Summary
A 41-year-old federal contractor was denied a security clearance due to concerns under Guideline D (Sexual Behavior), Guideline F (Financial Considerations), and Guideline J (Criminal Conduct). The denial stemmed primarily from a 1995 arrest and subsequent 1996 conviction for Aggravated Sexual Battery, which resulted in over four years of incarceration and required sex offender registration in June 1996.
Additionally, financial issues were noted, including a May 2000 civil judgment for $32,881 in child support owed since 1988. This debt was fully paid in January 2006 after the applicant refinanced his home. A separate $100 delinquent medical bill from January 2005 was asserted to be paid, but no documentation was provided to confirm this.
Despite resolving the child support debt, the applicant's security clearance was denied. The decision highlighted the serious nature of the Aggravated Sexual Battery conviction and a lack of demonstrated rehabilitation or insight into his past criminal behavior. This serious felony conviction ultimately disqualified him from holding a security clearance under federal law.
Why the Applicant Was Denied
- The applicant's conviction for Aggravated Sexual Battery raised significant security concerns under Guidelines D and J.
- The applicant failed to demonstrate rehabilitation or insight into his past behavior, indicating a lack of overall rehabilitation.
- The applicant's serious felony conviction disqualified him from holding a security clearance under federal law.
Conditions Referenced
- E2.A10.1.2.1raisedCriminal Conduct Disqualifying Condition
- E2.A10.1.2.2raisedCriminal Conduct Disqualifying Condition
- E2.A4.1.2.1raisedSexual Behavior Disqualifying Condition
- E2.A4.1.2.3raisedSexual Behavior Disqualifying Condition
- E2.A10.1.3.1rejectedCriminal Conduct Mitigating ConditionThe serious nature of the offense and lengthy sentence outweighed the time elapsed since the conviction.
- E2.A10.1.3.2rejectedCriminal Conduct Mitigating ConditionThe isolated nature of the crime did not mitigate the severity of the offense.
- E2.A6.1.3.6appliedFinancial Considerations Mitigating ConditionThe applicant initiated a good-faith effort to repay overdue creditors by paying child support.
- E2.A4.1.3.2appliedSexual Behavior Mitigating ConditionThe behavior was not recent and there was no evidence of subsequent conduct of a similar nature.
Key Rule Quoted
“The decision to deny an individual a security clearance is not necessarily a judgment of the applicant's loyalty. Instead, it is a determination that the applicant has not met the strict guidelines established by the Department of Defense for issuing a clearance.”
Procedural Posture
- SOR issuedApr 21, 2006
- Answer filedMay 2, 2006Applicant elected to have the case decided on the written record.
- Hearing held—No hearing; decided on the written record.
- Decision dateDec 27, 2006
Cite For
- Disqualification Due to Serious Criminal Conduct Under Guideline J
- Mitigation of Financial Concerns Under Guideline F
- Lack of Demonstrated Rehabilitation Impacting Security Clearance Decisions Under Guideline D