Summary
A 45-year-old fabrication and process helper for a defense contractor was denied a security clearance under Guideline J (Criminal Conduct) due to a history of criminal behavior. This included two felony assault charges and multiple misdemeanor convictions, which raised concerns about his judgment and reliability.
Specific allegations included an April 1985 arrest for assault, battery, and vandalism, resulting in a vandalism conviction. More significantly, in January 2002, the applicant was involved in a violent incident with his then-girlfriend's 16-year-old son, now his stepson. After an argument, the applicant followed his stepson to the garage, hit him in the face, and continued to strike him after he fell. When his girlfriend intervened, he slapped her, causing her to fall, and then repeatedly kicked his stepson.
Police arrested and charged him with felony assault with a deadly weapon. He later pled nolo contendere to two misdemeanor charges: corporal injury to a child and battery. The court found him guilty, sentencing him to 90 days in jail (of which he served 62), 16 hours of directed work, 48 months of probation, parenting and domestic violence counseling, and a fine of $573.22. The judge found that the applicant failed to mitigate concerns regarding his violent behavior, particularly this serious incident, and did not provide evidence of rehabilitation or completion of counseling, leading to the denial of his clearance.
Why the Applicant Was Denied
- The applicant has a history of criminal conduct, including two felony assault charges and multiple misdemeanor convictions.
- The applicant's violent behavior during a family dispute raised significant concerns about his judgment and reliability.
- The applicant did not provide evidence of rehabilitation or completion of counseling, which further undermined his case.
Conditions Referenced
- E2.A10.1.2.1raisedAllegations or Admission of Criminal Conduct, Regardless of Whether the Person Was Formally Charged
- E2.A10.1.2.2raisedA Single Serious Crime or Multiple Lesser Offenses
Key Rule Quoted
“A history or pattern of criminal activity creates doubt about a person's judgment, reliability and trustworthiness.”
Procedural Posture
- SOR issuedDec 23, 2005
- Answer filedFeb 21, 2006Applicant elected to have the case decided on the written record.
- Hearing held—No hearing; decided on the written record.
- Decision dateJul 24, 2006
Cite For
- Denial of Security Clearance Due to Criminal Conduct Under Guideline J
- Impact of Violent Behavior on Security Clearance Eligibility
- Failure to Provide Evidence of Rehabilitation in Criminal Conduct Cases