Summary
A 47-year-old custodian for a defense contractor was denied a security clearance under Guideline E (Personal Conduct) and Guideline J (Criminal Conduct) due to an extensive criminal history and issues with candor. The applicant had been arrested over 20 times for various offenses, including felony drunk driving, burglary, robbery, assault with a deadly weapon, theft, and multiple instances of domestic violence.
Specific incidents included a 1982 robbery conviction resulting in a nine-month jail sentence, a 1983 felony robbery conviction with a similar sentence, and a 1985 conviction for assault with a deadly weapon and theft. Later arrests involved multiple charges of disorderly conduct and, notably, three separate domestic violence convictions in 1998, 1999, and 2003, each resulting in jail time, fines, probation, and mandatory counseling.
The denial was based on the applicant's failure to provide sufficient evidence of rehabilitation or adequate explanations for his criminal history. Additionally, the applicant provided a false answer on his security clearance application regarding his police record for alcohol/drug offenses, indicating a lack of candor. Consequently, granting a security clearance was deemed inconsistent with national interest.
Why the Applicant Was Denied
- The applicant has a history of over 20 arrests, including serious offenses such as domestic violence.
- The applicant failed to provide documentation or explanations for his criminal history, raising doubts about his judgment and trustworthiness.
- The applicant's answers on the security clearance application were incomplete and misleading, indicating a lack of candor.
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
- E2.A5.1.2.2raisedThe Deliberate Omission, Concealment, or Falsification of Relevant and Material Facts
Key Rule Quoted
“The sole purpose of a security clearance determination is to decide if it is clearly consistent with the national interest to grant or continue a security clearance for an applicant.”
Procedural Posture
- SOR issuedJun 13, 2006
- Answer filedJul 31, 2006Applicant elected to have the case decided on the written record.
- Hearing held—No hearing; decided on the written record.
- Decision dateDec 11, 2006
Cite For
- Denial Based on Extensive Criminal History Under Guideline J
- Lack of Candor in Security Clearance Application Under Guideline E
- Failure to Provide Evidence of Rehabilitation or Mitigation for Criminal Conduct