline J
- Failure to Mitigate Personal Conduct Issues Under Guideline E
- Misuse of Information Technology Systems Leading to Security Concerns Under Guideline M